Queensland Consolidated Acts

SECOND-HAND DEALERS AND PAWNBROKERS ACT 2003 - SECT 20

20 Procedure for suspending, cancelling, refusing to renew or restore, or imposing conditions on a licence

(1) If the chief executive believes reasonable grounds exist to suspend, cancel, refuse to renew or restore, or impose a condition on a licence (the
"action" ), the chief executive must give the licensee a notice (the
"show cause notice" ) that—

(a) states the action proposed and—

(i) if the proposed action is to suspend the licence—states the proposed suspension period; and

(ii) if the proposed action is to impose a condition on a licence—states the proposed condition; and

(b) states the grounds for proposing to take the action; and

(c) outlines the facts and circumstances that form the basis for the chief executive’s belief; and

(d) invites the licensee to make written representations, within a stated time of not less than 28 days, why the action proposed should not be taken.

(2) If, after considering all written representations made within the stated time, the chief executive still believes grounds exist to take the action, the chief executive may—

(a) if the show cause notice stated the action proposed was to suspend the licence for a stated period—suspend the licence for a period not longer than the stated period; or

(b) if the show cause notice stated the action proposed was to cancel the licence—

(i) cancel the licence; or

(ii) suspend the licence for a period; or

(c) if the show cause notice stated the action proposed was not to renew or restore the licence—

(i) refuse to renew or restore the licence; or

(ii) refuse to renew or restore the license for a period; or

(d) if the show cause notice stated the action proposed was to impose a condition on a licence—impose the condition on the licence, or impose another condition on the licence to which the licensee has consented in writing.

(3) The chief executive must give the licensee a QCAT information notice for the decision within 14 days after the decision is made.

(4) The decision takes effect on the later of the following—

(a) the day on which the notice is given to the licensee;

(b) the day stated in the notice.