sec.134AProcedure for suspension or cancellation

sec.134A Procedure for suspension or cancellation

If a superintendent considers that reasonable grounds exist to suspend or cancel a licence (the action ), the superintendent must give the licensee a written notice (the show cause notice ) that— states the action proposed; and states the grounds for proposing to take the action; and outlines the facts and circumstances forming the basis for the grounds; and if the superintendent proposes to suspend the licence—states the proposed suspension period; and invites the licensee to show cause, within a specified time, why the action should not be taken. The superintendent may propose— suspending a licensee’s licence for a period shorter than the remaining term of the licence; or cancelling a licensee’s licence and prohibiting the licensee from applying for another licence for a period equal to, or longer than, the remaining term of the cancelled licence; or cancelling a licensee’s licence but allowing the licensee to apply immediately for another specified type of licence. The time specified in subsection (1) (e) must be at least 28 days. The superintendent may, before or after the end of the specified time, extend the time within which the licensee may show cause. The licensee may show cause by personal or written representations. If, after considering any representations made within the time specified or allowed, the superintendent still believes that grounds to take the action exist, the superintendent may— if the show cause notice was a notice of intention to suspend the licence for a specified period—suspend the licence for a period not longer than the specified period; or if the show cause notice was a notice of intention to cancel the licence— cancel the licence; or suspend the licence for a period. The superintendent must inform the licensee of the decision by written notice. If the superintendent decides to suspend or cancel the licence, the notice must state— the reasons for the decision; and that the licensee may contest the decision by— applying under section 134C for reconsideration of the decision; or applying for a review of the decision under section 131 (2) of the Act . Except for a ground mentioned in section 134 (1) (a) , the decision takes effect on the later of the following— the day the notice is given to the licensee; the day specified in the notice. Section 53 (2) of the Act applies for a ground mentioned in section 134 (1) (a) . s 134A ins reg pubd gaz 22 July 1967 p 1351 sub reg pubd gaz 27 November 1971 pp 1475–7; 29 June 1991 pp 1285–1305; 1994 SL No. 139 s 13 amd 1994 SL No. 232 s 30 ; 1999 SL No. 299 s 28 ; 2009 Act No. 24 s 1712 ; 2010 SL No. 36 s 7 ; 2011 SL No. 138 s 10 ; 2019 Act No. 25 s 9 (sec.134A-ssec.1) If a superintendent considers that reasonable grounds exist to suspend or cancel a licence (the action ), the superintendent must give the licensee a written notice (the show cause notice ) that— states the action proposed; and states the grounds for proposing to take the action; and outlines the facts and circumstances forming the basis for the grounds; and if the superintendent proposes to suspend the licence—states the proposed suspension period; and invites the licensee to show cause, within a specified time, why the action should not be taken. The superintendent may propose— suspending a licensee’s licence for a period shorter than the remaining term of the licence; or cancelling a licensee’s licence and prohibiting the licensee from applying for another licence for a period equal to, or longer than, the remaining term of the cancelled licence; or cancelling a licensee’s licence but allowing the licensee to apply immediately for another specified type of licence. (sec.134A-ssec.2) The time specified in subsection (1) (e) must be at least 28 days. (sec.134A-ssec.3) The superintendent may, before or after the end of the specified time, extend the time within which the licensee may show cause. (sec.134A-ssec.4) The licensee may show cause by personal or written representations. (sec.134A-ssec.5) If, after considering any representations made within the time specified or allowed, the superintendent still believes that grounds to take the action exist, the superintendent may— if the show cause notice was a notice of intention to suspend the licence for a specified period—suspend the licence for a period not longer than the specified period; or if the show cause notice was a notice of intention to cancel the licence— cancel the licence; or suspend the licence for a period. (sec.134A-ssec.6) The superintendent must inform the licensee of the decision by written notice. (sec.134A-ssec.7) If the superintendent decides to suspend or cancel the licence, the notice must state— the reasons for the decision; and that the licensee may contest the decision by— applying under section 134C for reconsideration of the decision; or applying for a review of the decision under section 131 (2) of the Act . (sec.134A-ssec.8) Except for a ground mentioned in section 134 (1) (a) , the decision takes effect on the later of the following— the day the notice is given to the licensee; the day specified in the notice. Section 53 (2) of the Act applies for a ground mentioned in section 134 (1) (a) .