Procedure for variation, suspension or cancellation
28 Procedure for variation, suspension or cancellation
If the chief executive believes that a ground exists to vary, suspend or cancel a licence (the proposed action), the chief executive must give the licensee a written notice that—
states the proposed action; and
states the grounds for the proposed action; and
outlines the facts and circumstances forming the basis for the chief executive’s belief; and
if the proposed action is to vary a condition of the licence—states the proposed variation; and
if the proposed action is to suspend the licence—states the proposed suspension period; and
invites the licensee to show, within a stated time of at least 28 days, why the proposed action should not take place.
If, after considering all representations made within the stated time, the chief executive still believes a ground exists to vary, suspend or cancel the licence, the chief executive may—
if the proposed action is to vary a condition of the licence—vary the condition in the way proposed; or
if the proposed action is to suspend the licence for a stated period—suspend the licence for the stated period or a shorter period; or
if the proposed action is to cancel the licence—cancel the licence, suspend the licence for a period or vary a condition of the licence.
The chief executive must inform the licensee of the decision by written notice.
If the chief executive decides to vary, suspend or cancel a licence, the notice must comply with the QCAT Act, section 157(2).
The decision takes effect on the later of the following—
on the day the notice is given to the licensee;
the day stated in the notice.
This Act’s bill:Explanatory memorandum
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