Australian Capital Territory Numbered Acts

SECURITY INDUSTRY AMENDMENT ACT 2011 (NO. 37 OF 2011) - SECT 16

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Division 3.7A     Cancellation and immediate suspension of licence by commissioner

29A     Commissioner must cancel licence

    (1)     This section applies if a licensee is convicted or found guilty of an offence mentioned in section 21 (1B) (General suitability criteria) during the term of the licence.

    (2)     The commissioner for fair trading must cancel the licence.

Note     The commissioner must give notice of the decision to the licensee (see s 36A).

29B     Immediate suspension of licence

    (1)     This section applies if—

        (a)     the commissioner for fair trading applies, or intends to apply, to the ACAT for an occupational discipline order in relation to a licensee; and

        (b)     having regard to the reasons for the application, the commissioner believes on reasonable grounds that the licence should be suspended immediately in the interests of public safety.

    (2)     The commissioner for fair trading must give the licensee a written notice (the immediate suspension notice ) suspending the licence.

Note     See also s 36A (Reviewable decision notices).

    (3)     The suspension of a licence under this section takes effect when the immediate suspension notice is given to the licensee.

    (4)     The suspension of a licence under this section ends—

        (a)     if the ACAT makes an occupational discipline order in relation to the licensee—when the order takes effect, or 30 days after the day the immediate suspension notice is given to the licensee, whichever is the earlier; or

        (b)     if the ACAT does not make an occupational discipline order in relation to the licensee——when the licensee is given written notice of the tribunal's decision not to make an order, or 30 days after the day the immediate suspension notice is given to the licensee, whichever is the earlier.