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s 42

Taking regulatory action

In force
Part 6Regulatory action

42 Taking regulatory action

(1)

This section applies if the commissioner, after complying with section 41, is satisfied on reasonable grounds that it is appropriate to take the regulatory action.

(2)

The commissioner may—

(a)

if the proposed regulatory action is imposing or amending a condition on a licence—impose or amend the condition; or

(b)

if the proposed regulatory action is suspending a licence—take any of the following action:

(i)

the action mentioned in paragraph (a);

(ii)

suspend the licence for a period; or

(c)

if the proposed regulatory action is disqualifying a licensee from applying for a further licence—take any of the following action:

(i)

the action mentioned in paragraph (b);

(ii)

disqualify the licensee from applying for a further licence for a period; or

(d)

if the proposed regulatory action is cancelling a licence—take any of the following action:

(i)

the action mentioned in paragraph (c);

(ii)

cancel the licence.

Note A decision under this subsection is a reviewable decision (see s 71).

(3)

Before taking regulatory action against a licensee under this section, the commissioner must tell the licensee, by written notice (a notice of regulatory action)—

(a)

the regulatory action that will be taken; and

(b)

the day on which the regulatory action takes effect.

(4)

Regulatory action against the licensee takes effect on the day stated in the notice of regulatory action.

(5)

In this section:

proposed regulatory action, in relation to a licensee, means regulatory action mentioned in a show cause notice given to the person under section 41 (1).

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