Suspension or revocation of approval to operate ID scanning system
173ER Suspension or revocation of approval to operate ID scanning system
The commissioner may suspend or revoke an approval to operate an ID scanning system if—
the commissioner is satisfied the approved operator has contravened a provision of division 3 or a condition of the approval; or
the commissioner is satisfied the approved operator has operated an ID scanning system to which an approved ID scanner in regulated premises is linked, and the ID scanning system has not been approved; or
the commissioner is no longer satisfied about the matters stated in section 173EQ(4).
For deciding about a matter stated in section 173EQ(4), the commissioner may obtain a report from the police commissioner about the criminal history of the approved operator or, for an approved operator that is a corporation, an executive officer of the approved operator.
Before suspending or revoking an approval, the commissioner must give the approved operator a notice (a show cause notice) stating—
that the commissioner proposes to suspend or revoke the approval; and
for a proposed suspension—the proposed period of suspension; and
the reasons for the proposed suspension or revocation; and
that the approved operator may, within a stated time of at least 30 days, give the commissioner a written response stating why the approved operator considers the approval should not be suspended or revoked.
After considering any response from the approved operator within the time stated in the show cause notice, the commissioner may suspend or revoke the approval.
The commissioner must give the approved operator an information notice for the decision to suspend or revoke the approval.
The suspension or revocation takes effect on the day stated in the information notice.
The stated day must be at least 14 days after the information notice is given.
If the commissioner decides not to suspend or revoke the approval, the commissioner must give the approved operator notice of the decision.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.