SECURITY AND RELATED ACTIVITIES (CONTROL) ACT 1996 - SECT 67A
SECURITY AND RELATED ACTIVITIES (CONTROL) ACT 1996 - SECT 67A
67A . Summary power to revoke and suspend licences
(1) If the
Commissioner —
(a) is
of the opinion that the safety or welfare of members of the public is or may
be at risk from the continuance in force of a licence; or
(b) is
satisfied that a licensee is a prohibited person,
the Commissioner must
give to the licensee written notice of the revocation of the licence or, if
paragraph (b) is applicable, of every licence held by the licensee —
(c)
stating the grounds on which the revocation is, or revocations are, made; and
(d) in
the case of the grounds set out in paragraph (a), advising that the
Commissioner will refer the matter to the State Administrative Tribunal within
14 days of the making of the notice,
and the licence, or
licences, held by the licensee are revoked when the notice is received by the
licensee.
(2) If the
Commissioner is satisfied that —
(a) a
security officer whose licence is endorsed under section 24 has, without
reasonable excuse, refused or failed to undergo a prescribed medical
examination or in any way obstructed the examination; or
(b) a
licensee has, without reasonable excuse, refused or failed to comply with a
request made under section 68A(2); or
(c)
there is a charge pending in relation to a licensee for a disqualifying
offence and that no extenuating circumstances exist,
the Commissioner must
give to the licensee written notice of the suspension of every licence held by
the licensee —
(d)
stating that the licence is, or licences are, suspended under this subsection
and —
(i)
if the suspension is, or suspensions are, under paragraph
(a), giving details of the prescribed medical examination; or
(ii)
if the suspension is, or suspensions are, under paragraph
(b), giving details of the request made under section 68A(2); or
(iii)
if the suspension is, or suspensions are, under paragraph
(c), referring to the charge on which the decision was based;
and
(e)
stating —
(i)
the period of time for which the licence, or licences,
are suspended; or
(ii)
that the suspension is, or suspensions are, until the
occurrence of a specified event;
and
(f)
advising that the Commissioner will refer the matter to the State
Administrative Tribunal within 14 days of the making of the notice,
and the licence is, or
licences are, suspended when the notice is received by the licensee.
(3) If a licence is
revoked or suspended under subsection (1)(a) or (2), the Commissioner may
also, in the notice of revocation, disqualify the licensee from holding
—
(a) a
licence, or a licence of a particular type or class; or
(b) a
licence, or a licence of a particular type or class, that is endorsed under
section 24 or 26,
from when the notice
is received by the licensee until such time as is specified in the notice,
being a period not exceeding 3 years.
(4) Within 14 days of
a notice being given under subsection (1)(a) or (2) the Commissioner must
—
(a)
refer the matter in respect of which the notice was given to the State
Administrative Tribunal; and
(b)
ensure that any other proceedings under this Division in respect of the matter
commenced before the notice was given are discontinued.
(5) For the purposes
of subsections (1) and (2), if a notice is sent by post to the address for
service provided by the person under section 47(2), it is to be presumed,
unless the contrary is shown, to have been received by the person at the time
when, in the ordinary course of events, it would have been delivered.
[Section 67A inserted: No. 4 of 2008 s. 47.]