Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_76:p1
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 76 (pt 1/2)
Character Range: 139549–142223

76  Variation or cancellation of approval—without application
 (1) The Authority may vary an approval, without receiving an application, if the Authority is reasonably satisfied that 1 of the following grounds exists:
 (a) that the application for the approval was false or misleading in a material respect, but the circumstances do not require its cancellation;
 (b) that:
 (i) since the approval was given, a change has happened in relation to something that the Authority must consider in deciding whether to give an approval of that kind; and
 (ii) the approval would have been given as it is proposed to be varied if the change had happened before the approval was given.
 (2) The Authority may cancel an approval, without receiving an application, if the Authority is reasonably satisfied that 1 of the following grounds exists:
 (a) that the application for the approval was false or misleading in a material respect;
 (b) that:
 (i) since the approval was given, a change has happened in relation to something that the Authority must consider in deciding whether to give an approval of that kind; and
 (ii) the approval would not have been given if the change had happened before the approval was given.
 (3) If the Authority is satisfied that a ground exists to vary or cancel an approval, the Authority must give the person who holds the approval a written notice that:
 (a) states the proposed variation or cancellation; and
 (b) states the ground for the proposed variation or cancellation; and
 (c) outlines the facts and other circumstances forming the basis for the ground; and
 (d) invites the person to state in writing, within a specified time of at least 14 days after the notice is given to the person, why the approval should not be varied or cancelled.
 (4) If, after considering any written statement made within the specified 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 approval in a stated way—vary the approval in that way; and
 (b) if the proposed action is to cancel the approval—cancel the approval, or vary the approval in any way.
 (5) The Authority must give the person written notice of the Authority's decision.
 (6) If the Authority decides to vary or cancel the approval, the Authority must also give the person a written notice that states:
 (a) the reasons for the decision; and
 (b) that the person may apply to have the decision reconsidered.
 (7) The variation or cancellation takes effect:
 (a) when written notice of the decision, and the reasons for the decision, is given to the person; or
 (b) at a later time stated