Part 6ADisciplinary action against holder of licence

Part 6A—Disciplinary action against holder of licence 69D—Cause for disciplinary action (1) There is proper cause for disciplinary action against the holder of a licence if the Minister is satisfied that— (a) the licence was improperly obtained; or (b) an event has occurred, or circumstances come to light, that show— (i) the holder of the licence is not a fit and proper person to hold the licence; or (ii) in the case of the holder of a licence that is a trust or corporate entity—a person who occupies a position of authority in the entity is not a fit and proper person to occupy such a position in a trust or entity holding such a licence; or (c) the holder of the licence has failed to comply with a provision of the Act or the licence (including a condition of the licence); or (d) the holder of the licence has been convicted of an offence against the Act; or (e) the holder of the licence has been convicted of an offence punishable by imprisonment; or (f) the business carried out under the licence is improperly conducted; or (g) it would be contrary to the public interest if the holder of the licence were to continue to hold the licence. (2) If the Minister believes on reasonable grounds that there is proper cause for disciplinary action against the holder of a licence, the Minister may do 1 or more of the following: (a) issue a compliance notice to the holder of the licence in accordance with section 69E; (b) issue a default notice to the holder of the licence in accordance with section 69F; (c) take disciplinary action against the holder of the licence in accordance with section 69G. (3) The Commissioner of Police must, at the request of the Minister, provide to the Minister any information required by the Minister for the purposes of determining whether there is proper cause to take disciplinary action against the holder of a licence under subsection (1). (4) In determining whether there is proper cause for disciplinary action against the holder of a licence under subsection (1), the Minister may have regard to— (a) information provided to the Minister by the Commissioner of Police for that purpose; and (b) such evidence of the conduct (no matter when the conduct is alleged to have occurred) of the holder of the licence or persons with whom the holder of the licence associates (or has associated at any relevant time) as the Minister considers relevant, including information that existed at the time the licence was granted, regardless of whether that information was known or could have been made known to the Minister at that time. 69E—Compliance notice (1) The Minister may give a notice to the holder of a licence (a compliance notice) specifying grounds for disciplinary action against the holder of the licence and informing them that disciplinary action may be avoided if they take specified action, within a period specified in the notice. (2) If the holder of the licence fails to take the specified action within the time allowed in the notice, the holder of the licence is guilty of an offence. 69F—Default notice The Minister may give a notice to the holder of a licence (a default notice) specifying the grounds for disciplinary action against them and informing them that disciplinary action may be avoided by payment of a specified sum not exceeding— (a) in the case of the holder of a licence who is a body corporate—$500 000; or (b) in any other case—$250 000, within a period specified in the notice. 69G—Disciplinary action (1) The Minister may give a notice to the holder of a licence— (a) specifying that the Minister is considering taking disciplinary action against the holder of the licence; and (b) specifying the nature of the cause for disciplinary action; and (c) requiring the holder of the licence to show cause, within a period specified in the notice (which must be at least 14 days), why disciplinary action should not be taken against them; and (d) that may require the holder of the licence to take specified action, or cease specified action, within a period specified in the notice, in relation to any matter specified in the notice. (2) After considering the submissions (if any) made by the holder of the licence under subsection (1)(c), the Minister may, by order, take disciplinary action in 1 or more of the following ways: (a) the Minister may reprimand the holder of the licence; (b) the Minister may impose a fine on the holder of the licence not exceeding— (i) in the case of the holder of a licence who is a body corporate—$1 000 000; or (ii) in any other case—$500 000; (c) the Minister may— (i) vary the conditions of the licence; or (ii) give directions to the holder of the licence as to the winding up of the business carried out under the licence; or (iii) suspend the licence for a specified or unlimited period; or (iv) cancel the licence; or (v) if the licence is cancelled—disqualify a person from holding the licence or from being granted any other licence under this Act permanently or for a specified time. (3) Disciplinary action takes effect on the date of service of the order on the holder of the licence or on a later date specified in the order. (4) If the Minister suspends a licence or imposes a prohibition, the Minister may, at any time, terminate the suspension or prohibition. (5) A fine imposed under this section may be recovered as a debt due to the State. (6) A person who fails to comply with a requirement, order or direction of the Minister given under this section is guilty of an offence. (a) in the case of a body corporate—$1 000 000; (b) in the case of an individual—$500 000. 69H—Effect of criminal proceedings (1) The Minister may take disciplinary action under this Part whether or not criminal proceedings have been, or are to be, taken in relation to the matters the subject of the disciplinary action and even though a penalty may have been already imposed by the Minister. (2) However, the Minister must, in imposing a fine, take into account any fine that has already been imposed in criminal proceedings.