Clause 27
Amendment of section 89
of Civil Defence Shelter and Fire Safety (Miscellaneous Amendments) Bill
In the FS Act, in section 89 —
in the section heading, after “permit”, insert “and disapplication of class licence”;
in subsection (1), after “the Commissioner may”, insert “(without compensation)”;
replace subsections (2) and (3) with —“(2) In subsection (1), “licence” does not include a class licence.
If at any time it appears to the Commissioner that —
a class licensee has contravened any condition of the applicable class licence;
in a case where a class licence applies to a person subject to a condition precedent that requires the person to notify the Commissioner of the person’s identity and other particulars about the regulated activity (within the meaning given by section 84A(5)) carried on by the person, the person has provided any information that is false or misleading; or
the public safety so requires,the Commissioner may (without compensation) by order disapply the class licence with respect to that class licensee.
The Commissioner must, before exercising any power under subsection (1) or (3), give written notice to the person concerned —
stating the Commissioner’s intention to exercise such power; and
specifying a date (being not less than 21 days from the date of service of notice on that person) upon which the cancellation or disapplication takes effect and calling upon the person concerned to show cause to the Commissioner why the licence or permit should not be cancelled or the class licence should not be disapplied, as the case may be.
When the Commissioner has exercised any power under subsection (1) or (3), the Commissioner must inform the person concerned by written notice of the cancellation or disapplication as soon as may be practicable.”;
in subsection (4), after “cancelled”, insert “, or to whom a class licence has been disapplied,”;
in subsection (4), after “cancellation”, insert “or disapplication (as the case may be)”; and
after subsection (5), insert —“(6) An order under subsection (3) does not take effect until the expiry of a period of 14 days after the Commissioner has informed the class licensee in question of the order.”.