sec.37Cancellation

sec.37 Cancellation

The chief executive may cancel a retail or wholesale licence if the chief executive reasonably believes— any of the disciplinary grounds mentioned in section 36 (1) (a) to (g) apply in relation to the licence; or the licensee is not a fit and proper person to be a licensee; or if the licensee is a partnership—1 or more partners is not a fit and proper person to be a licensee; or the licensee is placed in administration, is wound up or is deregistered under the Corporations Act . Before cancelling the retail or wholesale licence, the chief executive must give the licensee a notice (a show cause notice ) stating— the chief executive proposes to cancel the retail or wholesale licence; and the grounds for the proposed cancellation; and the acts, omissions or circumstances that constitute the grounds; and that the licensee may, within 28 days after being given the notice, give the chief executive a written response to the notice. After considering all responses to the show cause notice complying with subsection (2) (d) , the chief executive must— decide to— take no further action; or suspend or cancel the retail or wholesale licence; and give the licensee notice of the decision. If the decision is to suspend or cancel the retail or wholesale licence, the notice must be an information notice. The suspension or cancellation— takes effect on the day stated in the information notice; and for a suspension—continues for the period of not more than 90 days as stated in the information notice. The day stated in the information notice must be after the day the notice is given to the licensee. s 37 ins 2023 No. 16 s 7 amd 2025 No. 13 s 10 (sec.37-ssec.1) The chief executive may cancel a retail or wholesale licence if the chief executive reasonably believes— any of the disciplinary grounds mentioned in section 36 (1) (a) to (g) apply in relation to the licence; or the licensee is not a fit and proper person to be a licensee; or if the licensee is a partnership—1 or more partners is not a fit and proper person to be a licensee; or the licensee is placed in administration, is wound up or is deregistered under the Corporations Act . (sec.37-ssec.2) Before cancelling the retail or wholesale licence, the chief executive must give the licensee a notice (a show cause notice ) stating— the chief executive proposes to cancel the retail or wholesale licence; and the grounds for the proposed cancellation; and the acts, omissions or circumstances that constitute the grounds; and that the licensee may, within 28 days after being given the notice, give the chief executive a written response to the notice. (sec.37-ssec.3) After considering all responses to the show cause notice complying with subsection (2) (d) , the chief executive must— decide to— take no further action; or suspend or cancel the retail or wholesale licence; and give the licensee notice of the decision. (sec.37-ssec.4) If the decision is to suspend or cancel the retail or wholesale licence, the notice must be an information notice. (sec.37-ssec.5) The suspension or cancellation— takes effect on the day stated in the information notice; and for a suspension—continues for the period of not more than 90 days as stated in the information notice. (sec.37-ssec.6) The day stated in the information notice must be after the day the notice is given to the licensee.