Victorian Numbered Acts Victorian Numbered ActsAfter section 96A of the Principal Act insert —
(1) The Director, by notice in writing to a licensee, may suspend the licensee's licence for a period not exceeding 5 days, if the Director believes on reasonable grounds that—
(a) the licensee has engaged in conduct that would constitute grounds for an application under section 90 for an inquiry into the licensee; and
(b) there is a danger that a person may suffer substantial harm, loss or damage as a result of the licensee's conduct unless the licence is suspended.
(2) The Director cannot suspend a licence under subsection (1) unless the Director—
(a) has served a notice in writing on the licensee, at least 48 hours before suspending the licence—
(i) specifying the conduct which the licensee is believed to have engaged in and the grounds for the Director's belief; and
(ii) stating the time period within which the licensee must respond to the notice (being not less than 48 hours after service of the notice); and
(iii) stating that the Director intends to suspend the licence, for a specified period, unless the Director is satisfied with the licensee's response; and
(b) has considered any response made by the licensee within the time period specified under paragraph (a)(ii).
(3) The suspension of a licence under this section—
(a) takes effect when notice of it is given to the licensee under subsection (1) or at the later time specified in that notice; and
(b) ceases to have effect at the time specified in that notice.
(4) A licence may be suspended under this section whether or not—
(a) an application has been made to the Tribunal—
(i) under section 90 for an inquiry in respect of the alleged conduct; or
(ii) under section 94 or 95 for an order cancelling or suspending the licence; or
(b) a breach notice has been served on the licensee under section 97A.
(5) No compensation is payable in respect of any loss or damage resulting from or arising out of the suspension of a licence in accordance with this section.".