41Revocation and suspension of licences

41 Revocation and suspension of licences

(1) Subject to subsection (2), the Secretary may, by notice in writing given to the holder of a licence, revoke the licence, or suspend the licence for a period specified in the notice, if: (a) at least one of the following persons: (i) the holder; (ii) a person (a manager) who makes, or participates in making, decisions that affect the whole, or a substantial part, of the holder’s affairs; (iii) if the holder is a body corporate—a major interest holder of the body corporate; has: (iv) been convicted of an offence against this Act or a corresponding State law; or (v) been convicted of an offence against a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or (vi) been ordered to pay a pecuniary penalty for the contravention of a civil penalty provision of this Act or a corresponding State law; or (vii) been ordered to pay a pecuniary penalty for the contravention of a civil penalty provision of a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or (viii) breached a condition of a manufacturing licence; or (ix) had a manufacturing licence suspended or revoked; or (x) been a manager, or a major interest holder, of a body corporate in respect of which subparagraph (iv), (v), (vi), (vii), (viii) or (ix) applies, if the conduct resulting in that subparagraph applying occurred when the person was a manager or major interest holder of the body corporate; or (d) the holder requests in writing that the licence be revoked or suspended, as the case may be; or (e) the holder ceases to carry on the business of manufacturing the goods to which the licence relates; or (ea) the holder contravenes a manufacturing site authorisation in relation to the licence; or (f) the annual licensing charge, or any applicable prescribed inspection fees, have not been paid within 28 days after they become payable; or (g) the goods are exempt under section 18A and the holder has breached a condition of the exemption in relation to those goods; or (ga) the licence covers a biological that is exempt under section 32CB and the holder has breached a condition of the exemption in relation to the biological; or (gb) if there are one or more absolute prohibitions in force for the purposes of subsection 9K(1) or (3)—the Secretary is satisfied that the manufacture in Australia of the goods to which the licence relates would contravene one or more of those prohibitions; or (gc) if there are one or more prohibitions in force for the purposes of subsection 9K(1) or (3) that are subject to conditions—the Secretary is satisfied that the manufacture in Australia of the goods to which the licence relates would contravene one or more of those conditions; or (h) any other circumstances prescribed by the regulations for the purposes of this paragraph exist. (1A) A reference in paragraph (1)(a) to a person convicted of an offence includes a reference to a person in respect of whom an order has been made relating to the offence under: (a) section 19B of the Crimes Act 1914; or (b) a corresponding provision of a law of a State or Territory.