Fair Trading Act 1987

In this section, licence means any licence, permit or other authority granted or issued (whether before or after the commencement of this section) under any legislation administered by the Minister, and licensee means the holder of the licence, permit or authority.

If the Secretary is of the opinion that there are reasonable grounds to believe that—

a licensee has engaged in conduct that, under legislation administered by the Minister, constitutes grounds for suspension or cancellation of the licence, and

it is likely that the licensee will continue to engage in that conduct, and

there is a danger that a person or persons may suffer significant harm, or significant loss or damage, as a result of that conduct unless action is taken urgently,

A notice under subsection (2) has effect according to its terms, whether or not the licensee has been afforded an opportunity to be heard as to whether the licence should be suspended.

Within 7 days after a licence has been suspended under this section, the licensee must—

lodge the suspended licence at an office of the Department, or

if unable to lodge the suspended licence, lodge at an office of the Department a statement signed by the licensee and providing accurate and complete details of why the licence cannot be lodged.

If, during the suspension of a licence under this section, the Secretary is satisfied that the facts and circumstances that gave rise to the suspension have so altered that the suspension should be terminated, it is the duty of the Secretary, by further notice specifying the date of termination, to terminate the suspension without delay and restore the licence to the licensee.

Without affecting the generality of subsection (2)—

a second or subsequent notice may be served on a licensee under that subsection in respect of conduct of the kind to which that subsection refers, and

any such notice may be served during a period of suspension of the licence concerned.

This section has effect despite the provisions of any other Act, and the power conferred by this section is in addition to, and does not limit or displace, a power conferred by or under any other Act that authorises the Secretary or any other person to suspend or cancel a licence or take other action in respect of a licence or in respect of the conduct concerned.

A licensee may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of a decision of the Secretary under this section.