40Power of court to suspend licence

#### 40 Power of court to suspend licence 40 Power of court to suspend licence > > (1) If— > > > > > (a) in any proceedings before a court in which a licensee is convicted of an indictable offence, or > > > > > (b) in any proceedings before a court in which a licensee gives evidence or is convicted of an offence against this Act or the regulations, or > > > > > (c) in any proceedings before a court in which a licensee is found to be liable to a civil penalty of a kind prescribed by the regulations, > > > > the court is of opinion on the evidence before it, whether that evidence is given by the licensee or any other person, that the licensee’s licence should be suspended or revoked, the court may order that the licence be suspended for a period not exceeding 28 days and that the licence be delivered up to the court. > > > (2) If a licence is delivered up to a court in accordance with an order under subsection (1), the clerk or other relevant officer of the court must immediately send the licence and a copy of the order to the Commissioner. > > > (3) The Commissioner, on receiving the licence under subsection (2), may— > > > > > (a) cause the licence to be returned to the licensee, or > > > > > (b) take action under section 25 or 26 to suspend or revoke the licence. > > **s 40:** Am 2005 No 63, Sch 1 \[71\]; 2017 No 16, Sch 1 \[24\].