Document ID: chunk:federal_register_of_legislation:C2024C00508:section:127:p1
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 127 (pt 1/2)
Character Range: 325670–328275

127  Suspension and cancellation of licences
 (1) Subject to subsection (2), the APVMA may, by written notice given to the holder of a licence, suspend the licence for a period stated in the notice, or cancel the licence, if:
 (a) the APVMA is satisfied that at least one of the following persons:
 (i) the holder of the licence;
 (ii) any other person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the holder's affairs;
 (iii) if the holder is a body corporate—a major interest holder of the body corporate;
  has, within the 10 years immediately before the notice is given:
 (iv) given information to the APVMA in connection with an application for a licence, in response to a notice under section 159, or as required by section 160A or 161, and the information was false or misleading in a material particular; or
 (v) been convicted of an offence against an agvet law; or
 (vi) been convicted of an offence against a law of this or another jurisdiction relating to chemical products; or
 (vii) been convicted of an offence against a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or
 (viii) been ordered to pay a pecuniary penalty for the contravention of an agvet penalty provision; or
 (ix) been ordered to pay a pecuniary penalty for the contravention of another law of this or another jurisdiction relating to chemical products; or
 (x) been ordered to pay a pecuniary penalty for the contravention of a civil penalty provision of a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or
 (xi) contravened a condition of a manufacturing licence issued under an agvet law; or
 (b) the APVMA is satisfied that the holder failed, within the 5 years immediately before the notice was given, to comply with a manufacturing principle in connection with the manufacture of chemical products; or
 (c) any other circumstances prescribed by the regulations for the purposes of this paragraph exist; or
 (d) the holder has asked in writing that the licence be suspended or cancelled, as the case may be; or
 (e) the holder ceases to carry on the business of manufacturing the chemical products to which the licence relates; or
 (f) a prescribed fee in connection with the licence has not been paid.
 (2) If the APVMA proposes to suspend or cancel a licence except when asked to do so by the holder of the licence, the APVMA must, unless subsection (2A) applies:
 (a) by written notice given to the holder, set out the action that the APVMA proposes to take and the reasons for the