SECURITY AND RELATED ACTIVITIES (CONTROL) ACT 1996 - SECT 81

SECURITY AND RELATED ACTIVITIES (CONTROL) ACT 1996 - SECT 81

81 .         Licence may be revoked

        (1)         The Commissioner may, by written notice to a licensee, revoke a licence if —

            (a)         the licensee fails without lawful excuse to comply with a direction under section 80; or

            (b)         a sample of blood or urine given by the licensee following a direction under section 80 is found on analysis to be a non-complying sample, within the meaning in the regulations, for the purposes of this section.

        (2)         If a licence is revoked under subsection (1), 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,

                for a period not exceeding 3 years.

        (2a)         Before taking action under this section, the Commissioner must —

            (a)         give the licensee written notice of the intention to take the action, stating the grounds on which the action is intended to be made and allowing the licensee 21 days within which to respond to the notice; and

            (b)         give due regard to any response to the notice within that time.

        (2b)         The Commissioner is to give to the licensee written notice of the revocation, and if relevant the disqualification, at least 14 days before the revocation is to take effect —

            (a)         stating the grounds on which the action is taken; and

            (b)         stating when the revocation is to take effect; and

            (c)         advising that the matter will be referred to the State Administrative Tribunal within 14 days of the making of the notice.

        (2c)         Within 14 days of a notice of the revocation of a licence being given under this section the Commissioner must refer the matter in respect of which the notice was given to the State Administrative Tribunal.

        (3)         Nothing in this section limits the power of the Commissioner to give to the licensee a written notice of revocation under section 67A(1).

        [Section 81 amended: No. 55 of 2004 s. 1078; No. 4 of 2008 s. 61.]