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WILDLIFE ACT 1975 - SECT 25D Power of Secretary to cancel certain licences

WILDLIFE ACT 1975 - SECT 25D

Power of Secretary to cancel certain licences

S. 25D(1) amended by Nos 40/2009 s. 44, 24/2014 s. 39(2).

    (1)     The Secretary may cancel a wildlife licence (other than a wildlife licence in respect of specified birds) if the Secretary is satisfied, on reasonable grounds, that—

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

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

    (2)     Before cancelling a licence the Secretary 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 Secretary 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)     A cancellation under this section has effect from the time specified in the notice of the Secretary's decision under subsection (4), which must be after the day on which the notice is given.

S. 25D(6) amended by No. 24/2014 s. 39(3).

    (6)     Any wildlife (other than specified birds) held under a licence which has been cancelled under this section must be disposed of in accordance with the directions of the Secretary.

S. 25DA inserted by No. 24/2014 s. 40.