Victorian Consolidated Legislation

Business Licensing Authority Act 1998 - SECT 23

Lapsing or continuation of suspension

23. Lapsing or continuation of suspension



(1) A suspension under this Part lapses if within the required period after
the service of the notice-

   (a)  an application is not made to the Tribunal under a business licensing
        Act to inquire into the conduct of the licensee that is the subject of
        the notice; or

   (b)  proceedings have not commenced in a court in relation to the conduct
        of the licensee that is the subject of the notice.

(2) If within the required period after the service of the notice-

   (a)  an application is made to the Tribunal under a business licensing Act
        to inquire into the conduct of the licensee that is the subject of the
        notice; or

   (b)  proceedings are commenced in a court in relation to the conduct of the
        licensee that is the subject of the notice-

the suspension continues until a further order is made by the Tribunal or the
court.

(3) If a suspension lapses under this section after service of a notice, the
Authority must not serve another notice on the licensee under this Part for a
period of 6 months from the date of service of the first notice.

(4) The power conferred by this Part is in addition to and does not limit or
displace a power conferred on the Authority or any other person or body by or
under a business licensing Act to suspend or cancel a licence or to take
action against a licensee in respect of the conduct concerned.





(5) In this section required period means-

   (a)  14 days; or

   (b)  if the Tribunal or a court makes an order under section 24 extending
        that period, that extended period.