TATTOO PARLOURS ACT 2012 - SECT 26 Cancellation of licence

TATTOO PARLOURS ACT 2012 - SECT 26

26 Cancellation of licence

(1) The Secretary must cancel a licence if--

(a) the licensee or a close associate of the licensee has failed to comply with a requirement of a notice under section 19A and the Secretary has been notified by the Commissioner of that failure, or

(b) an adverse security determination is made by the Commissioner about the licensee.

Note : Section 27 of the Crimes (Criminal Organisations Control) Act 2012 provides for the automatic revocation of a licence if an interim control order made with respect to a licensee is confirmed under that Act.

(2) The Secretary may cancel a licence--

(a) if the Secretary is satisfied that the licensee has--

(i) supplied information which was (to the licensee's knowledge) false or misleading in a material particular in, or in connection with, the application for the licence, or

(ii) contravened any provision of this Act or the regulations (whether or not the licensee has been convicted of an offence for the contravention), or

(iii) contravened a condition of the licence, or

(a1) if, within 60 days of being notified of the grant or renewal of the licence, the licensee fails to collect the licence from the place nominated by the Secretary, or

(b) in such other circumstances as may be prescribed by the regulations.

(3) Except in the case of a licence that is cancelled because of an adverse security determination made by the Commissioner about the licensee or on the ground referred to in subsection (2) (a1), the Secretary may not cancel a licence without first--

(a) suspending the licence, and

(b) considering any reasons provided by the licensee under section 25 as to why the licence should not be cancelled.

(4) The Secretary may cancel a licence by serving the licensee with a written notice stating that the licence is cancelled and (subject to section 20) the reasons for cancelling it.

(5) The cancellation of a licence by such a notice takes effect when the notice is served or on a later date specified in the notice.

(6) The Secretary may, by serving a further written notice on the licensee, revoke a notice cancelling a licence before the notice takes effect.

(7) A licensee must return a licence that has been cancelled to the Secretary in the period specified by the Secretary in the notice cancelling the licence if the licence has not previously been returned.

Maximum penalty (subsection (7)): 20 penalty units.