34RImmediate suspension of licence—illicit tobacco offence

34R Immediate suspension of licence—illicit tobacco offence

(1) The Regulator may suspend a licence with immediate effect for a period of up to 90 days by giving written notice to the licensee if the Regulator believes on reasonable grounds that—

(a) the licensee has committed an offence against section 11A(2) or (4) (illicit tobacco offence); and

(b) the licensee may continue to possess or supply illicit tobacco in or from the licensed tobacco premises.

(2) The Regulator may suspend a licence under this section whether or not—

(a) the licensee has been charged with an illicit tobacco offence; or

(b) proceedings have been initiated against the licensee in respect of an illicit tobacco offence; or

(c) the licensee has been convicted of an illicit tobacco offence.

A decision to suspend a licence under this section is a reviewable decision under Division 8.

(3) To assist the Regulator to determine whether to suspend a licence under this section—

(a) the Regulator may invite the Chief Commissioner of Police to make representations in relation to the proposed suspension; and

(b) the Chief Commissioner of Police may make representations in relation to the proposed suspension.

See section 34ZA in relation to protected information.

(4) If the Regulator suspends a licence under this section, during the period of suspension the Regulator may—

(a) cancel or revoke the suspension at any time by giving notice in writing to the licensee; or

(b) give the licensee a show cause notice under section 34P proposing the further suspension or the cancellation of the licence.

(5) The Regulator must give written notice of a suspension under this section to—

(b) the Council in whose municipal district the licensed tobacco premises is situated.

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