Document ID: chunk:federal_register_of_legislation:C2024C00440:section:59
Version: federal_register_of_legislation:C2024C00440
Segment Type: section
Provision Reference: s 59
Character Range: 59111–61149

59  Cancellation of temporary licence

Minister to give show cause notice
 (1) If the Minister believes on reasonable grounds that a condition of a temporary licence has been contravened, the Minister may give a written notice (a show cause notice) to the holder of the licence.
Note: The Minister may also give a show cause notice if the Minister considers that a temporary licence is being used inappropriately, see section 63.
 (2) The show cause notice must:
 (a) state the grounds on which the notice is given; and
 (b) invite the holder of the licence to give the Minister, within 10 business days after the day the notice is given, a written statement showing cause why the licence should not be cancelled.

Minister may decide to cancel licence
 (3) If the Minister:
 (a) has given a show cause notice under subsection (1) to the holder of a temporary licence; and
 (b) after considering any written statement given in accordance with the show cause notice, is satisfied that a condition of the licence has been contravened;
the Minister may cancel the licence.
Note: Section 107 provides that an application may be made to the Administrative Review Tribunal for review of a decision by the Minister to cancel a temporary licence.
 (4) The Minister must give written notice of the cancellation to the holder of the licence. The notice must set out:
 (a) the day the cancellation takes effect; and
 (b) the reasons for the cancellation; and
 (c) the effect of subsection (5).

Holder of licence to return cancelled licence
 (5) The holder of a temporary licence contravenes this subsection if:
 (a) the licence is cancelled under this section; and
 (b) the holder of the licence does not return the licence to the Minister within 10 business days after the day the cancellation takes effect.
Civil penalty:
 (a) for an individual—50 penalty units; and
 (b) for a body corporate—250 penalty units.

Show cause notice not a legislative instrument
 (6) A show cause notice given under subsection (1) is not a legislative instrument.