Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
19. (1) The Authority may, by notice in writing, require the licensee to show cause why the licence should not be suspended or cancelled on one of the following grounds:
(a) that the licensee has been convicted of an offence against this Act or a corresponding law;
(b) that the licensee has failed to comply with a condition to which the licence is subject;
(c) that there is a reasonable alternative to the ozone depleting substance to which the licence relates;
(d) that the storage or other equipment used in relation to the ozone depleting substance fails to meet the prescribed standards of design and operation of, and of permissible emissions by, such equipment;
(e) where the licence has been granted pursuant to subsection 14 (2) - that the licensee is no longer a fit and proper person to hold the licence.
(2) A notice shall—
(a) contain particulars of the facts or circumstances on which the Authority has formed the opinion that the ground specified in the notice exists; and
(b) specify a period of not less than 14 days and not more than 28 days after the date of service of the notice within which the licensee is required to show cause to the Authority why the licence should not be suspended or cancelled.
(3) A licensee who receives a notice may apply for an extension of the period within which the licensee is required to show cause and such application may be made notwithstanding that the period the extension of which is sought has expired.
(4) The Authority may, on receiving an application under subsection (3), extend the period by not more than 28 days.
(5) After the expiry of the period specified in a notice under subsection (1) or any extension of that period, the Authority may—
(a) fix a time and place for an inquiry into the proposed suspension or cancellation and shall give notice in writing of the time and place of that inquiry to the licensee;
(b) remove any suspension imposed under section 20 and make a decision not to suspend or cancel the licence; or
(c) where no cause to the contrary has been shown—suspend or cancel the licence.
(6) If, on holding an inquiry in accordance with paragraph (5) (a), the Authority is satisfied that the ground specified in the notice exists, the Authority may suspend or cancel the licence.
(7) A suspension under paragraph (5) (c) or subsection (6) has effect—
(a) in the case of suspension on a ground specified in paragraph (1) (b) or (d)—until such time as the ground no longer exists; or
(b) in any other case—for such period as the Authority considers appropriate having regard to the circumstances of the case.
(8) Cancellation of a licence takes effect on the date on which notice of the cancellation is served on the licensee.
(9) A licence is not to be taken to be in force during any period for which it is suspended.