Document ID: chunk:federal_register_of_legislation:F2024C01007:reg:22
Version: federal_register_of_legislation:F2024C01007
Segment Type: reg
Provision Reference: reg 22
Character Range: 23763–26298

22  Decision on variation, suspension or cancellation of a licence
 (1) Subject to sections 20 and 21, the Secretary may decide to do one or more of the following in relation to an international airline licence:
 (a) vary the licence by imposing a further condition on the licence under subsection 19(2);
 (b) vary the licence by removing a condition of the licence;
 (c) suspend the licence;
 (d) cancel the licence.
Note: For review of a decision by the Secretary under this subsection, see section 23A of the Act.
 (2) If:
 (a) the Secretary takes an action mentioned in paragraph (1)(a) or (c) (the first breach); and
 (b) the Secretary later becomes satisfied that:
 (i) the licence holder is not complying with the further condition imposed on the licence; or
 (ii) the licence holder is not complying with the terms of the suspension of the licence; or
 (iii) some other reason for taking action under section 20 exists in relation to the licence holder;
the Secretary may cancel the licence under paragraph (1)(d) even if the period for fulfilling the condition, or the period of the suspension, for the first breach has not ended.
Note: For review of a decision by the Secretary under this subsection, see section 23A of the Act.

Notice of decision to vary
 (3) If the Secretary varies an international airline licence under paragraph (1)(a) or (b), the Secretary must give the licence holder notice, in writing, of:
 (a) the variation (including the reason for the variation); and
 (b) the day the variation takes effect (which must not be earlier than the day the notice is given).

Notice of decision to suspend
 (4) If the Secretary suspends an international airline licence under paragraph (1)(c), the Secretary must give the licence holder notice, in writing, of:
 (a) the decision to suspend the licence (including the reason for the suspension); and
 (b) the day the suspension takes effect (which must not be earlier than the day the notice is given); and
 (c) the period of the suspension.
 (5) The period of a suspension for any particular breach, or for a particular reason, must not be more than 6 months in total.

Notice of decision to cancel
 (6) If the Secretary cancels an international airline licence under paragraph (1)(d), the Secretary must give the licence holder notice, in writing, of:
 (a) the cancellation (including the reason for the cancellation); and
 (b) the day the cancellation takes effect (which must not be earlier than the day the notice is given).

Division 5—Compliance declarations