25AMandatory cancellation of certain licences by Secretary

25A Mandatory cancellation of certain licences by Secretary S. 25A(1) amended by No. 24/2014 s. 34(2). (1) The Secretary must cancel a wildlife licence (other than a wildlife licence in respect of specified birds) if the Secretary is satisfied on reasonable grounds that the holder knowingly provided false or misleading information with the application. (2) Before cancelling a licence under this section, the Secretary must— (a) notify the holder in writing that it is proposed to cancel the licence; and (b) allow the holder 14 days within which to make oral or written submissions about the proposal. (3) In making a decision, the Secretary must— (a) have regard to the submissions; and (b) notify the holder of the decision. (4) In addition to cancelling the licence, the Secretary may— S. 25A(4)(a) amended by Nos 40/2009 s. 43(a), 24/2014 s. 34(3). (a) cancel any other licence issued to that person under this Act (other than a wildlife licence in respect of specified birds, a game licence or a tour operator licence); and S. 25A(4)(b) amended by Nos 40/2009 s. 43(b), 24/2014 s. 34(3). (b) specify a time within which the person may not apply for another licence under this Act (other than a wildlife licence in respect of specified birds, a game licence or a tour operator licence). S. 25AB inserted by No. 24/2014 s. 35. 25AB Mandatory cancellation of certain licences by Game Management Authority (1) The Game Management Authority must cancel a wildlife licence in respect of specified birds or a game licence if the Authority is satisfied on reasonable grounds that the holder knowingly provided false or misleading information with the application. (2) Before cancelling a licence under this section, the Game Management Authority must— (a) notify the holder in writing that it is proposed to cancel the licence; and (b) allow the holder 14 days within which to make oral or written submissions about the proposal. (3) In making a decision, the Game Management Authority must— (a) have regard to the submissions; and (b) notify the holder of the decision. (4) In addition to cancelling the licence, the Game Management Authority may— (a) cancel any other game licence or wildlife licence in respect of specified birds issued to that person; and (b) specify a time within which the person may not apply for another game licence or wildlife licence in respect of specified birds. S. 25B (Heading) inserted by No. 24/2014 s. 36(1). S. 25B inserted by No. 87/1997 25B Power of Secretary to suspend certain licences S. 25B(1) amended by Nos 40/2009 s. 44, 24/2014 s. 36(2). (1) The Secretary may suspend a wildlife licence (other than a wildlife licence in respect of specified birds), by notice in writing given to the holder of the licence, if the Secretary is satisfied, on reasonable grounds, that— (a) from the time specified in the notice given under subsection (1), which must be after the day on which the notice is given; and (b) subject to section 25C, for the period (not exceeding 90 days) specified in the notice. S. 25B(3) amended by No. 24/2014 s. 36(3). (3) The custody, care and management of any wildlife (other than specified birds) held under a licence which has been suspended under this section must be dealt with in accordance with the directions of the Secretary. S. 25BA inserted by No. 24/2014 s. 37. 25BA Power of Game Management Authority to suspend certain licences (1) The Game Management Authority may suspend a wildlife licence in respect of specified birds or a game licence, by notice in writing given to the holder of the licence, if the Authority is satisfied, on reasonable grounds, that— (a) from the time specified in the notice given under subsection (1), which must be after the day on which the notice is given; and (b) subject to section 25C, for the period (not exceeding 90 days) specified in the notice. (3) The custody, care and management of any specified birds held under a licence which has been suspended under this section must be dealt with in accordance with the directions of the Game Management Authority. S. 25C inserted by No. 87/1997 25C Making submissions on suspension S. 25C(1) amended by Nos 40/2009 s. 44, 24/2014 s. 38. (1) Immediately on suspending a licence under this Part, the Secretary or Game Management Authority (as appropriate) must allow the holder of the licence an opportunity to make written submissions. S. 25C(3) amended by No. 24/2014 s. 38. (3) On receiving any submissions under subsection (2), the Secretary or Game Management Authority (as appropriate) must review the decision to suspend the licence, and in doing so must have regard to the submissions and may decide— (a) not to revoke or amend the suspension; or (b) to revoke or amend the suspension. S. 25C(4) amended by No. 24/2014 s. 38. (4) The Secretary or Game Management Authority (as appropriate) must notify the holder of the licence of the outcome of the review. S. 25D (Heading) inserted by No. 24/2014 s. 39(1) S. 25D inserted by No. 87/1997 25D Power of Secretary to cancel certain licences S. 25D(1) amended by Nos 40/2009 s. 44, 24/2014 s. 39(2). (1) The Secretary may cancel a wildlife licence (other than a wildlife licence in respect of specified birds) if the Secretary is satisfied, on reasonable grounds, that— (2) Before cancelling a licence the Secretary must— (a) notify the holder that he or she proposes to cancel the licence; and (4) In making a decision as to whether or not to cancel a licence, the Secretary must— (5) A cancellation under this section has effect from the time specified in the notice of the Secretary's decision under subsection (4), which must be after the day on which the notice is given. S. 25D(6) amended by No. 24/2014 s. 39(3). (6) Any wildlife (other than specified birds) held under a licence which has been cancelled under this section must be disposed of in accordance with the directions of the Secretary. S. 25DA inserted by No. 24/2014 s. 40. 25DA Power of the Game Management Authority to cancel certain licences (1) The Game Management Authority may cancel a wildlife licence in respect of specified birds or a game licence if the Authority is satisfied, on reasonable grounds, that— S. 25DA(1A) inserted by No. 48/2016 s. 21(1). (1A) In addition to cancelling a licence under subsection (1), the Game Management Authority may specify a time not exceeding 5 years within which the person may not apply for either a wildlife licence in respect of specified birds or a game licence. (2) Before cancelling a licence the Game Management Authority must— (a) notify the holder that the Authority proposes to cancel the licence; and S. 25DA(2)(ab) inserted by No. 48/2016 s. 21(2). (ab) if the Authority proposes to specify a time within which the person may not apply for a wildlife licence in respect of specified birds, or a game licence, notify the holder that the Authority proposes to do so and of the proposed time; and S. 25DA(4) amended by No. 48/2016 s. 21(3). (4) In making a decision as to whether or not to cancel a licence under subsection (1) or specify a time under subsection (1A), the Game Management Authority must— (b) must notify the holder of the Authority's decision. S. 25DA(5) amended by No. 48/2016 s. 21(4). (5) A cancellation under subsection (1) and a time specified under subsection (1A) have effect from the time specified in the notice of the Game Management's Authority's decision under subsection (4), which must be after the day on which the notice was given. S. 25DA(5A) inserted by No. 48/2016 s. 21(5). (5A) A notice under subsection (4) may direct the holder to return the licence to the Game Management Authority within the period specified in the notice. S. 25DA(5B) inserted by No. 48/2016 s. 21(5). (5B) A person to whom a notice under subsection (4) is given must comply with any direction in the notice of a kind referred to in subsection (5A). Penalty: 5 penalty units. (6) Any specified birds held under a licence which has been cancelled under this section must be disposed of in accordance with the directions of the Game Management Authority. S. 26 amended by Nos 9505 s. 18(2)(b), 90/1989 s. 14(c), substituted by No. 70/1990 s. 6(6), repealed by s. 12(2). S. 27 repealed by No. 9861 s. 3(1). 28 Production of licence S. 28(1) amended by Nos 41/1987 s. 103(Sch. 4 item 76.31), 70/1990 s. 12(1)(f), 37/2014 s. 10(Sch. item 184.2). (1) The holder of any licence, permit, or other authority under this Act shall on demand by an authorised officer or by a police officer produce the licence, permit, or other authority for inspection by the authorised officer or police officer either forthwith or, if he has not the licence, permit, or other authority in his possession at that time, within fourteen days thereafter at such place as the authorised officer or police officer directs. 1. 5 penalty units. S. 28(2) amended by No. 70/1990 s. 12(1)(a). (2) Any person— (a) who gives or lends a licence under this Act to any other person or knowingly permits or suffers his licence to be used by any other person; (b) who when lawfully required to produce his licence under this Act produces or tenders a licence issued to any other person; or (c) tampers with, defaces, or otherwise unlawfully uses or attempts to use a licence under this Act issued to any other person— Pt 3A (Heading and ss 28A–28F) inserted by No. 87/1997 Part IIIA—Authorisations S. 28A inserted by No. 87/1997