36Disciplinary action by Secretary

#### 36 Disciplinary action by Secretary 36 Disciplinary action by Secretary > > (1) The Secretary may undertake such inquiry and investigation in relation to the matters to which a notice under section 34 relates, and any submissions made and evidence adduced by or on behalf of the licensee in relation to those matters, as the Secretary thinks fit. If, after such inquiry and investigation, the Secretary is satisfied on the balance of probabilities that the ground of any notice under section 34 has been substantiated against the licensee, the Secretary may— > > > > > (a) revoke the licence, or suspend it for such portion of the remainder of its duration as the Secretary thinks fit, or > > > > > (b) attach one or more conditions to it, or > > > > > (c) determine that the licence is not to be renewed, or that a licence is not to be granted to the same licensee in future, unless one or more conditions are attached to it on grant or renewal. > > > (1A) Despite subsection (1), the Secretary must revoke the licence if satisfied that the licensee has become a disqualified person because of section 8A(2A). > > > (2) Without limiting the generality of subsection (1)(b), the Secretary may specify, as a condition to be imposed in accordance with that paragraph in respect of the licence of a corporate licensee, that a particular director or officer of the corporation must not (either for a specified period or permanently, as the Secretary may determine) be concerned in the management of the licensed business. > > > (3) The Secretary, on revoking a licence, may specify a period during which the licensee cannot be granted a further licence, and such a specification precludes the grant of a licence during that period. > > > (4) (Repealed) > > > (5) The Secretary may make orders requiring the licensee to pay such amounts as the Secretary determines by way of costs in relation to disciplinary proceedings under this section that resulted in action being taken in respect of the licensee’s licence. Such an order is to be filed in the Tribunal and is enforceable in the same way as an order or other decision of the Tribunal. > > **s 36:** Am 1999 No 31, Sch 1.30 \[2\]; 2002 No 53, Sch 2.22; 2002 No 104, Sch 1 \[36\]; 2009 No 23, Sch 3.6 \[6\]; 2013 No 95, Sch 4.28 \[5\].