196Power to suspend licence or certificate of registration when show cause notice served

#### 196 Power to suspend licence or certificate of registration when show cause notice served 196 Power to suspend licence or certificate of registration when show cause notice served > > (1) When a show cause notice is served on a person, the Secretary may by notice in writing to the person suspend the person’s licence or certificate of registration pending a determination by the Secretary of whether to take disciplinary action under this Act against the person. > > > (2) The Secretary may only suspend a licence or certificate of registration under this section if satisfied that the grounds for disciplinary action specified in the show cause notice would, if established, justify the suspension or cancellation of the licence or certificate of registration. > > > (3) A suspension under this section may not be imposed for a period of more than 60 days after the show cause notice is served unless— > > > > > (a) the suspension relates to a failure to comply with section 111(1)—in which case the suspension may be imposed until— > > > > > > > (i) the relevant records and documents are caused to be audited as required by the subsection, and > > > > > > > (ii) the auditor appointed to make the audit provides a copy of the report on the audit to the Secretary in accordance with section 116(1), or > > > > > (b) the Secretary considers that the grounds for disciplinary action to which the suspension relates are serious—in which case the suspension may be imposed for the period that the Secretary reasonably requires to investigate the matter. > > > (4) The Secretary is not required to afford a person an opportunity to be heard before taking action against the person under this section but must afford a person an opportunity to be heard as soon as reasonably practicable after imposing a suspension under subsection (3) (b) for a period of more than 60 days. > > > (5) The Secretary can revoke a suspension under this section at any time by notice in writing to the suspended person. > > > (6) This section does not limit or otherwise affect any power to suspend a licence or certificate of registration under section 79A of the [Fair Trading Act 1987](/view/html/inforce/current/act-1987-068). > > **s 196:** Am 2011 No 27, Sch 2.40; 2018 No 5, Sch 1\[41\] \[42\]; 2022 No 59, Sch 1.31.