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COASTAL TRADING (REVITALISING AUSTRALIAN SHIPPING) ACT 2012 - SECT 25

Cancellation of general licence

Minister to give s how cause notice

  (1)   If the Minister believ es on reasonable grounds that a condition of a general licence has been contravened, the Minister may give a written notice (a show cause notice ) to the holder of the licence.

  (2)   The show cause notice must:

  (a)   state the grounds on which the notice is given; and

  (b)   invite the holder of the licence to give the Minister, within 10 business days after the day the notice is given, a written statement showing cause why the licence should not be cancelled.

Minister may decide to cancel licence

  (3 )   If the Minister:

  (a)   has given a show cause notice under subsection   ( 1) to the holder of a general licence; and

  (b)   after considering any written statement given in accordance with the show cause notice, is satisfied that a condition of t he licence has been contravened;

the Minister may cancel the licence .

Note:   Section   107 provides that an application may be made to the Administrative Appeals Tribunal for review of a decision by the Minis ter to cancel a general licence .

  (4 )   T he Minister must give written notice of the cancellation to the holder of the licence . The notice must set out :

  (a)   the day the cancellation takes effect; and

  (b )   the reasons for the cancellation; and

  (c)   the effect of subsection   ( 5 ).

Holder of licence to return cancelled licence

  (5 )   The holder of a general licence contravenes this subsection if:

  (a)   the licence is cancelled under this section ; and

  (b)   t he holder of the licence does not return the licence to the Minister within 10 business days after the da y the cancellation takes effect.

Civil p enalty:

  (a)   for an individual--50 penalty units; and

  (b)   for a body corporate--250 penalty units.

Show cause notice not a legislative instrument

  ( 6 )   A show cause notice given under subsection   ( 1) is not a legislative instrument.



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