sec.34Cancellation of licence

sec.34 Cancellation of licence

The chief executive may cancel a licence— if the chief executive is satisfied the licensee— is no longer a fit and proper person to hold the licence; or supplied information that was, to the licensee’s knowledge, false or misleading in a material particular in, or in connection with, the application for, or renewal of, the licence; or contravened this Act, whether or not the licensee has been convicted of an offence for the contravention; or contravened a condition of the licence; or in other circumstances prescribed by regulation. For deciding whether a person is not, or is no longer, a fit and proper person to hold the licence, the chief executive may have regard to the matters mentioned in sections 12 to 14 to which the chief executive may have regard in deciding whether an applicant for a licence is a fit and proper person to hold a licence. The chief executive may not have regard to criminal intelligence in deciding whether a person is not, or is no longer, a fit and proper person to hold the licence. The chief executive must not cancel a licence under subsection (2) or (3) without first— suspending the licence; and considering any reasons given by the licensee under section 33 as to why the licence should not be cancelled. The chief executive may cancel a licence by giving the licensee a QCAT information notice stating that the licence is cancelled and the reasons for cancelling it. The decision takes effect on the later of the following— the day on which the notice is given to the licensee; the day stated in the notice. s 34 amd 2016 No. 62 ss 403 , 426 (sec.34-ssec.1) The chief executive may cancel a licence— if the chief executive is satisfied the licensee— is no longer a fit and proper person to hold the licence; or supplied information that was, to the licensee’s knowledge, false or misleading in a material particular in, or in connection with, the application for, or renewal of, the licence; or contravened this Act, whether or not the licensee has been convicted of an offence for the contravention; or contravened a condition of the licence; or in other circumstances prescribed by regulation. (sec.34-ssec.2) For deciding whether a person is not, or is no longer, a fit and proper person to hold the licence, the chief executive may have regard to the matters mentioned in sections 12 to 14 to which the chief executive may have regard in deciding whether an applicant for a licence is a fit and proper person to hold a licence. (sec.34-ssec.3) The chief executive may not have regard to criminal intelligence in deciding whether a person is not, or is no longer, a fit and proper person to hold the licence. (sec.34-ssec.4) The chief executive must not cancel a licence under subsection (2) or (3) without first— suspending the licence; and considering any reasons given by the licensee under section 33 as to why the licence should not be cancelled. (sec.34-ssec.5) The chief executive may cancel a licence by giving the licensee a QCAT information notice stating that the licence is cancelled and the reasons for cancelling it. (sec.34-ssec.6) The decision takes effect on the later of the following— the day on which the notice is given to the licensee; the day stated in the notice.