Commonwealth Consolidated Regulations

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AIRPORTS (CONTROL OF ON-AIRPORT ACTIVITIES) REGULATIONS 1997 - REG 4AX

Suspension or cancellation of licence

  (1)   The Secretary, by notice in writing to the licensee, may suspend or cancel a licence if there is reason to believe that:

  (a)   the licensee has contravened, or permitted a contravention of, a provision of this Part or a licence condition; or

  (b)   the licensee has failed to comply with a direction given by the Secretary under regulation   4CM; or

  (c)   the licensee (or, if the licensee is a corporation and holds a general licence, a director of the licensee) is not a fit and proper person to act as a licensee in relation to the licensed premises; or

  (d)   the licensee has obtained the licence by fraud or false representation; or

  (e)   the continuation of activities permitted under the licence would be detrimental to the amenity of the airport, or any part of the airport, on which the licensed premises are situated; or

  (f)   the activities permitted under the licence are likely to encourage the misuse or abuse of alcohol; or

  (g)   there is no nominee in respect of the licence; or

  (h)   the licensee has ceased to carry on activities under the licence.

  (2)   In addition, the Secretary, by notice in writing to the licensee, may suspend or cancel a passenger terminal licence if there is reason to believe that:

  (a)   a sub - licensee has conducted the business of the sub - licence in a manner that is inconsistent with the conditions of the passenger terminal licence under which the sub - licence was granted; and

  (b)   the licensee has failed to take all reasonable steps to ensure that the sub - licensee's conduct of the business is consistent with those licence conditions.

  (3)   A notice under subregulation   (1) or (2) must give reasons for the suspension or cancellation.

  (4)   Before making a decision about the suspension or cancellation of a licence, the Secretary must give to the licensee:

  (a)   notice in writing of the ground on which the Secretary proposes to suspend or cancel the licence; and

  (b)   a reasonable opportunity to make representations about the proposed suspension or cancellation.

  (5)   A notice of suspension must state that the licence is suspended:

  (a)   for a period specified in the notice; or

  (b)   until the Secretary gives notice to the licensee ending the suspension.

  (6)   A licence that is suspended ceases to be in force for the period of the suspension.

Note:   An application may be made to the Administrative Review Tribunal for a review of a decision by the Secretary under this regulation--see regulation   4CN.



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