Western Australian Current Acts

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TOBACCO PRODUCTS CONTROL ACT 2006 - SECT 47

47 .         Disciplinary action against licence holders by SAT

        (1)         The CEO may allege to the State Administrative Tribunal that there is proper cause for disciplinary action, as mentioned in subsection (2), against a licence holder.

        (2)         There is proper cause for disciplinary action against a licence holder —

            (a)         if the licence holder, or where the licence is held by a body corporate, if the body or any of the body’s officers, as the case may be —

                  (i)         is the subject of a pending charge for an offence under this Act; or

                  (ii)         has breached —

                        (I)         a provision of this Act; or

        (II)         the licence or a condition or restriction to which the licence is subject;

                or

                  (iii)         has been convicted of an offence under this Act, a corresponding law, or any legislation repealed by this Act; or

                  (iv)         is the subject of a pending charge anywhere in the world for an offence involving fraud or dishonesty; or

                  (v)         is not or no longer likely to carry on the activities of a licence holder honestly and fairly; or

                  (vi)         is not or no longer a fit and proper person to hold a licence;

                or

            (b)         if the licence was issued or renewed in error in consequence of information provided with the application for the issue or renewal of the licence being false or misleading in a material particular.

        (3)         If, in a proceeding commenced by an allegation under subsection (1) against a licence holder, the State Administrative Tribunal is satisfied that proper cause exists for disciplinary action, the State Administrative Tribunal may do any of the following —

            (a)         suspend a licence of any type held by the licence holder for such period, not exceeding 3 months, as the Tribunal thinks fit;

            (b)         revoke a licence of any type held by the licence holder;

            (c)         disqualify the licence holder from holding any type of licence for such period as the Tribunal thinks fit or permanently.



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