TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 37
Cancellation
TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 37
Cancellation
37 Cancellation
(1) The chief executive may cancel a retail or wholesale licence if the chief
executive reasonably believes— (a) any of the disciplinary grounds mentioned
in section 36 (1) (a) to (g) apply in relation to the licence; or
(b) the
licensee is not a fit and proper person to be a licensee; or
(c) if the
licensee is a partnership—1 or more partners is not a fit and proper person
to be a licensee; or
(d) the licensee is placed in administration, is wound
up or is deregistered under the Corporations Act .
(2) Before cancelling the
retail or wholesale licence, the chief executive must give the licensee a
notice (a
"show cause notice" ) stating— (a) the chief executive proposes to cancel
the retail or wholesale licence; and
(b) the disciplinary grounds for the
proposed cancellation; and
(c) the acts, omissions or circumstances that
constitute the stated disciplinary grounds; and
(d) that the licensee may,
within 28 days after being given the notice, give the chief executive a
written response to the notice.
(3) After considering all responses to the
show cause notice complying with subsection (2) (d) , the chief executive
must— (a) decide to— (i) take no further action; or
(ii) suspend or
cancel the retail or wholesale licence; and
(b) give the licensee notice of
the decision.
(4) If the decision is to suspend or cancel the retail or
wholesale licence, the notice must be an information notice.
(5) The
suspension or cancellation— (a) takes effect on the day stated in the
information notice; and
(b) for a suspension—continues for the period of
not more than 90 days as stated in the information notice.
(6) The day stated
in the information notice must be after the day the notice is given to the
licensee.
