Cancellation of licence
23O Cancellation of licence
The Commissioner may, subject to this section, cancel a security agents licence if—
the licensee fails, without reasonable excuse, to comply with—
a notice or direction under section 23J; or
a requirement or direction under section 23K; or
a sample of the blood or urine of the licensee taken in accordance with section 23J is found on analysis to be a non-complying sample (within the meaning of the regulations); or
the results of a breath analysis undertaken in accordance with this
Division demonstrate that the prescribed concentration of alcohol was present in the licensee's blood at a time when the licensee was performing the function of controlling crowds.
The Commissioner must, before exercising powers under subsection (1) in relation to a licensee—
give written notice to the licensee of the proposed cancellation, including a statement of the reasons that the Commissioner considers justify the cancellation; and
allow the licensee a period of 14 days (or such longer period as the Commissioner may in a particular case allow) to show cause why the licence should not be cancelled.
At the end of the period allowed by the Commissioner under subsection (2), the Commissioner must—
determine, having regard to any response received from the licensee, whether or not to proceed with cancellation of the licence;
and
advise the licensee by notice in writing of the Commissioner's determination.
A notice under subsection (3)(b) must, if the licence is to be cancelled, specify the date from which the cancellation is to take effect (which must be not less than 14 days from the date of the notice) and the grounds for the Commissioner's determination.
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