Clause 14

by deleting the words “in any material particular” in subsection (1)(a) and substituting the words “(including as a result of an omission) in any material particular, or the licensee otherwise obtained his or her licence through fraud or misrepresentation”;

by deleting the words “section 27(1)” in subsection (1)(b) and substituting the words “section 32B(1)”;

by inserting, immediately after paragraph (d) of subsection (1), the following paragraph:“(da)contravenes any direction issued by the Board to the licensee under section 26A or this section (as may be varied under section 26B or this section, as the case may be);”;

by deleting subsection (2) and substituting the following subsection:“(2) Subject to subsection (3), in the case where a licensee —

refuses or fails, without reasonable excuse, to comply with any requirement of the Board or an inspecting officer under section 32B(1);

contravenes any provision of this Act or any regulations made under this Act;

contravenes any condition of his or her licence; or

contravenes any direction issued by the Board to the licensee under section 26A or this section (as may be varied under section 26B or this section, as the case may be),the Board may, instead of suspending or revoking his or her licence under subsection (1)(b), (c), (d) or (da) (as the case may be), do one or more of the following: (e)issue any direction to the licensee to do or not to do anything specified in the direction;

subject to subsection (3), require the licensee to pay a financial penalty of an amount not exceeding $1,000 by a date that the Board may determine;

debar the licensee from applying for the grant or renewal of any licence for a period specified by the Board.”;

by deleting the words “Subsection (2)” in subsection (3) and substituting the words “Subsection (2)(f)”;

by deleting subsection (4) and substituting the following subsections:“(4) Where the Board intends to take any regulatory action under subsection (1) or (2) against a licensee, the Board must serve the licensee written notice of the Board’s intention, unless the Board considers that it is not practicable or desirable in the particular circumstances of the case to do so.(4A) The written notice must specify —

the regulatory action that the Board intends to take against the licensee; (b)the ground or grounds in subsection (1) or (2) (as the case may be) on which the Board intends to rely; and

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.(4B) On considering any representation made by the licensee under subsection (4A)(c), the Board may decide to —

proceed with the intended regulatory action (including with any modification as the Board thinks fit); or

not proceed with the intended regulatory action or proceed with a different regulatory action,and must serve on the licensee written notice of the Board’s decision.(4C) If no representation is made to the Board within the time mentioned in subsection (4A)(c) or if any representation made under that provision is withdrawn, the Board —

may decide to proceed as intended (including with any modification as the Board thinks fit), or may decide not to proceed; and (b)must serve on the licensee written notice of the Board’s decision.”; and

by deleting subsection (5) and substituting the following subsections:“(5) The Board’s decision mentioned in subsection (4B) or (4C) (as the case may be) does not take effect until —

the expiry of the period allowed under section 42A for the licensee to appeal to the Minister against the decision; and

if an appeal is made in the period allowed under section 42A for the licensee to appeal —

the determination or rejection of the appeal by the Minister or his or her designate under section 42A; or

(if the appeal is withdrawn) the withdrawal of the appeal. (5A) The suspension or revocation of any licence under this section does not affect the enforcement by any person of any right or claim against the licensee or former licensee, or by the licensee or former licensee of any right or claim against any person.(5B) If the written notice under subsection (4) is served on the licensee before the expiry of his or her licence and the licence expires before the Board can —

make a determination whether one or more of the grounds in subsection (1) or (2) mentioned in the written notice under subsection (4A)(b) are satisfied; or

(if the Board has made such a determination) take any regulatory action under subsection (1) or (2) (whether or not mentioned in that written notice under subsection (4A)(a)),this section continues to apply and the Board may, at any time after the expiry —

continue to make such determination or take regulatory action under subsection (2) or both (as may be appropriate) in relation to the former licensee; or

not continue with any further action under this section.(5C) For the purpose of subsection (5B), a licence expires when any of the following occurs:

its period of validity ends;

it is revoked under subsection (1) (read with subsection (5));

it is cancelled under subsection (6).(5D) To avoid doubt and without affecting section 23(2), a determination under subsection (5B) is a relevant consideration for the purpose of any application that the former licensee may subsequently make under section 23.(5E) Where regulatory action taken under this section is the issue of a direction under subsection (2)(e), the Board may at any time vary, suspend or revoke the whole or any part of the direction, and section 26B applies in relation to such variation, suspension or revocation as if the direction in question were a direction issued under section 26A.(5F) For the purposes of subsection (5E), references in section 26B to a licensee include a former licensee.”.