Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:3_15ku
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 3 cl 15KU
Character Range: 196877–197940

15KU  Effect of being unaware of variation or cancellation of authority

 (1) If an authority has been varied in a way that limits its scope, this Part continues to apply to the authorised person to whom it relates as if it had not been varied in that way, for as long as the person:
 (a) is unaware of the variation; and
 (b) is not reckless about the existence of the variation.

 (2) If an authority has been cancelled, this Part continues to apply to the authorised person to whom it related as if it had not been cancelled, for as long as the person:
 (a) is unaware of the cancellation; and
 (b) is not reckless about the existence of the cancellation.

 (3) For the purposes of this section, a person is reckless about the existence of the variation or cancellation of an authority or authorisation if:
 (a) the person is aware of a substantial risk that the variation or cancellation has happened; and
 (b) having regard to the circumstances known to the person, it is unjustifiable to take the risk that the authority has not been varied or cancelled.