sec.67AZFNotice of cancellation and that not a fit and proper person to individual who is a licensee

### sec.67AZF Notice of cancellation and that not a fit and proper person to individual who is a licensee For an individual who is a licensee, subsection (3) applies if, after considering submissions made by the individual for the notice under section 67AZD (2) , the commission still considers that the individual has accumulated 30 demerit points in a period of 3 years. Subsection (3) also applies if there are no submissions for the notice under section 67AZD (2) . The commission must, by written notice given to the individual— inform the individual that the commission still considers the individual has accumulated 30 demerit points in a period of 3 years; and cancel the individual’s licence; and inform the individual— that the individual is taken not to be a fit and proper person for part 3 , division 2 for the term calculated under section 67AZM and stated in the notice; and of the individual’s right to apply to the tribunal for a review of the commission’s decision; and how, and the period within which, the individual may apply to the tribunal for the review; and any right the individual has to have the operation of the commission’s decision stayed by the tribunal. An individual who is given notice that they are taken not to be a fit and proper person (a disqualified individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (p) . An individual given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice. Section 49 does not apply to a cancellation under subsection (3) . s 67AZF ins 2003 No. 1 s 34 amd 2009 No. 24 s 1680 ; 2013 No. 38 s 14 sch 1 (sec.67AZF-ssec.1) For an individual who is a licensee, subsection (3) applies if, after considering submissions made by the individual for the notice under section 67AZD (2) , the commission still considers that the individual has accumulated 30 demerit points in a period of 3 years. (sec.67AZF-ssec.2) Subsection (3) also applies if there are no submissions for the notice under section 67AZD (2) . (sec.67AZF-ssec.3) The commission must, by written notice given to the individual— inform the individual that the commission still considers the individual has accumulated 30 demerit points in a period of 3 years; and cancel the individual’s licence; and inform the individual— that the individual is taken not to be a fit and proper person for part 3 , division 2 for the term calculated under section 67AZM and stated in the notice; and of the individual’s right to apply to the tribunal for a review of the commission’s decision; and how, and the period within which, the individual may apply to the tribunal for the review; and any right the individual has to have the operation of the commission’s decision stayed by the tribunal. An individual who is given notice that they are taken not to be a fit and proper person (a disqualified individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (p) . (sec.67AZF-ssec.4) An individual given notice under subsection (3) is taken not to be a fit and proper person for part 3 , division 2 as stated in the notice. (sec.67AZF-ssec.5) Section 49 does not apply to a cancellation under subsection (3) . - (a) inform the individual that the commission still considers the individual has accumulated 30 demerit points in a period of 3 years; and - (b) cancel the individual’s licence; and - (c) inform the individual— (i) that the individual is taken not to be a fit and proper person for part 3 , division 2 for the term calculated under section 67AZM and stated in the notice; and (ii) of the individual’s right to apply to the tribunal for a review of the commission’s decision; and (iii) how, and the period within which, the individual may apply to the tribunal for the review; and (iv) any right the individual has to have the operation of the commission’s decision stayed by the tribunal. Note— An individual who is given notice that they are taken not to be a fit and proper person (a disqualified individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (p) . - (i) that the individual is taken not to be a fit and proper person for part 3 , division 2 for the term calculated under section 67AZM and stated in the notice; and - (ii) of the individual’s right to apply to the tribunal for a review of the commission’s decision; and - (iii) how, and the period within which, the individual may apply to the tribunal for the review; and - (iv) any right the individual has to have the operation of the commission’s decision stayed by the tribunal. Note— An individual who is given notice that they are taken not to be a fit and proper person (a disqualified individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (p) . - (i) that the individual is taken not to be a fit and proper person for part 3 , division 2 for the term calculated under section 67AZM and stated in the notice; and - (ii) of the individual’s right to apply to the tribunal for a review of the commission’s decision; and - (iii) how, and the period within which, the individual may apply to the tribunal for the review; and - (iv) any right the individual has to have the operation of the commission’s decision stayed by the tribunal. Note— An individual who is given notice that they are taken not to be a fit and proper person (a disqualified individual ) for a stated term may have the commission’s decision reviewed under section 86 (1) (p) .