34QDecision following show cause notice

34Q Decision following show cause notice

(1) If, after considering any representations made by the licensee under section 34P(4), the Regulator is satisfied that—

(a) a ground specified in section 34P(1) exists to suspend or cancel the licence; and

(b) a suspension or cancellation of the licence is warranted—

the Regulator may suspend or cancel the licence.

(2) If the proposed action in the show cause notice is the cancellation of the licence, the Regulator may decide not to cancel the licence but may instead decide to suspend the licence.

The Regulator may decide to vary a licence under section 34D as an alternative to suspending or cancelling the licence.

(3) The Regulator must give notice of a decision to suspend or cancel a licence under this section to—

(4) A notice under subsection (3) must specify—

(a) that the Regulator has decided to suspend or cancel the licence; and

(b) the date that the suspension or cancellation takes effect; and

(c) if the Regulator has decided to suspend the licence, the period of suspension of the licence; and

(d) the way in which the licensee may seek a review of the Regulator's decision to suspend or cancel the licence.

(5) If the Regulator is not satisfied of the matters required by subsection (1), the Regulator must give written notice to the licensee as soon as practicable stating that the licence will not be suspended or cancelled.

Divisions 8 and 9 apply to a decision of the Regulator to suspend or cancel a licence.

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