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LAND ACT 1958 - SECT 140Q Cancellation of tour operator licence

LAND ACT 1958 - SECT 140Q

Cancellation of tour operator licence

    (1)     The Minister or a person authorised by the Minister may cancel a tour operator licence if the Minister or authorised person is satisfied, on reasonable grounds, that—

        (a)     the holder of the licence has been found guilty of an offence against this Act or the regulations; or

        (b)     the holder of the licence has contravened a condition of the licence.

    (2)     Before cancelling a tour operator licence, the Minister or a person authorised by the Minister must—

        (a)     notify the holder that he or she proposes to cancel the licence; and

        (b)     allow the holder of the licence an opportunity to make either oral or written submissions.

    (3)     Submissions under subsection (2) must be made within the period specified in the notice.

    (4)     In making a decision as to whether or not to cancel a licence, the Minister or authorised person must—

        (a)     have regard to any submissions made under subsection (2) within the period specified in the notice; and

        (b)     must notify the holder of his or her decision.

    (5)     The cancellation of a licence has effect from the time specified in the notice of the Minister or authorised person's decision under subsection (4), which must be after the day on which the notice is given.

S. 140Q(6) inserted by No. 42/2021 s. 94.

    (6)     On and from 1 July 2023, in relation to land in the Great Ocean Road coast and parks, a reference to the Minister or a person authorised by the Minister in this section is a reference to the Great Ocean Road Coast and Parks Authority, regardless of whether or not the Great Ocean Road Coast and Parks Authority has been appointed as land manager.

Heading preceding s. 141 substituted by No. 12/2016 s. 15.

Bee site licences

Nos 3709 s. 132, 4273 s. 10.

S. 141 amended by Nos 8461 s. 29(a), 96/1994 s. 33(a), substituted by No. 12/2016 s. 16.