Document ID: chunk:federal_register_of_legislation:C2024C00644:section:26:p1
Version: federal_register_of_legislation:C2024C00644
Segment Type: section
Provision Reference: s 26 (pt 1/2)
Character Range: 74754–77318

26  Suspension and cancellation of licences
 (1) The Minister may, in his or her discretion, by notice in writing given to the holder of a licence granted under section 19, suspend the licence if he or she has reasonable grounds to believe that:
 (a) there has been a contravention of, or a failure to comply with, a condition to which the licence is subject;
 (aa) a person, being the holder of the licence or a person acting on behalf of the holder of the licence, has, after the commencement of subsection 32(1) of the Fishing Legislation Amendment Act 1987:
 (i) refused or failed to provide information required by an instrument under subsection 14(1), (1A), (2), (2A) or (3) to be provided by that person in the manner in which the information was required by the instrument to be provided; or
 (ii) in purported compliance with an instrument under subsection 14(1), (1A), (2), (2A) or (3), provided information that was, to the knowledge of the person, false or misleading in a material particular;
 (b) a person, being the holder of the licence or a person acting on behalf of the holder of the licence, has done an act that the person was prohibited from doing by an instrument in force under subsection 14(6), (6A), (7) or (8) or 16(1); or
 (c) in an application under this Act relating to the licence, the holder of the licence made a statement or furnished information that was, to his or her knowledge, false or misleading in a material particular;
not being an act or omission in relation to which he or she has previously exercised his or her powers under this subsection.
 (2) Where a licence is suspended under subsection (1), the suspension, unless it is revoked, ceases:
 (a) if proceedings for an offence against this Act in relation to the alleged act or omission referred to in paragraph (1)(a), (aa), (b) or (c), as the case may be, are instituted against the holder of the licence or a person acting on behalf of the holder of the licence within one month after the suspension—on completion of the proceedings; or
 (b) in any other case—on the expiration of one month after the suspension.
 (3) The Minister may, at any time, by notice in writing given to the holder of a licence suspended under subsection (1), revoke the suspension.
 (4) The Minister may, in his or her discretion, by notice in writing given to the holder of a licence under section 19, cancel the licence if:
 (a) the holder of the licence is convicted of an offence against this Act, the regulations or any other law of the Commonwealth relating to fishing or against a