Clause 20

the licence has been obtained by the licensee by fraud, or the licensee has, in connection with the application for the grant of the licence, made a statement or provided any information or document that is false, misleading or inaccurate in a material particular;

the licensee is contravening or not complying with, or has contravened or failed to comply with —

any condition of the licence;

any duty of a licensee under section 23(2) or (3), 24 or 25;

any other provision of this Act, the contravention of which is not an offence under this Act;

any provision of a code of practice applicable to the licensee;

any direction issued to the licensee by the Director under this Act; or

any requirement of the Director under section 19 or subsection (2)(b)(iii) to give a security deposit or a direction under this section to pay a financial penalty;

the licensee is no longer a suitable person to be granted a licence, having regard to the matters mentioned in section 2(3);

the licensee is, or is likely to be, declared a bankrupt or has gone, or is likely to go, into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;

the licensee has made any assignment to, or composition with, the licensee’s creditors or, if the licensee is a company, is unable to pay its debts;

the licensee, or any of the following individuals, is convicted of an offence under this Act committed during the term of the licence:

where the licensee is a company, limited liability partnership or other body corporate — any member of the board of directors or committee or board of trustees or other governing body, or the chief executive, any manager, secretary or other similar officer or any person who purported to act in any such capacity;

where the licensee is a partnership — any partner of the partnership;

any premises at which the licensee provides, or any conveyance the licensee uses to provide, the licensable healthcare service to which the licence relates, or any part of those premises or that conveyance, or any equipment in those premises or that conveyance, is no longer safe or suitable for use in providing that licensable healthcare service;

the licensee is unable to continue providing the licensable healthcare service to which the licence relates —

in a safe manner; or (ii)in a manner that is clinically and ethically appropriate; or

the public interest so requires.

with or without forfeiting any security deposit given by the licensee under this section or section 19, revoke a licence of that licensee;

in lieu of paragraph (a), all or any of the following:

censure the licensee in writing;

modify any condition of the licence;

require the licensee to give an additional security deposit in the form mentioned in section 19;

forfeit the whole or part of any security deposit given by the licensee under this section and section 19 but not exceeding the limit in sub‑paragraph (viii);

direct the licensee to do, or refrain from doing, any thing specified in the direction, and within the period specified in the direction (if specified), to rectify a contravention or non‑compliance or prevent a recurrence of the contravention or non‑compliance;

shorten (for not longer than prescribed) the term of the licence;

suspend the licence for a period that the Director thinks fit;

direct the licensee to pay, within a period specified, a financial penalty of the amount that the Director thinks fit, being —

not more than $10,000 for each contravention or non‑compliance mentioned in subsection (1)(b) that is the subject; or

in any other case, not more than $10,000.

the licensable healthcare service to which the licence relates;

one or more premises at which the licensable healthcare service authorised by the licence is provided; or

one or more conveyances used to provide the licensable healthcare service.