Document ID: chunk:federal_register_of_legislation:C2024A00104:section:505
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 505
Character Range: 706299–708810

505  Varying or revoking banning order on application

Application for variation or revocation
 (1) An entity against which a banning order has been made may apply to the Commissioner for variation or revocation of either the order or a condition to which the order is subject.
 (2) The application must:
 (a) be made in writing; and
 (b) be in a form approved by the Commissioner; and
 (c) be accompanied by any documents or information specified by the Commissioner.

Variation or revocation
 (3) After receiving the application, the Commissioner may vary or revoke the banning order or condition, or specify one or more new conditions to which the order is subject, if the Commissioner considers that it is appropriate in all the circumstances to do so.

Notice of intention not to vary or revoke as requested
 (4) If the Commissioner proposes not to vary or revoke the banning order or condition, or proposes to specify one or more new conditions to which the order is to be subject, the Commissioner must give the entity a written notice that:
 (a) sets out the reasons for the Commissioner's proposal; and
 (b) invites the entity to make written submissions on the proposal to the Commissioner within:
 (i) 14 days after receiving the notice; or
 (ii) if a shorter period is specified in the notice—that shorter period; and
 (c) informs the entity that the Commissioner may decide to proceed with the proposal after the end of that period and considering any submissions made by the entity in accordance with the invitation.
 (5) The Commissioner must consider any submissions made by the entity in accordance with the invitation.

Notice of decision
 (6) As soon as practicable after deciding whether to vary or revoke the banning order or a condition to which the order is subject, the Commissioner must give the entity a written notice that:
 (a) sets out the decision; and
 (b) sets out the reasons for the decision; and
 (c) if the order is varied or revoked—specifies the day on which the variation or revocation takes effect; and
 (d) if a condition to which the order is subject is varied—sets out the condition as varied and specifies the day on which the variation takes effect; and
 (e) if a condition to which the order is subject is revoked—specifies the day on which the revocation takes effect; and
 (f) if the order is subject to new conditions—sets out the new conditions and specifies when they take effect; and
 (g) states how the entity may apply for reconsideration of the decision.