Document ID: chunk:federal_register_of_legislation:C2025C00012:clause:1_1233n
Version: federal_register_of_legislation:C2025C00012
Segment Type: clause
Provision Reference: sch 1 cl 1233N
Character Range: 195166–196449

1233N  Variations of proportional allocation of liabilities
 (1) The corporate director may vary a determination made under section 1233M if it is necessary to do so to ensure that the determination remains operative for the purposes of subsection 1233M(4).
 (2) If, as a result of a change in circumstances, a determination has or will become inoperative, the corporate director must vary the determination as soon as is practicable.
Note: The variation may take effect retrospectively to make operative a determination that has become inoperative: see paragraph (3)(b).
 (3) The variation:
 (a) must be fair and reasonable in the circumstances and having regard to:
 (i) the matters referred to in paragraph 1233L(1)(b); and
 (ii) the time at which it starts to apply; and
 (b) must specify the time at which it starts to apply, which may be earlier or later than the time at which the variation is made; and
 (c) must result in the liability being wholly allocated; and
 (d) must be made in writing.

Effect of variation
 (4) The variation takes effect from the time at which it starts to apply.

Fault‑based offences
 (5) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (2); and
 (b) the person fails to comply with the requirement.