58Orders for occupational discipline

58 Orders for occupational discipline (1) This section applies if the ACAT may make an occupational discipline order in relation to a licensee. Note The ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when the ACAT may make an order.

Occupational discipline—licensees Division 7.3 (2) In addition to any other occupational discipline order the ACAT may make, the ACAT may make 1 or more of the following orders for occupational discipline in relation to the licensee: (a) direct the commissioner to vary a tobacco licence held by the person with effect for a stated period of not longer than 5 years— (i) to impose more stringent requirements than otherwise apply under this Act in relation to a point of sale, a price ticket or smoking advertising on or adjacent to 1 or more of the premises stated in the licence; or (ii) to impose a condition prohibiting smoking advertising on or adjacent to 1 or more of the premises stated in the licence; or (iii) to impose conditions relating to the sale of smoking products to people under 18 years old; or (iv) to impose a condition prohibiting the sale of smoking products at 1 or more of the premises stated in the licence; (b) if the ACAT suspends a licensee’s licence—suspend any other tobacco licence held by the licensee for a stated period of not longer than 3 months; (c) if the ACAT cancels a licensee’s licence—disqualify the person from holding a tobacco licence, or from holding a tobacco licence for stated premises, for a stated period of not longer than 5 years. Note The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out other occupational discipline orders the ACAT may make. (3) If the only ground for occupational discipline in relation to a licensee is the ground under section 56 (c) (which is about a licence granted to a person in error), the ACAT must only cancel the licence to which the section relates.

(4) If a person is convicted of an offence against this Act for the 2nd time within 2 years (whether or not the convictions are for offences against the same provision of this Act), the ACAT must— (a) cancel each tobacco licence held by the person; and (b) disqualify the person from holding a tobacco licence for 5 years after notice of the cancellation is given to the person.