Northern Territory Consolidated Acts

ANIMAL WELFARE ACT - SECT 38

(1) If the Authority believes on reasonable grounds that it is desirable in the interests of animal welfare to cancel or suspend a licence, it may do so in accordance with this section.

(2) The reasonable grounds on which a licence may be cancelled or suspended include the following:

(a) that the licensee has been found guilty of an offence under this Act;

(b) that the Authority believes on reasonable grounds that the licensee -

(i) obtained the licence improperly;

(ii) has failed to comply with a condition of the licence; or

(iii) is not a fit and proper person to continue holding the licence.

(3) The Authority must give the licensee a written notice stating -

(a) that the Authority proposes to cancel or suspend the licence;

(b) in the case of a proposed cancellation - the date on which the cancellation will come into effect;

(c) in the case of a proposed suspension - the period of the suspension and the conditions the licensee must comply with to avoid cancellation of the licence;

(d) the interests of animal welfare to be protected by the cancellation or suspension;

(e) the facts and circumstances on which the Authority's reasonable grounds of belief are based; and

(f) that the licensee may show cause in writing, within the period specified in the notice, why the licence should not be cancelled or suspended.

(4) If, after the expiry of the period specified in the notice and consideration of the licensee's representations, the Authority is of the opinion that in the interests of animal welfare it is desirable to do so, the Authority may -

(a) in the case of a proposed cancellation - cancel the licence or suspend the licence for the period and on the conditions that the Authority considers appropriate; or

(b) in the case of a proposed suspension - suspend the licence for the period and on the conditions it considers appropriate.

(5) The Authority must give the licensee written notice of a cancellation or suspension.

(6) A reference in this section to a licensee includes a reference to the following:

(a) if the licensee is a body corporate - an officer of the body;

(b) if the licence is held for the purposes of a partnership - each partner.