SECURITY PROVIDERS ACT 1993 - SECT 22 Procedure for suspension, cancellation or refusal to renew

SECURITY PROVIDERS ACT 1993 - SECT 22

22 Procedure for suspension, cancellation or refusal to renew

(1) If the chief executive considers that reasonable grounds exist to suspend, cancel or refuse to renew a licence (the
"action" ), the chief executive must give the licensee a written notice (the
"show cause notice" ) that—

(a) states the action proposed; and

(b) states the grounds for proposing to take the action; and

(c) outlines the facts and circumstances that form the basis for the chief executive’s belief; and

(d) if the chief executive proposes to suspend the licence—states the proposed suspension period; and

(e) invites the licensee to show cause within a specified time, of not less than 28 days, why the action proposed should not be taken.

(2) If, after considering all representations made within the specified time, the chief executive still believes that grounds to take the action exist, the chief executive may—

(a) if the show cause notice was a notice of intention to suspend the licence for a specified period—suspend the licence for a period not longer than the specified period; or

(b) if the show cause notice was a notice of intention to cancel the licence—

(i) cancel the licence; or

(ii) suspend the licence for a period; or

(c) if the show cause notice was a notice of intention not to renew the licence—

(i) refuse to renew the licence; or

(ii) refuse to renew the license for a period.

(3) The chief executive must, by written notice, inform—

(a) generally—a licensee of a decision to cancel, suspend or refuse to renew the licensee’s licence; or

(b) for a licensee mentioned in subsection (1) —the licensee of a decision not to take the action.

(4) If the chief executive decides to cancel, suspend or refuse to renew the licence, the notice must be a QCAT information notice for the decision.

(5) The decision takes effect on the later of the following—

(a) the day on which the notice is given to the licensee;

(b) the day specified in the notice.