Document ID: chunk:federal_register_of_legislation:C2004A00908:clause:1_15pa
Version: federal_register_of_legislation:C2004A00908
Segment Type: clause
Provision Reference: sch 1 cl 15PA
Character Range: 23712–25160

15PA  Effect of being unaware etc. of variation, surrender, termination or expiry of certificate

 (1) If a certificate given under section 15M has been varied in a way that limits the scope of the certificate, sections 15I and 15IA continue to apply to a person whose conduct is covered by the certificate, as if the certificate had not been varied in that way, for so long as he or she:
 (a) is unaware of the variation; and
 (b) is not reckless with respect to the existence of the variation.

 (2) If a certificate given under section 15M ceases to be in force because:
 (a) it has been surrendered or terminated; or
 (b) it has expired at the end of the period of 3 months after the day on which it was given;
sections 15I and 15IA continue to apply to a person whose conduct is covered by the certificate, as if there had been no surrender, termination or expiry, for so long as he or she:
 (c) is unaware of the surrender, termination or expiry; and
 (d) is not reckless with respect to the existence of the surrender, termination or expiry.

 (3) For the purposes of this section, a person is reckless with respect to the existence of the variation, surrender, termination or expiry of a certificate given under section 15M if:
 (a) he or she is aware of a substantial risk that the variation, surrender, termination or expiry existed; and
 (b) having regard to the circumstances known to him or her, it is unjustifiable to take the risk.