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AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 122 Lapsing or continuation of suspension

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 122

Lapsing or continuation of suspension

    (1)     A suspension under this Division lapses if within the required period after the service of the notice—

        (a)     an application is not made to VCAT under a business licensing Act to inquire into the conduct of the licensee that is the subject of the notice; or

        (b)     proceedings have not commenced in a court in relation to the conduct of the licensee that is the subject of the notice.

    (2)     If within the required period after the service of the notice—

        (a)     an application is made to VCAT under a business licensing Act to inquire into the conduct of the licensee that is the subject of the notice; or

        (b)     proceedings are commenced in a court in relation to the conduct of the licensee that is the subject of the notice—

the suspension continues until a further order is made by VCAT or the court.

    (3)     If a suspension lapses under this section after service of a notice, the Director must not serve another notice on the licensee under this Division for a period of 6 months from the date of service of the first notice.

    (4)     The power conferred by this Division is in addition to and does not limit or displace a power conferred on the Director or any other person or body by or under a business licensing Act to suspend or cancel a licence or to take action against a licensee in respect of the conduct concerned.

    (5)     In this section "required period" means—

        (a)     14 days; or

        (b)     if VCAT or a court makes an order under section 123 extending that period, that extended period.