AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 120 Director may suspend licence

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 120

    (1)     Despite anything to the contrary in a business licensing Act or any other Act or law other than this Division, the Director may suspend a licence by notice in writing issued to the licensee.

    (2)     The Director may only suspend a licence under this section if the Director has reasonable grounds to believe that—

        (a)     the licensee has engaged in conduct that under the relevant business licensing Act would constitute grounds for the initiation of disciplinary action against the licensee or the bringing of proceedings for an offence or for an injunction; and

        (b)     it is likely that the licensee will continue to engage in that conduct; and

        (c)     there is a danger that a person may suffer substantial harm, loss or damage as a result of that conduct unless action is taken urgently.

    (3)     A notice under subsection (1)—

        (a)     must be served—

              (i)     personally on a licensee who is a natural person; or

              (ii)     at the registered office and the last known business address of a licensee that is a corporation; or

              (iii)     at the last known business address of a licensee that is a body corporate, other than a corporation;

        (b)     must specify the conduct which the licensee is believed to have engaged in;

        (c)     must state the rights of review open to the licensee;

        (d)     has effect, whether or not the licensee has been afforded an opportunity to be heard on the matter.

    (4)     Despite subsection (3)(a)(i), if, on the application of the Director, it appears to VCAT that service cannot be promptly effected on a licensee who is a natural person, VCAT may order that the notice be served—

        (a)     by sending it by post, facsimile or other electronic transmission to the person at his or her usual or last known residential or business address; or

        (b)     by leaving it at the person's usual or last known residential or business address with a person on the premises who is apparently at least 16 years old and apparently residing or employed there.

    (5)     The suspension takes effect on the service of the notice.