189Cancellation of retention licence—breach of condition etc.

#### 189 Cancellation of retention licence—breach of condition etc. (1) Subject to subsection (5), the Joint Authority may cancel a retention licence if the licence holder: (a) breaches a licence condition; or (b) contravenes a provision of this Act or the regulations; or (c) breaches a condition attached to an approval under subsection 365(2); or (d) fails to pay user charge that is payable for the licence under the Retention Licence User Charge Act. (2) If the Joint Authority proposes to cancel a licence under subsection (1), the Designated Authority must give the holder a written notice that informs the holder of the proposed cancellation. (3) The notice must: (a) specify the reason for the proposed cancellation; and (b) invite the holder to make submissions in relation to the proposed cancellation; and (c) specify the day by which submissions should be given to the Joint Authority; and (d) specify an address where submissions are to be lodged. (4) The day specified under paragraph (3)(c) must be not less than 60 days after the day on which the notice is given. (5) The Joint Authority may cancel the licence only if: (a) the holder has been given a notice under subsection (2); and (b) the Joint Authority has considered: (i) any submission made by the holder; and (ii) any steps taken by the holder to remedy the circumstances that led to the proposal to cancel the licence and to prevent those circumstances from happening again; and (c) the Joint Authority is satisfied that no special circumstances exist that justify the licence not being cancelled.