10. Cancellation of licence

    (1) Any person may, at any time, make a complaint in writing to the Commissioner about the holding of a licence by a specified licensee if the complaint complies with subsection (1ab).

    (1a) For a complaint to comply with this subsection

    (a) the complaint has to specify the licensee and the ground of the complaint; and

    (b) the ground of the complaint has to be a ground described in subsection (1).

    (1b) The Commissioner may, on receiving a complaint under subsection (1) or on the Commissioner's own initiative, make any investigation or inquiry that the Commissioner considers necessary to decide whether to make an allegation under subsection (2)

    (a) on the ground that the licensee improperly obtained his licence contrary to the provisions of this Act;

    (b) on the ground that the licensee has been convicted of any offence against this Act; or

    (c) on any of the grounds on which the Commissioner may refuse the grant or renewal of a licence under section 9.

    (1c) If the Commissioner decides that it is appropriate to do so, the Commissioner may make an allegation to the State Administrative Tribunal that there is a ground for it to make an order under subsection (2).

    (1d) If the Commissioner decides not to make an allegation concerning a licensee about whom a complaint was made to the Commissioner under subsection (1), the Commissioner is required to notify the person who made the complaint of that decision and the reason for it.

    (2) Where the State Administrative Tribunal, on dealing with an allegation under subsection (1c), is satisfied that any of the grounds described in subsection (1b) is proved, it may order that the licence be delivered up to the Commissioner and cancelled and that the licensee be disqualified either permanently or for such period as the Tribunal specifies in the order from holding a licence.

    [(3) repealed]

    (4) Where the State Administrative Tribunal makes an order under subsection (2), the Commissioner shall, as soon as practicable after the order is made, send a copy of the order to the Commissioner of Police.

    (5) During the period for which a licensee is disqualified from holding a licence he shall be deemed not to be the holder of a licence.

    [Section 10 amended by No. 55 of 2004 s. 223.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.