Victorian Consolidated Legislation

Prostitution Control Act 1994 - SECT 48A

Disciplinary powers of Tribunal

48A. Disciplinary powers of Tribunal





(1) In addition to any other powers of the Tribunal under this Act it may, if
satisfied that there are grounds for taking action against a licensee under
this section, by order do one or more of the following-

   (a)  reprimand the licensee;



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   (c)  order the licensee to pay into the Fund a penalty not exceeding an
        amount that is 600 times the value of a penalty unit fixed by the
        Treasurer under section 5(3) of the Monetary Units Act 2004;

   (d)  impose any condition or restriction on the licence;

   (e)  require the licensee to enter into an undertaking to perform, or not
        to perform, certain tasks to be specified in the undertaking;

   (f)  require the licensee to comply within, or for, a specified time with a
        requirement specified by the Tribunal;

   (g)  cancel the licence or suspend the licence for a specified period not
        exceeding one year;



   (h)  order that the licensee be ineligible to hold a licence or be an
        approved manager either permanently or temporarily.

(2) Despite anything to the contrary in subsection (1), the only action that
the Tribunal may take solely on the ground set out in section 48(3)(f) is to
suspend the licence.

(3) If the Tribunal orders the payment of an amount under subsection (1)(c)-

   (a)  it may order that the amount be paid by a specified date; and

   (b)  if the amount is not paid by that date, it may suspend the licence
        until the amount is paid and set a final payment date; and

   (c)  if the amount has not been paid by that final date, it may cancel the
        licence; and

   (d)  it may extend any period of time it sets under paragraph (a) or (b) at
        any time.

(4) The Tribunal may suspend or cancel a licence under subsection (3) without
giving the licensee a chance to be heard.

(5) Subject to subsection (6), a suspension imposed on a licensee under
subsection (1) solely on the ground set out in section 48(3)(f) remains in
force until the licence-

   (a)  is surrendered; or

   (b)  is cancelled.





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(6) The Tribunal must immediately remove a suspension referred to in
subsection (5) if-

   (a)  the charge is withdrawn; or

   (b)  the licensee is not found guilty of the offence on the hearing and
        determination of the charge; or

   (c)  any finding of guilt made, and any conviction recorded, on the hearing
        and determination of the charge is set aside on appeal.

(7) The cancellation or suspension of a licence has no effect on any permit in
force under the Planning and Environment Act 1987 for a use or development of
land for the purposes of the licensed business or on any action which might be
taken under that or any other Act or law in respect of a contravention of a
condition of such a permit.

Division 5-Approved managers