Victorian Consolidated Legislation

Prostitution Control Act 1994 - SECT 48

Disciplinary action against licensee

48. Disciplinary action against licensee





(1) The Director, the Chief Commissioner of Police or an authorised officer of
the responsible authority may apply at any time to the Tribunal to conduct an
inquiry to determine whether there are grounds for taking action under section
48A against a licensee.



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(3) There are grounds for taking action under section 48A if the Tribunal is
satisfied that-

   (a)  any use or development of land for the purposes of the licensed
        business is or was in contravention of a condition of a permit granted
        under the Planning and Environment Act 1987; or

   (b)  the licensee has been convicted or found guilty of any offence against
        this Act or the regulations; or

   (c)  the licensee has been convicted or found guilty of an offence against
        the regulations made under section 146 of the Health Act 1958; or

   (d)  the licensed business has been managed in such a way that it is
        desirable that action should be taken against the licensee; or

   (da) the licensee has, at any time after the commencement of section 14 of
        the Prostitution Control (Amendment) Act 1999, knowingly or recklessly
        permitted the involvement in the management or operation of the
        licensed business of a person who, within the preceding 5 years, had
        been convicted or found guilty of an offence which the Authority could
        reasonably treat as a disqualifying offence if the person were an
        applicant for a licence; or

   (e)  an offence under the Drugs, Poisons and Controlled Substances Act 1981
        or an indictable offence punishable by imprisonment for 12 months or
        more has been committed on premises at which the licensee is carrying
        on business as a prostitution service provider; or

   (f)  the licensee has been charged with any offence referred to in-

   (i)  section 47(1)(a), (b) or (c); or

   (ii) paragraph (b), (c) or (e) of this subsection; or

   (iii) Schedule 3; or

   (g)  the licensee has contravened this Act or the regulations.



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(5) If an application for a disciplinary inquiry is made, an inquiry must not
start within 30 days of when the application for the inquiry is made unless-

   (a)  the person who made the application or the licensee applies to the
        Tribunal for the inquiry to be started within that time; and

   (b)  the Tribunal is satisfied that there are exceptional circumstances.