39.—(1) Subject to subsection (2), if any licensee —
(a)
contravenes or fails to secure the compliance by the licensee’s employees, agents or contractors with —
(i)
any condition of a ticket payment service licence; or
(ii)
any provision of this Act;
(b)
in the opinion of the Council, fails or is likely to fail to provide and maintain an adequate, satisfactory, secure and efficient ticket payment service;
(c)
goes into compulsory or voluntary liquidation other than for the purpose of reconstruction or amalgamation;
(d)
makes any assignment to, or composition with, the licensee’s creditors;
(e)
fails to comply with any code of practice issued, approved or modified under section 36; or
(f)
fails to comply with any direction given under section 37,
the Council may, by written notice and without any compensation, do all or any of the following:
(g)
suspend or cancel the licence of the licensee;
(h)
forfeit the whole or any part of any security deposit or performance bond paid to the Council by the licensee or by the licensee’s bank pursuant to a bank guarantee;
(i)
require the licensee to pay, within a specified period, a financial penalty of such amount not exceeding $100,000 for each contravention or breach as the Council thinks fit.
[30/2015]
(2) The Council must not impose any financial penalty under subsection (1)(i) on any licensee by reason only that under subsection (1)(b) the Council is of the opinion that the licensee is likely to fail to provide and maintain an adequate and satisfactory bus service or an adequate, satisfactory, secure and efficient ticket payment service, as the case may be.