Document ID: chunk:federal_register_of_legislation:C2023A00075:clause:4_16
Version: federal_register_of_legislation:C2023A00075
Segment Type: clause
Provision Reference: sch 4 cl 16
Character Range: 93857–96171

16  Section 131‑30 in Schedule 1
Repeal the section, substitute:

131‑30  Varying or revoking a release authority

Release authority not relating to an FHSS determination
 (1) The Commissioner may decide to vary or revoke a release authority issued:
 (a) under section 131‑15; and
 (b) in relation to a determination, or assessment, mentioned in paragraph 131‑5(1)(a), (b) or (c) and given to you;
at any time before the Commissioner is given a notice under section 131‑50 relating to the release authority.

Release authority relating to an FHSS determination
 (2) For a release authority issued under section 131‑15 in relation to a *first home super saver determination given to you, the Commissioner may decide to:
 (a) vary the release authority if:
 (i) the varied release authority would be consistent with paragraph 131‑5(3)(a); and
 (ii) you satisfy paragraphs 138‑10(2)(a) and (b); or
 (b) revoke the release authority;
at any time before the Commissioner begins treating, under Division 3 of Part IIB, any credit to which you have become entitled under section 131‑65 in relation to the release authority.
 (3) The Commissioner may make a decision under subsection (2):
 (a) on the Commissioner's own initiative; or
 (b) on application by you to the Commissioner in the *approved form.
 (4) If a release authority is varied or revoked under subsection (2) at a particular time, then any entitlement under section 131‑65 you had to a credit relating to the release authority ceases at that time.
 (5) The revocation of a release authority under subsection (2) does not prevent you from making a later request under section 131‑5 in relation to the same *first home super saver determination.

Reissuing varied release authorities
 (6) If the Commissioner varies a release authority under this section at a particular time, then:
 (a) at that time, the release authority (as issued before the variation) ceases to be in force; and
 (b) the Commissioner must reissue the release authority (as varied) under section 131‑15.

Review
 (7) If you are dissatisfied with a decision under subsection (2) by the Commissioner in relation to you:
 (a) to vary or revoke a release authority; or
 (b) not to vary or revoke a release authority;
you may object against it in the manner set out in Part IVC of this Act.