Document ID: chunk:federal_register_of_legislation:C2008C00388:section:8a:p2
Version: federal_register_of_legislation:C2008C00388
Segment Type: section
Provision Reference: s 8A (pt 2/3)
Character Range: 15916–18495

granted to a person is revoked; or
 (b) the person to whom a licence has been granted has, during the prescribed period, failed to comply with a condition of the licence or there are reasonable grounds for suspecting that he or she has, during that period, failed to comply with a condition of the licence;
a constable may, without warrant, arrest the person.

 (8) Where a constable arrests a person in pursuance of the last preceding subsection on a ground specified in paragraph (b) of that subsection, the constable shall, as soon as practicable, take that person before a prescribed authority and, if the prescribed authority is satisfied that that person without lawful excuse failed to comply with a condition of the licence granted to him or her, the prescribed authority shall cancel the licence.

 (9) A person brought before a prescribed authority under the last preceding subsection shall, unless the prescribed authority otherwise directs, be kept in custody until the prescribed authority has determined the matter.

 (10) Subject to subsection (12) of this section, where a licence granted to a person who, at the time of the grant, was serving a term of imprisonment is revoked or cancelled, the person may be detained in prison, as if the licence had not been granted, to undergo imprisonment for a period equal to the part of the term that he or she had not served at the time when he or she was released from prison in pursuance of the licence and, in the case of a person who has been declared to be a habitual criminal, he or she may, on the expiration of that term, be further detained in prison as if the licence had not been granted.

 (11) Subject to the next succeeding subsection, where a licence granted to a person who, at the time of the grant, was being detained in prison by reason of his or her having been declared to be a habitual criminal is revoked or cancelled, the person may be detained in prison as if the licence had not been granted.

 (12) Where a prescribed authority cancels a licence under subsection (8) of this section, the person to whom the licence was granted may appeal to the Supreme Court of a Territory or to a prescribed Federal Court against the cancellation and the Court shall:
 (a) if it is satisfied that the ground on which the licence was cancelled has been established—confirm the cancellation; or
 (b) if it is not so satisfied—order that the cancellation cease to have effect.

 (13) An appeal under the last preceding subsection shall be by way of re‑hearing, but the Court may have regard to any evidence given