QLDIn ForceAct
Recreation Areas Management Act 2006
sec.93Process for cancelling or suspending under s 92
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### sec.93 Process for cancelling or suspending under s 92
The chief executive may take action (the proposed action ) under section 92 by giving the other party to the agreement a written notice stating each of the following—
the proposed action;
the ground for the proposed action;
an outline of the facts and circumstances forming the basis for the ground;
if the proposed action is suspension of the agreement—the proposed suspension period;
an invitation to make written representations, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.
If, after considering any representations made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide—
if the proposed action was to suspend the authorisation under the agreement—to suspend the authorisation for not longer than the proposed suspension period; or
if the proposed action was to cancel the agreement—either to cancel it or to suspend the authorisation under it for a period.
If the chief executive decides to cancel or suspend the authorisation under the agreement, the chief executive must give the other party to the agreement an information notice about the decision.
A decision to cancel or suspend the authorisation under the agreement takes effect on the later of the following days—
the day when the information notice is given to the other party to the agreement;
the day of effect stated in the information notice.
If the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision give the other party to the agreement written notice of the decision.
Despite subsections (3) and (4) , if the authorisation under a commercial activity agreement is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed.
Also, despite subsections (3) and (4) , if a commercial activity agreement is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation has no further effect.
(sec.93-ssec.1) The chief executive may take action (the proposed action ) under section 92 by giving the other party to the agreement a written notice stating each of the following— the proposed action; the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is suspension of the agreement—the proposed suspension period; an invitation to make written representations, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.
(sec.93-ssec.2) If, after considering any representations made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide— if the proposed action was to suspend the authorisation under the agreement—to suspend the authorisation for not longer than the proposed suspension period; or if the proposed action was to cancel the agreement—either to cancel it or to suspend the authorisation under it for a period.
(sec.93-ssec.3) If the chief executive decides to cancel or suspend the authorisation under the agreement, the chief executive must give the other party to the agreement an information notice about the decision.
(sec.93-ssec.4) A decision to cancel or suspend the authorisation under the agreement takes effect on the later of the following days— the day when the information notice is given to the other party to the agreement; the day of effect stated in the information notice.
(sec.93-ssec.5) If the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision give the other party to the agreement written notice of the decision.
(sec.93-ssec.6) Despite subsections (3) and (4) , if the authorisation under a commercial activity agreement is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed.
(sec.93-ssec.7) Also, despite subsections (3) and (4) , if a commercial activity agreement is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation has no further effect.
- (a) the proposed action;
- (b) the ground for the proposed action;
- (c) an outline of the facts and circumstances forming the basis for the ground;
- (d) if the proposed action is suspension of the agreement—the proposed suspension period;
- (e) an invitation to make written representations, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.
- (a) if the proposed action was to suspend the authorisation under the agreement—to suspend the authorisation for not longer than the proposed suspension period; or
- (b) if the proposed action was to cancel the agreement—either to cancel it or to suspend the authorisation under it for a period.
- (a) the day when the information notice is given to the other party to the agreement;
- (b) the day of effect stated in the information notice.