Western Australian Current Acts Western Australian Current Acts (1) A licensing
officer may cancel an endorsement on a licence under section 24 or 26 if he or
she considers that the licensee has —
(a)
contravened or failed to comply with —
(i)
the terms of the endorsement; or
(ii)
a condition or restriction attached to the endorsement;
or
(b) has
failed a medical examination prescribed under section 24(5)(b).
(2) Subject to
subsection (2a), a cancellation of an endorsement is not effective unless a
licensing officer —
(a) has
given to the licensee written notice of the intention to cancel the
endorsement stating the grounds on which the cancellation is intended to be
made and allowing the licensee 21 days within which to respond to the notice;
(b) has
had due regard to any response to the notice made within that time; and
(c) has
given to the licensee written notice of cancellation of the endorsement at
least 14 days before the cancellation is to take effect, stating the grounds
on which the cancellation is made.
(2a) If in the opinion
of the licensing officer the safety or welfare of members of the public is or
may be at risk from the continuance in force of an endorsement the licensing
officer may give to the licensee written notice of the cancellation stating
the grounds on which the cancellation is made, and the endorsement is
cancelled when the notice is received or deemed to be received by the
licensee.
(2b) A person to whom
notice of cancellation of an endorsement is given must comply with any
directions of a licensing officer in relation to delivering up the licence and
the identity card issued to the person.
Penalty: a fine of $2 000.
(3) A licence that is
delivered up under subsection (2b) is to be amended to delete the endorsement
and returned to the licensee.
[Section 68 amended: No. 55 of 2004 s. 1073; No. 4
of 2008 s. 80(1).]