Clause 12

The Board may, if it thinks it necessary or expedient in the public interest (including for the purpose of protecting the wellbeing of the licensee, any tourists guided by the licensee, or both), give directions to the licensee to do or to refrain from doing any thing specified, or of a description specified, in the direction, and the licensee must comply with the direction.(2) Before issuing a direction under this section, the Board must, unless the Board considers that it is not practicable or desirable in the particular circumstances of the case, serve on the licensee to whom the direction is to be issued, written notice of the Board’s intention.(3) The written notice must —

state the direction the Board intends to make and its effect; and

specify the time (being at least 14 days after the date of service of the written notice on the person) within which any written representation may be given to the Board, or any representation by the licensee heard, with respect to the Board’s intention.(4) On considering any representation made by the licensee under subsection (3)(b), the Board may decide to —

proceed as intended (including with any modification to the direction as the Board thinks fit); or

not proceed as intended,and must serve on the licensee written notice of the Board’s decision.(5) If no representation is made to the Board within the time mentioned in subsection (3)(b) or if any representation made under that provision is withdrawn, the Board may proceed as intended (including with any modification as the Board thinks fit) and must serve on the licensee written notice of the Board’s decision.(6) The licensee must comply with the direction served pursuant to a decision under subsection (4) or (5) in or within the time specified in the direction for compliance.(7) Where the licence of the licensee ceases to be in force after the direction is issued, the former licensee must still comply with the direction.(8) The licensee is not required to comply with the direction to the extent it is inconsistent with any requirement under any other written law. (9) Any person who fails to comply with a direction under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.Modification of directions, etc.26B.—

The Board may at any time vary, suspend or revoke the whole or any part of a direction issued to a licensee under section 26A.(2) Before varying, suspending or revoking a direction or part of a direction, the Board must serve on the licensee written notice of the Board’s intention, unless the Board considers that it is not practicable or desirable to do so in the particular circumstances of the case.(3) The written notice must —

state the direction or part of the direction that the Board intends to vary, suspend or revoke, and (in the case of a variation) the effect of the variation; and

specify the time (being at least 14 days after the date of service of the written notice on the licensee) within which any written representation may be given to the Board, or any representation by the licensee heard, with respect to the Board’s intention.(4) On considering any representation made by the licensee under subsection (3)(b), the Board may decide to —

proceed as intended (including with any modification to the direction or part of the direction as the Board thinks fit); or

not proceed as intended,and must serve on the licensee written notice of the Board’s decision.(5) If no representation is made to the Board within the time mentioned in subsection (3)(b) or if any representation made under that provision is withdrawn, the Board may proceed as intended (including with any modification as the Board thinks fit) and must serve on the licensee written notice of the Board’s decision.(6) The variation, suspension or revocation takes effect at the time and date specified by the Board in the written notice of the Board’s decision.”.