Victorian Current Acts Victorian Current Acts(1) The Authority or a council may suspend a permission issued or granted by it, in relation to any or all of its permission activities, if—
(a) the Authority or council believes on reasonable grounds that the holder of the permission has contravened this Act or the regulations; or
(b) the Authority or council does not consider the holder of the permission to be a fit and proper person to engage in those permission activities; or
(c) the Authority or council believes on reasonable grounds that the holder of the permission has given materially incorrect or misleading information to the Authority or council or that the permission was obtained or renewed because of materially incorrect or misleading information; or
(d) the holder of the permission has not paid any prescribed fee in relation to the permission; or
(e) the Authority or council is satisfied of any prescribed matter.
(2) If the Authority or a council proposes to suspend a permission under subsection (1), the Authority or council must give the holder of the permission written notice stating—
(a) the permission activities in relation to which the Authority or council proposes to suspend the permission; and
(b) the reasons for the proposed suspension; and
(c) that the holder may, within 10 business days after receiving the notice, make submissions to the Authority or council in relation to the proposed suspension.
(3) The Authority or council must consider any submission under subsection (2)(c) before deciding whether or not to suspend the permission.
(4) The Authority or council must, as soon as practicable after making a decision whether or not to make a proposed suspension, give the holder of the permission written notice stating—
(a) the decision; and
(b) in the case of a decision to make the suspension—
(i) the reasons for the decision; and
(ii) the period of suspension (which must not begin before notice is given); and
(iii) that the holder of the permission may apply to VCAT for review of the decision—
(A) to make the suspension; or
(B) in respect of the period of suspension.
(5) During a period of suspension, a permission is not in force in respect of the permission activities to which the suspension relates, other than for any purposes specified in the notice under subsection (4).
(6) The Authority or council may remove a period of suspension made by it if, before the date on which the period of suspension expires, the Authority or council considers that the holder of the permission has rectified any circumstances on which the Authority or council based its decision to make the suspension.
(7) The Authority or council may extend a period of suspension made by it if, on the date on which the period of suspension expires, the Authority or council considers that the holder of the permission has not rectified any circumstances on which the Authority or council based its decision to make the suspension.
(8) If the Authority or council extends a period of suspension under subsection (7), the Authority or council must give the holder of the permission a written notice stating—
(a) the decision and reasons for the decision; and
(b) the period for which the suspension is extended; and
(c) that the holder of the permission may apply to VCAT for review of the decision—
(i) to extend the suspension; or
(ii) in respect of the period of the extension.
S. 61 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12− 30, 3/2020 ss 42– 44, 47/2020 s. 26).