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s 45

Cancellation of licence on death of licensee or dissolution etc of corporation

In force
Part 4Licences generally

45 Cancellation of licence on death of licensee or dissolution etc of corporation

(1)

The commission must cancel a licence that is held—

(a)

by an individual if the individual dies; or

(b)

by a corporation if the corporation is wound up or dissolved.

(2)

If the commission is satisfied that a licence was cancelled under this section in error, the commission must reissue the licence.

Note Under pt 10 (Notification and review of decisions), a decision not to reissue a licence may, on application, be reconsidered by the commission and reviewed by the ACAT.

(3)

However, the commission need not reissue a licence under subsection (2) if the commission is satisfied that, if the licence had not been cancelled under this section—

(a)

the licence would, for any reason, no longer be in force; or

(b)

the commission would, under another provision of this Act—

(i)

be required to cancel the licence; or

(ii)

have grounds for cancelling, and would exercise the power to cancel, the licence.

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