Document ID: chunk:federal_register_of_legislation:F2024C00969:reg:26
Version: federal_register_of_legislation:F2024C00969
Segment Type: reg
Provision Reference: reg 26
Character Range: 37247–39513

26  Revocation of declarations

Revocation of declarations made under subsection 18(4)
 (1) The Minister may revoke a declaration made under subsection 18(4) if the Minister reasonably believes that:
 (a) a fact or circumstance exists that, had it existed and been known to the Minister at the time the declaration was made, is likely to have resulted in the Minister refusing to make the declaration; or
 (b) the holder of the declaration has failed to give the Minister:
 (i) details of facts and circumstances in accordance with subsection 18(7); or
 (ii) information in accordance with a notice under subsection 18(8).

Revocation of declarations made under subsection 20(5)
 (2) The Minister may revoke a declaration made under subsection 20(5) if the Minister reasonably believes that:
 (a) a fact or circumstance exists that, had it existed and been known to the Minister at the time the declaration was made, is likely to have resulted in the Minister refusing to make the declaration; or
 (b) the holder of the declaration has failed to give the Minister:
 (i) details of facts and circumstances in accordance with subsection 20(7); or
 (ii) information in accordance with a notice under subsection 20(8).

Revocation of declarations made under subsection 24(4)
 (3) The Minister may revoke a declaration made under subsection 24(4) if the Minister reasonably believes that:
 (a) a fact or circumstance exists that, had it existed and been known to the Minister at the time the declaration was made, is likely to have resulted in the Minister refusing to make the declaration; or
 (b) the holder of the declaration has failed:
 (i) to comply with a request from the Minister for a report under subsection 24(6); or
 (ii) to advise the Minister in accordance with subsection 24(7).

Reasons etc. for revocation
 (4) Before the end of 7 days after a declaration is revoked, the Minister must give the holder of the declaration written notice stating:
 (a) the reasons for the revocation; and
 (b) the holder's right to have the decision reviewed by the Administrative Review Tribunal.
Note: See section 28 for review of decisions.

When revocation takes effect
 (5) A revocation takes effect 30 days after notification under subsection (4).

Part 5—Review