Document ID: chunk:federal_register_of_legislation:C2022C00333:section:41cb
Version: federal_register_of_legislation:C2022C00333
Segment Type: section
Provision Reference: s 41CB
Character Range: 31752–34359

41CB  Application for rehabilitation authority

Who may apply
 (1) The following persons may apply in writing to the Minister for a rehabilitation authority:
 (a) a person on whom an authority under section 41 has been conferred;
 (b) a person on whom a rehabilitation authority has been conferred (whether or not an authority under section 41 has previously been conferred on the person).
 (2) There is no limit on the number of times a person or persons may apply under subsection (1).

When application may be made
 (3) Subject to subsections (4) and (5), an application under subsection (1) may be made at any time.
 (4) If:
 (a) an authority under section 41 is in force immediately before the commencement of this subsection; and
 (b) a person on whom the authority has been conferred does not apply for a rehabilitation authority under subsection (1) of this section before the following time (the last application time):
 (i) unless subparagraph (ii) of this paragraph applies—the end of the period of 18 months beginning on the day that this subsection commences;
 (ii) such later time (if any) as is determined by the Minister under subsection (6) of this section;
then the person cannot apply for a rehabilitation authority under subsection (1) of this section after the last application time.
Note: If an authority under section 41 is in force immediately before the commencement of this subsection, there are restrictions on when the authority may be varied before the last application time: see subsections 41CO(1) and (2).
 (5) If:
 (a) a rehabilitation authority specifies that the authority is to be in force for a particular period (the rehabilitation period); and
 (b) a person on whom the authority has been conferred does not apply for a further rehabilitation authority under subsection (1) within the period (the application period) that starts at the beginning of the rehabilitation period and ends:
 (i) unless subparagraph (ii) of this paragraph applies—12 months before the end of the rehabilitation period; or
 (ii) at such later time (if any) as is determined by the Minister under subsection (6);
then the person cannot apply for a further rehabilitation authority under subsection (1) after the end of the application period.
Note: There are restrictions on when, and how, a rehabilitation authority may be varied before the end of the application period: see subsections 41CO(3) and (4).
 (6) The Minister may, in writing, determine a time for the purposes of subparagraph (4)(b)(ii) or (5)(b)(ii).
 (7) A determination under subsection (6) is not a legislative instrument.