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SECOND-HAND DEALERS AND PAWNBROKERS ACT 2003 - SECT 20
Procedure for suspending, cancelling, refusing to renew or restore, or imposing conditions on a licence
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.
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