VICIn ForceAct
Prevention of Cruelty to Animals Act 1986
32LVariation of licence on the motion of the Department Head
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32L Variation of licence on the motion of the Department Head
(1) Before—
(a) varying a licence issued under this Part; or
(b) varying a condition on such a licence—
of his or her own motion under section 32K, the Department Head must—
(c) notify the holder of the licence; and
(d) allow the holder an opportunity to make written submissions.
(2) Submissions under subsection (1) must be made within the time period specified in the notice.
(3) In making a decision as to whether or not to vary a licence under section 32K, the Department Head must—
(a) have regard to submissions made within the period for making submissions; and
(b) notify the holder of his or her decision.
(4) A variation to which subsection (1) applies has effect from the time specified in the notice under subsection (3).
S. 32LA inserted by No. 60/2015 s. 42.
32LA Considerations for variation of a licence on the motion of the Department Head
In making a decision as to whether or not to vary a licence under section 32K, the Department Head may have regard to the following matters—
(a) if the licence holder is a natural person, whether or not the licence holder is a fit and proper person to hold the licence as unvaried;
(b) if the licence holder is a body corporate, whether or not each director or officer of the body corporate who does or may exercise control over the activities carried out under the licence is a fit and proper person to be a director or officer of the body corporate that holds the licence as unvaried;
(c) whether or not the licence holder has been convicted or found guilty of an offence under this Act or the regulations;
(d) whether or not the licence holder has failed to comply with a licence condition;
(e) any other relevant matter.
S. 32M inserted by No. 103/2003 s. 37.