New South Wales Consolidated Acts
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PROPERTY AND STOCK AGENTS ACT 2002 - SECT 196
Power to suspend licence or certificate of registration when show cause notice served
(1) When a show cause notice is served on a person, the Secretary may by
notice in writing to the person suspend the person's licence or
certificate of registration pending a determination by the Secretary of
whether to take disciplinary action under this Act against the person.
(2)
The Secretary may only suspend a licence or certificate of registration under
this section if satisfied that the grounds for disciplinary action specified
in the show cause notice would, if established, justify the suspension or
cancellation of the licence or certificate of registration.
(3) A suspension
under this section may not be imposed for a period of more than 60 days after
the show cause notice is served unless-- (a) the suspension relates to a
failure to comply with section 111(1)--in which case the suspension may be
imposed until-- (i) the relevant records and documents are caused to be
audited as required by the subsection, and
(ii) the auditor appointed to make
the audit provides a copy of the report on the audit to the Secretary in
accordance with section 116(1), or
(b) the Secretary considers that the
grounds for disciplinary action to which the suspension relates are
serious--in which case the suspension may be imposed for the period that the
Secretary reasonably requires to investigate the matter.
(4) The Secretary is
not required to afford a person an opportunity to be heard before taking
action against the person under this section but must afford a person an
opportunity to be heard as soon as reasonably practicable after imposing a
suspension under subsection (3) (b) for a period of more than 60 days.
(5)
The Secretary can revoke a suspension under this section at any time by notice
in writing to the suspended person.
(6) This section does not limit or
otherwise affect any power to suspend a licence or certificate of registration
under section 79A of the Fair Trading Act 1987 .
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