Wine Industry Act 1994
sec.28Procedure for variation, suspension or cancellation
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sec.28 Procedure for variation, suspension or cancellation
If the chief executive believes that a ground exists to vary, suspend or cancel a licence (the proposed action ), the chief executive must give the licensee a written notice that— states the proposed action; and states the grounds for the proposed action; and outlines the facts and circumstances forming the basis for the chief executive’s belief; and if the proposed action is to vary a condition of the licence—states the proposed variation; and if the proposed action is to suspend the licence—states the proposed suspension period; and invites the licensee to show, within a stated time of at least 28 days, why the proposed action should not take place. If, after considering all representations made within the stated time, the chief executive still believes a ground exists to vary, suspend or cancel the licence, the chief executive may— if the proposed action is to vary a condition of the licence—vary the condition in the way proposed; or if the proposed action is to suspend the licence for a stated period—suspend the licence for the stated period or a shorter period; or if the proposed action is to cancel the licence—cancel the licence, suspend the licence for a period or vary a condition of the licence. The chief executive must inform the licensee of the decision by written notice. If the chief executive decides to vary, suspend or cancel a licence, the notice must comply with the QCAT Act , section 157 (2) . The decision takes effect on the later of the following— on the day the notice is given to the licensee; the day stated in the notice. s 28 amd 2008 No. 19 s 16 ; 2009 No. 24 s 868 (sec.28-ssec.1) If the chief executive believes that a ground exists to vary, suspend or cancel a licence (the proposed action ), the chief executive must give the licensee a written notice that— states the proposed action; and states the grounds for the proposed action; and outlines the facts and circumstances forming the basis for the chief executive’s belief; and if the proposed action is to vary a condition of the licence—states the proposed variation; and if the proposed action is to suspend the licence—states the proposed suspension period; and invites the licensee to show, within a stated time of at least 28 days, why the proposed action should not take place. (sec.28-ssec.2) If, after considering all representations made within the stated time, the chief executive still believes a ground exists to vary, suspend or cancel the licence, the chief executive may— if the proposed action is to vary a condition of the licence—vary the condition in the way proposed; or if the proposed action is to suspend the licence for a stated period—suspend the licence for the stated period or a shorter period; or if the proposed action is to cancel the licence—cancel the licence, suspend the licence for a period or vary a condition of the licence. (sec.28-ssec.3) The chief executive must inform the licensee of the decision by written notice. (sec.28-ssec.4) If the chief executive decides to vary, suspend or cancel a licence, the notice must comply with the QCAT Act , section 157 (2) . (sec.28-ssec.5) The decision takes effect on the later of the following— on the day the notice is given to the licensee; the day stated in the notice.