20Duration of licence

20 Duration of licence

(1) A licence remains in force until whichever of the following first occurs—

(a) the period specified in the licence ends; or

(b) the licensee's application to renew the licence is refused; or

(c) the licence is cancelled.

S. 20(1A) inserted by No. 1/2021 s. 104.

(1A) If an application for renewal of a licence is made under Division 2 within the period referred to in section 10 and the renewal does not occur before the end of that period, the licence continues in force after the expiry of the licence period until the licence is either renewed or the application is refused.

(2) Despite subsection (1)(b), a licence, in respect of which an application for renewal is made under Division 2, is taken to continue in force, after the expiry of the licence period—

(a) if the licensee does not apply to VCAT for review of the Authority's determination under section 16 to refuse the application for renewal, until the day after the period specified in section 42(3) during which the licensee may apply to VCAT; or

(b) if, within the period specified in section 42(3), the licensee applies to VCAT for review of the Authority's determination under section 16 to refuse the application for renewal, until VCAT determines that application.

(3) For the purposes of subsection (1), the Authority may specify a licence period of—

(a) not more than 3 years, in the case of an initial grant of a licence; and

(b) not less than 3 years and not more than 5 years, in the case of the renewal of a licence.