Summary determinations
37 Summary determinations
If it appears to the CEO that a licensee or a person to whom section 40(2) applies may, by reason of a matter of a kind referred to in section 39, be liable to a penalty and that a penalty appropriate to the case is provided by section 40(1)(a) to (f), the CEO may, on making a summary determination to that effect, issue a written warning or impose a penalty of that kind summarily.
The CEO shall seek the advice of the Council before making a summary determination under subsection (1).
Notice of a summary determination made under subsection (1) and of any warning or penalty proposed to be so imposed shall be given in writing by the CEO —
to the person to be warned or liable to the penalty; or
if that is not practicable, by publication in the Gazette,
setting out short particulars of the reason and giving that person a reasonable opportunity, within a period specified in that notice, to show cause to the CEO why effect should not be given to that determination.
If within the period specified in the notice given under subsection (2), the person to be warned or liable for the penalty summarily imposed —
consents to the summary determination; or
endeavours to show cause why effect should not be given to the summary determination, but otherwise submits to the discretion of the CEO and does not request that any matter alleged be brought before the State Administrative Tribunal under section 38,
effect may, by notice in writing to that person, be given to the summary determination and thereupon the warning or penalty proposed, or such lesser penalty as the CEO may think appropriate and specify instead in that notice, shall, as from the date specified in that notice, be thereby imposed.
[Section 37 amended: No. 55 of 2004 s. 530; No. 28 of 2006 s. 268 and 270.]
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