Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Governor may
cancel a licence if he or she is satisfied that the
licensee —
(a) has
failed to comply with the condition imposed by section 32 or is otherwise
in default as defined in subsection (2);
(b) in
the case of a company, is an externally administered corporation within the
meaning of the Corporations Act 2001 of the Commonwealth; or
(c) has
within a period of 12 months been convicted of more than 3 offences for
which the prescribed punishment is a fine of $10 000 or more or
imprisonment for 12 months or more.
(2) For the purposes
of subsection (1)(a) a licensee is in default if the Governor is
satisfied that —
(a) the
licensee has failed to comply with a term or condition of the licence, other
than that imposed by section 32;
(b) the
failure is material in terms of the operation of the licence as a whole;
(c) the
Minister has given to the licensee written notice of the failure and the fact
that in the Minister’s opinion paragraph (b) applies to it; and
(d) the
licensee has not, within the time specified in the notice, either remedied the
failure or shown cause why the licence should not be cancelled.
(3) If a licence is
cancelled under this section the Authority must ensure that notice of the
cancellation is published in the Government Gazette .
(4) Regulations may be
made under section 61 providing, in the event of a licence being
cancelled, for —
(a) the
vesting of assets and rights of the former licensee in a person (including the
Minister as a corporation) for the purpose of enabling water services to be
provided after the cancellation;
(b) the
conferral of powers and duties for that purpose;
(c) the
discharge or assignment of liabilities;
(d) the
disposal of property; and
(e) all
matters that are necessary or convenient for dealing with the consequences of
the cancellation and the vesting referred to in paragraph (a).
[Section 42 amended by No. 10 of 2001
s. 220; No. 67 of 2003 s. 62.]
[ 43. Deleted by No. 67 of 2003 s. 62.]
[Heading inserted by No. 55 of 2004 s. 1299.]