39Activity licence—suspension and cancellation

39 Activity licence—suspension and cancellation (1) The grounds for the suspension or cancellation of an activity licence under this section are as follows: (a) the obtaining of the licence by fraud or misrepresentation; (b) the contravention by the licensee or any defined influential person in relation to the licensee of this Act or a corresponding public health risk law; (c) the lack of competence of the licensee or of any defined influential person in relation to the licensee. (2) This section applies where the Minister has reasonable grounds for believing that— (a) there exists a ground for the suspension or the cancellation of an activity licence under this section; and cancel the licence. (3) Where this section applies, the Minister must give written notice to the licensee— (a) specifying the ground upon which the Minister intends to suspend or cancel the licence; and (b) stating the facts and circumstances that, in the Minister’s opinion, constitute that ground; and (c) informing the licensee that the licensee may, within 28 days after the date of the notice, give a written response to the Minister in relation to the matters stated in the notice. (4) After the expiration of 28 days after the date of a notice under subsection (3), in consideration of any written response received from the licensee, the Minister must, if satisfied on reasonable grounds of the matters referred to in subsection (2) (a) and (b), by notice in writing to the licensee— (a) in the case of a notice of intention to suspend the licence for a specified period—suspend the licence for that period, or for such shorter period as the Minister thinks fit; or (b) in the case of a notice of intention to cancel the licence—cancel the licence or suspend it for such period as the Minister thinks fit. (5) After the expiration of 28 days after the date of a notice under subsection (3), the Minister must, if not satisfied on reasonable grounds of the matters referred to in subsection (2) (a) and (b), give written notice to the licensee to that effect. (6) The suspension or cancellation of a licence takes effect on— (a) the date on which notice of the suspension or cancellation is given to the licensee; or (b) such later date as is specified in the notice.