Page:Resource Sustainability Act 2019.pdf/31

32 (4) Any decision of the Agency to revoke a licence does not take effect until—
 * (a) the expiry of the period allowed under subsection (3) for the licensee to appeal to the Minister against the decision; or
 * (b) the determination or rejection of the appeal by the Minister or his or her designate under section 45,

whichever is the later.

(5) The Agency may cancel a licence at the request of the licensee.

Financial penalty

32.—(1) This section applies where a licensee—
 * (a) contravenes a provision of this Part, which contravention is not an offence under this Act; or
 * (b) fails to comply with any condition imposed by the Agency on the licence.

(2) On the occurrence of a contravention or failure to comply mentioned in subsection (1), the Agency may, in addition to or instead of taking any action under section 31(1), order the licensee to pay a financial penalty of an amount not exceeding $10,000 for each contravention or failure to comply, but not exceeding in the aggregate $50,000, by the date specified in the order.

(3) The Agency must, before making an order under subsection (2), give the licensee a written notice of its intention to do so and an opportunity to submit reasons, within such period as the Agency may specify in that notice, as to why the order should not be revoked.

(4) A licensee who is aggrieved by the Agency’s decision to make an order under subsection (2) may, within 14 days after receiving notice of the Agency’s decision, appeal to the Minister.

(5) Where an appeal is made to the Minister within the period mentioned in subsection (4), the order mentioned in subsection (2) does not take effect unless—
 * (a) the appeal is for any reason dismissed by the Minister; or