Excise Act 1901
PART IV
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MANUFACTURER, STORAGE, PRODUCER AND DEALER LICENCES
Division 4
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Suspension and cancellation of licences
SECTION 39J
METHOD OF SUSPENSION
39J(1)
If the Collector decides to suspend a licence relying on subsection 39G(1) or (1A) , the Collector must give a written notice in accordance with this section to the licence holder.
39J(2)
The notice must be: (a) served, either personally or by post, on the licence holder; or (b) served personally on a person who, at the time of service, apparently participates in the management or control of any of the premises covered by the licence.
39J(3)
A notice given under subsection (1) relating to a suspension relying on subsection 39G(1) : (a) must state that, if the licence holder wishes to prevent the cancellation of the licence, he or she may, within 7 days after the day on which the notice was served, give to the Collector at an address specified in the notice a written statement showing cause why the licence should not be cancelled; and (b) may, if it appears to the Collector to be necessary for the protection of the revenue or for ensuring compliance with the Excise Acts, state that the licence is suspended.
39J(4)
If the notice states that the licence is suspended, then the licence is suspended on and from the service of the notice.
39J(4A)
A notice given under subsection (1) relating to a suspension relying on subsection 39G(1A) : (a) must state that, if the licence holder wants the licence to continue to cover the premises to which the suspension relates, the licence holder may, within 7 days after the day on which the notice was served, give to the Collector at an address specified in the notice a written statement showing cause why the premises should continue to be covered by the licence; and (b) may, if it appears to the Collector to be necessary for the protection of the revenue or for ensuring compliance with the Excise Acts, state that the licence is suspended in relation to the premises.
39J(4B)
If the notice states that the licence is suspended in relation to particular premises, then the licence is suspended in relation to the premises on and from the service of the notice.
39J(5)
The Collector may revoke a suspension at any time.
39J(6)
The Collector must revoke a suspension made relying on subsection 39G(1) if the licence has not been cancelled within 28 days after the day the Collector suspended the licence.
39J(7)
The Collector must revoke a suspension made relying on subsection 39G(1A) if, within 28 days after the day the Collector made the suspension, the licence has not been varied to no longer cover the premises to which the suspension relates.
CCH NOTE: No 74 of 2006, s 3 and Sch 1 item 102 contains the following additional provision:
(5) Existing licences to end on 31 March 2007A licence in force under Part IV of the Excise Act 1901 immediately before 1 July 2006 ceases to be in force at the end of 30 September 2006 (unless cancelled earlier).
View history note
Hide history noteIf the Collector decides to suspend a licence relying on subsection 39G(1) or (1A) , the Collector must give a written notice in accordance with this section to the licence holder.
39J(2)
The notice must be: (a) served, either personally or by post, on the licence holder; or (b) served personally on a person who, at the time of service, apparently participates in the management or control of any of the premises covered by the licence.
39J(3)
A notice given under subsection (1) relating to a suspension relying on subsection 39G(1) : (a) must state that, if the licence holder wishes to prevent the cancellation of the licence, he or she may, within 7 days after the day on which the notice was served, give to the Collector at an address specified in the notice a written statement showing cause why the licence should not be cancelled; and (b) may, if it appears to the Collector to be necessary for the protection of the revenue or for ensuring compliance with the Excise Acts, state that the licence is suspended.
39J(4)
If the notice states that the licence is suspended, then the licence is suspended on and from the service of the notice.
39J(4A)
A notice given under subsection (1) relating to a suspension relying on subsection 39G(1A) : (a) must state that, if the licence holder wants the licence to continue to cover the premises to which the suspension relates, the licence holder may, within 7 days after the day on which the notice was served, give to the Collector at an address specified in the notice a written statement showing cause why the premises should continue to be covered by the licence; and (b) may, if it appears to the Collector to be necessary for the protection of the revenue or for ensuring compliance with the Excise Acts, state that the licence is suspended in relation to the premises.
39J(4B)
If the notice states that the licence is suspended in relation to particular premises, then the licence is suspended in relation to the premises on and from the service of the notice.
39J(5)
The Collector may revoke a suspension at any time.
39J(6)
The Collector must revoke a suspension made relying on subsection 39G(1) if the licence has not been cancelled within 28 days after the day the Collector suspended the licence.
39J(7)
The Collector must revoke a suspension made relying on subsection 39G(1A) if, within 28 days after the day the Collector made the suspension, the licence has not been varied to no longer cover the premises to which the suspension relates.
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