Commonwealth Consolidated Acts Commonwealth Consolidated ActsMinister to give show cause notice
(1) If the Minister believes on reasonable grounds that a condition of a temporary licence has been contravened, the Minister may give a written notice (a show cause notice ) to the holder of the licence.
Note: The Minister may also give a show cause notice if the Minister considers that a temporary licence is being used inappropriately, see section 63 .
(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 tempo r ary licence; and
(b) after considering any written statement given in accordance with the show cause notice, is satisfied that a condition of the 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 Minister to cancel a temporary licence.
(4) The 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 temporary licence contravenes this subsection if:
(a) the licence is cancelled under this section; and
(b) the holder of the licence does not return the licence to the Minister within 10 business days after the day the cancellation takes effect.
Civil penalty:
(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.