Document ID: chunk:federal_register_of_legislation:F2016C00721:clause:1_118
Version: federal_register_of_legislation:F2016C00721
Segment Type: clause
Provision Reference: sch 1 cl 118
Character Range: 88365–90177

118  Variation and cancellation of exemptions except on application
 (1) This regulation applies if the Authority considers that a ground exists to vary or cancel an exemption, except on application.
 (2) The Authority must give the person to whom the exemption was given a written notice that:
 (a) if the Authority proposes to vary the exemption—tells the person of the proposed variation; and
 (b) if the Authority proposes to cancel the exemption—tells the person of the proposed cancellation; and
 (c) states the ground for the proposed variation or cancellation; and
 (d) outlines the facts and other circumstances forming the basis for the ground; and
 (e) invites the person to state in writing, within a stated time of at least 14 days after the notice is given to the person, why the exemption should not be varied or cancelled.
 (3) If, after considering any written statement made within the stated time, the Authority is reasonably satisfied that a ground exists to take the proposed action, the Authority may:
 (a) if the proposed action is to vary the exemption in a stated way—vary the exemption in that way; and
 (b) if the proposed action is to cancel the exemption—cancel the exemption or vary the exemption in any way.
 (4) The Authority must tell the person in writing of the Authority's decision.
 (5) If the Authority decides to vary or cancel the exemption, the Authority must also give the person written reasons for the decision and tell the person in writing that the person may apply to have the decision reconsidered.
 (6) The variation or cancellation takes effect:
 (a) when the person is told by the Authority of the decision and given reasons for the decision; or
 (b) if the Authority tells the person that the variation or cancellation takes effect at a later time—that time.