Applications for disciplinary action or decisions to take disciplinary action
8HB Applications for disciplinary action or decisions to take disciplinary action
(1) The following are grounds for taking disciplinary action against a holder of a licence under this Act:
breach of the Act;
breach of the rules.
(2) The Commissioner of Police may, by written notice lodged with the Registrar, apply for disciplinary action to be taken against the licence holder on one or more of the grounds referred to in subsection (1).
(3) The Registrar may, by written notice, apply for disciplinary action to be taken against the licence holder on one or more of the grounds referred to in subsection (1).
(4) Any other person may, by written notice lodged with the Registrar, apply for disciplinary action to be taken against the licence holder on one or more of the grounds referred to in subsection (1).
(5) When the Registrar receives an application under subsection (2) or (4) or makes an application under subsection (3), the Registrar must report to the Board as soon as practical.
(6) The Board must hold an inquiry into the conduct of a licence holder if:
an application is made under subsection (2), (3) or (4); or
(b) the Board independently considers there may be grounds for disciplinary action to be taken against the licence holder.
(7) The Board may, without holding an inquiry, reject an application for disciplinary action to be taken against a licence holder if:
(a) the application is made by a person mentioned in subsection (4) and, in the opinion of the Board, is of a frivolous, irrelevant or malicious nature; or
(b) the application was made on the grounds mentioned in subsection (1)(b) and the Board is satisfied that the licence holder has a reasonable excuse for breaching the rules; or
(c) the Board is satisfied that there are no grounds for holding, or there is insufficient evidence to hold, an inquiry.
(8) If an application is made for disciplinary action under this section or the Board considers disciplinary action should be taken under this section, the Registrar must, as soon as is reasonably practicable, serve a copy of the application or decision of the Board on the licence holder in respect of whom the application or decision was made.
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