New South Wales Consolidated Acts

APIARIES ACT 1985 - SECT 12

12 Cancellation of registration

(1) Subject to subsection (2), where:

(a) the Director-General becomes aware that a registered beekeeper has died or, in the case of a beekeeper that is a corporation, that the corporation has been dissolved, or

(b) a registered beekeeper has surrendered the beekeeper’s certificate of registration with a request in writing that the registration of the beekeeper be cancelled,

the Director-General may cancel the registration of the beekeeper.

(2) Subsection (1) does not empower the Director-General to cancel the registration of a deceased beekeeper while the executor or administrator of the estate of the beekeeper is continuing, pursuant to section 6 (4), to keep the bees belonging to the estate of the beekeeper.

(3) Where the Director-General is satisfied on reasonable grounds that a person, whether a natural person or a corporation, registered as a beekeeper:

(a) is contravening or failing to comply with, or has contravened or failed to comply with, a prescribed condition or restriction that is applicable to that person,

(b) is contravening or has contravened a prohibition imposed under section 18 or has failed to comply with a direction given by the Director-General under that section,

(c) is contravening or has contravened a prohibition contained in an order that is in force under section 19, 23 or 26,

(d) has refused or failed to comply with a direction given to or a requirement made of that person by an inspector under section 24 or 25, or

(e) has, during the immediately preceding period of 5 years, been found guilty on 2 or more occasions of an offence, or of different offences, under this Act, the repealed Act, or a prescribed law of another State, or of a Territory, of the Commonwealth corresponding to this Act, or under any combination of the foregoing,

the Director-General may, subject to subsection (9), cancel the registration of that person as a beekeeper and may also, subject to that subsection:

(f) where that person is a natural person, declare that person to be disqualified from being registered as a beekeeper and from being a director of a corporation that is so registered, or

(g) where that person is a corporation, declare that corporation to be disqualified from being registered as a beekeeper and any specified director of the corporation to be disqualified from being so registered and from being a director of a corporation that is so registered,

for a period not exceeding 5 years.

(4) Where a registered beekeeper, being a corporation, appoints a disqualified person as a director of the corporation, the Director-General may, subject to subsection (9), cancel the registration of that corporation as a beekeeper.

(5) Where, but for this subsection, the registration of a corporation would be liable to be cancelled under subsection (3) and the Director-General is satisfied on reasonable grounds that that liability arose because of the acts or defaults of a person who is no longer a director of the corporation, the Director-General may, instead of taking action under subsection (3), declare that person to be disqualified from being registered as a beekeeper, and from being a director of a corporation that is so registered, for a period not exceeding 5 years.

(6) Where the Director-General cancels the registration of a person under subsection (3) or (4) or declares a person to be disqualified under subsection (3) or (5), the Director-General shall forthwith serve on that person a notice of the cancellation or declaration and shall specify in the notice the reasons for the cancellation or declaration.

(7) Where a person is served under subsection (5) with a notice to the effect that that person’s registration has been cancelled, the person shall, within 7 days after the service of the notice, surrender that person’s certificate of registration to the Director-General who shall, on receiving the certificate, cancel it.

(8) Any person who, without reasonable excuse, fails to surrender a certificate of registration as required by subsection (7) is guilty of an offence and liable on conviction to a penalty not exceeding 10 penalty units.

(9) The registration of a person shall not be cancelled under subsection (3) or (4), nor shall a declaration disqualifying a person be made under subsection (3) or (5), unless the Director-General has first afforded that person an opportunity to appear and make representations at a hearing held by the Director-General to determine whether or not that registration should be cancelled or such a declaration should be made.

(10) When holding a hearing for the purposes of subsection (9), the Director-General:

(a) may conduct the hearing in such manner as the Director-General considers appropriate,

(b) is not bound to observe rules of law governing the admission of evidence but may inform himself or herself of any matter in such manner as the Director-General considers appropriate,

(c) may call and receive evidence as to any matter relevant to the hearing, and

(d) may, from time to time as the Director-General considers appropriate, adjourn the hearing.

(11) A decision of the Director-General under subsection (3) or (5) does not take effect:

(a) until the period prescribed by or under the Administrative Decisions Tribunal Act 1997 within which an application to the Administrative Decisions Tribunal may be made has expired, or

(b) if any such application is made within that period, until the application is determined or is withdrawn.