Victorian Numbered Acts Victorian Numbered ActsAfter section 9 of the Principal Act insert —
(1) The Board must immediately cancel any licence issued or renewed under section 6 if the Board becomes aware that the holder of the licence is a prohibited person.
(2) If the Board cancels a licence under subsection (1), the Board must give the person who held the licence written advice of the cancellation as soon as practicable after that cancellation.
(3) Sections 9AB, 9AC and 9A do not apply to a prohibited person.
(1) The Board may hold an inquiry for the purposes of determining the continued suitability of a person to hold a licence issued under section 6 if—
(a) the Chief Commissioner advises the Board that the Chief Commissioner is of the view that—
(i) the person is not a fit and proper person to hold a licence; or
(ii) it is no longer in the public interest for the person to hold a licence; or
(b) the Board has reasonable grounds to believe that—
(i) the person is not a fit and proper person to hold a licence; or
(ii) it is no longer in the public interest for the person to hold a licence.
(2) In giving advice under subsection (1)(a)—
(a) the Chief Commissioner may rely on any information, including protected information, he or she considers relevant; and
(b) if the Chief Commissioner's view is wholly or partly based on protected information, the Chief Commissioner may—
(i) advise the Board that because his or her view is wholly or partly based on protected information, the Chief Commissioner will not give the Board reasons for his or her view to the extent that those reasons are based on that information; or
(ii) give the Board the protected information as part of his or her reasons for the advice and specify which information is protected information.
(3) If the Board decides to hold an inquiry under subsection (1), the Board may suspend the licence of the person in respect of whom the inquiry is being held until the conclusion of the inquiry.
(4) Before conducting an inquiry under subsection (1), the Board must give the holder of the licence written notice specifying—
(a) that an inquiry is to be held to determine the person's suitability to hold a licence because the Board has received advice or has reasonable grounds to believe that the person is not a fit and proper person to hold a licence or it is no longer in the public interest for the person to hold a licence (as the case may be); and
(b) the date and time of the inquiry and the venue at which the inquiry will be held; and
(c) if the person's licence has been suspended under subsection (3), that the person's licence has been suspended and that it will remain suspended until the inquiry is completed; and
(d) that the person may make an oral or written submission to the Board in relation to his or her suitability to hold a licence at the inquiry.
(5) For the purposes of conducting an inquiry under this section the Board must be constituted by more than half of its current members.
(6) In conducting an inquiry under this section, the Board—
(a) may consider all relevant information it has been given; and
(b) may receive written or oral submissions from the person in respect of whom the inquiry is being held and any other person who has information relevant to the inquiry; and
(c) is bound by the rules of natural justice; and
(d) may otherwise regulate its own procedure.
(1) At the conclusion of an inquiry under section 9AB, the Board may decide to—
(a) vary the conditions on the licence, or add new conditions to the licence; or
(b) suspend the licence for any period the Board considers appropriate; or
(c) cancel the licence; or
(d) continue to allow the person to hold the licence on the same terms and subject to any conditions on which the licence was held before the person received notice of the inquiry.
(2) The Board must advise the holder of the licence, orally or in writing, if under subsection (1)—
(a) the Board varies, or adds to, the conditions of a licence; or
(b) the Board suspends or cancels a licence.
(3) If the Board gives the holder of a licence oral notice under subsection (2), the Board must, as soon as is practicable, give written notice of—
(a) the variation of, or addition to, the conditions of the licence; or
(b) the suspension or cancellation of the licence.
(4) Subject to subsection (5), the written notice must specify the reasons for—
(a) the variation of, or addition to, the conditions of a licence; or
(b) the suspension or cancellation of a licence.
(5) The Board must, in giving reasons to a person in a written notice under subsection (4)—
(a) not disclose any protected information; and
(b) if the Board's reasons are partially or wholly based on protected information, specify that some or all of the Board's reasons are based on advice from the Chief Commissioner.
(1) A person must not apply for the issue of a new licence for a period of 12 months, or such further period as is determined by the Board, if the Board has cancelled the licence of the person because the Board—
(a) is not satisfied that the person is a fit and proper person to hold the licence; or
(b) is satisfied that it is contrary to the public interest for the person to hold the licence.
(2) If the Board has cancelled a licence of a person because the person is a prohibited person the person cannot apply for the issue of a new licence until the person ceases to be a prohibited person.".