Restraint of continuing contravention
43 Restraint of continuing contravention
Where the State Administrative Tribunal is satisfied on application made by the CEO that a licensee is by any act committing, or permitting the commission of, a continuing contravention of any term, condition or direction applicable to a licence or exemption the Tribunal may —
by order restrain the continuance of that act; and
make a further order that —
the operation of the licence or exemption may be suspended for a specified period; or
the licence may be cancelled or the exemption revoked with immediate effect,
by the CEO if the CEO is satisfied that the restraint order has been contravened.
The continued existence of anything in a state, or the intermittent repetition of any act, contrary to a term or condition of a licence or exemption or to any direction may be deemed for the purposes of subsection (1) to constitute a continuing contravention.
Proceedings under this section shall not prejudice any disciplinary action under this Act that may be taken in relation to the same or a similar contravention.
[Section 43 amended: No. 55 of 2004 s. 536; No. 28 of 2006 s. 270(1).]
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