34PSuspension or cancellation of licence by Regulator—show cause notice

34P Suspension or cancellation of licence by Regulator—show cause notice

(1) If the Regulator forms the reasonable belief that any of the following grounds exist, the Regulator may give the licensee a notice in accordance with subsections (2) and (3) proposing the suspension or cancellation of the licence—

(a) the licensee, or any associate of the licensee, is no longer a suitable person to carry on or be associated with a tobacco supply business under the licence;

See section 34Z in relation to suitability.

(b) the licence was issued or transferred to the licensee or renewed on the basis of information that was false or misleading in a material particular;

(c) the licensee has breached a condition of the licence.

(2) A show cause notice must be in writing and include the following information—

(a) that the Regulator proposes to suspend or cancel the licence;

(b) the ground or grounds for suspending or cancelling the licence;

(c) an outline of the facts and circumstances forming the basis of the Regulator's belief that the ground or grounds exist;

(d) if the Regulator proposes to suspend the licence, the proposed period of suspension of the licence;

(e) an invitation to the licensee to show cause, within the period specified in the show cause notice, why the licence should not be suspended or cancelled.

If the Regulator issues a show cause notice proposing the cancellation of a licence, the Regulator may also issue a notice under section 34ZT proposing to disqualify the licensee from holding a licence.

(3) For the purposes of subsection (2)(e), the period specified in the show cause notice must not be less than 28 days after the day the show cause notice is given to the licensee.

(4) A licensee who receives a show cause notice may make written representations to the Regulator in the period specified in the show cause notice specifying why the licence should not be suspended or cancelled.

S. 34Q inserted by No. 51/2024 s. 8.