Commonwealth Consolidated Acts Commonwealth Consolidated ActsCircumstances that may lead to suspension
(1) The Minister may suspend a licence if satisfied that the licensee:
(a) is no longer a fit and proper person to hold a licence; or
(b) has contravened a condition of the licence; or
(c) is uncontactable.
Note: The mandatory fit and proper person considerations are set out in section 13B.
(2) A licensee is uncontactable if, and only if, the Minister has made 2 or more reasonable attempts to contact the licensee during a period of 6 months ending immediately before the decision to suspend the licence, but has not been able to contact the licensee.
Suspension notices
(3) The Minister must give the licensee written notice of the suspension (the suspension notice ) specifying:
(a) the reasons for the suspension; and
(b) the day the suspension takes effect; and
(c) either or both of the following:
(i) the actions the licensee must take for the suspension to end;
(ii) a fixed period for the suspension.
Effect of suspension
(4) While suspended, the licence does not allow the licensee to carry out any activity that the licence would otherwise allow. However, the licence remains in force despite the suspension.
Suspension notices specifying required actions
(5) If the suspension notice specifies actions the licensee must take for the suspension to end, the Minister must give written notice to the licensee when satisfied that the licensee has taken the specified actions.
When a suspension ends
(6) The suspension ends in accordance with the following table:
When the suspension of a licence ends | ||
Item | Column 1 If the suspension notice specifies ... | Column 2 the suspension ends ... |
1 | actions the licensee must take for the suspension to end | at the start of the day the Minister gives notice under subsection (5), subject to item 3 |
2 | a fixed period for the suspension | immediately after the end of the fixed period, subject to item 3 |
3 | both: (a) actions the licensee must take for the suspension to end; and (b) a fixed period for the suspension | at the later of the following times: (a) the start of the day the Minister gives a notice under subsection (5); (b) immediately after the end of the fixed period |
Variation and revocation
(7) The Minister may, by written notice given to the licensee, do either of the following if the Minister considers it appropriate to do so:
(a) vary the suspension notice;
(b) revoke the suspension.