Victorian Consolidated Legislation

Business Licensing Authority Act 1998 - SECT 21

Authority may suspend licence

21. Authority may suspend licence



(1) Despite anything to the contrary in a business licensing Act or any other
Act or law other than this Part, the Authority may suspend a licence by notice
in writing issued to the licensee.

(2) The Authority may only suspend a licence under this section if the
Authority has reasonable grounds to believe that-

   (a)  the licensee has engaged in conduct that under the relevant business
        licensing Act would constitute grounds for the initiation of
        disciplinary action against the licensee or the bringing of
        proceedings for an offence or for an injunction; and

   (b)  it is likely that the licensee will continue to engage in that
        conduct; and

   (c)  there is a danger that a person may suffer substantial harm, loss or
        damage as a result of that conduct unless action is taken urgently.

(3) A notice under subsection (1)-

   (a)  must be served-

   (i)  personally on a licensee who is a natural person; or

   (ii) at the registered office and the last known business address of a
        licensee that is a corporation; or

   (iii) at the last known business address of a licensee that is a body
        corporate, other than a corporation;

   (b)  must specify the conduct which the licensee is believed to have
        engaged in;

   (c)  must state the rights of review open to the licensee;

   (d)  has effect, whether or not the licensee has been afforded an
        opportunity to be heard on the matter.

(4) Despite subsection (3)(a)(i), if, on the application of the Authority, it
appears to the Tribunal that service cannot be promptly effected on a licensee
who is a natural person, the Tribunal may order that the notice be served-

   (a)  by sending it by post, facsimile or other electronic transmission to
        the person at his or her usual or last known residential or business
        address; or



   (b)  by leaving it at the person's usual or last known residential or
        business address with a person on the premises who is apparently at
        least 16 years old and apparently residing or employed there.

(5) The suspension takes effect on the service of the notice.