Queensland Consolidated Acts

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 36

36 Suspension

(1) The chief executive may suspend a retail or wholesale licence if the chief executive reasonably believes any of the following disciplinary grounds apply—

(a) the licence was granted, renewed or restored because of materially incorrect, false or misleading information;

(b) the licensee has contravened a condition of the licence;

(c) the licensee, or an employee of the licensee, has contravened this Act, whether or not the licensee has been convicted of an offence for the contravention;

(d) the licensee attempted to obstruct an authorised person in the exercise of a power under this Act;

(e) the licensee failed to comply with a request to make premises available for inspection made under section 43 ;

(f) the licensee held another retail or wholesale licence that was suspended or cancelled under this Act;

(g) if the licensee is a partnership—a partner held a retail or wholesale licence that was suspended or cancelled under this Act.

(2) Before suspending the retail or wholesale licence, the chief executive must give the licensee a notice (a
"show cause notice" ) stating—

(a) the chief executive proposes to suspend the licence; and

(b) the disciplinary grounds for the proposed suspension; and

(c) the acts, omissions or circumstances that constitute the stated disciplinary grounds; and

(d) that the licensee may, within 28 days after being given the notice, give the chief executive a written response to the notice.

(3) After considering all responses to the show cause notice complying with subsection (2) (d) , the chief executive must—

(a) decide to—

(i) take no further action; or

(ii) suspend the retail or wholesale licence; and

(b) give the licensee notice of the decision.

(4) If the decision is to suspend the retail or wholesale licence, the notice must be an information notice.

(5) The suspension—

(a) takes effect on the day stated in the information notice; and

(b) continues for the period of not more than 90 days as stated in the information notice.

(6) The day stated in the information notice must be after the day the notice is given to the licensee.