Document ID: chunk:federal_register_of_legislation:C2006A00131:clause:1_95azl:p2
Version: federal_register_of_legislation:C2006A00131
Segment Type: clause
Provision Reference: sch 1 cl 95AZL (pt 2/3)
Character Range: 61754–64557

notice under that subsection (as that subsection applies because of subsection (13) of this section); and
 (d) any information obtained from consultations under subsection 95AZD(2) (as that subsection applies because of subsection (13) of this section); and
 (e) the report given to it under section 95AZEA (as that section applies because of subsection (13) of this section); and
 (f) any thing done as mentioned in section 95AZF (as that section applies because of subsection (13) of this section).

 (6B) In making its determination, the Tribunal may disregard:
 (a) any submissions received after the period specified under subsection (5); and
 (b) any information received under section 95AZC after the period specified in the relevant notice under that section (as that section applies because of subsection (13) of this section); and
 (c) any information received under subsection 95AZD(1) after the period specified in the relevant notice under that subsection (as that subsection applies because of subsection (13) of this section).

When variation must not be granted

 (7) The Tribunal must not make a determination varying an authorisation unless the Tribunal is satisfied that, in all the circumstances, the variation would not result, or would be likely not to result, in a reduction in the benefit to the public that arose from the original authorisation.

Determination varying authorisation may also vary authorisation conditions

 (7A) A determination varying an authorisation may also vary the conditions (if any) of the authorisation to take account of the variation of the authorisation.

Time limits for determining application

 (8) If the Tribunal has not made a determination on the application within the relevant period, the Tribunal is taken to have refused to vary the authorisation.

 (9) For the purposes of subsection (8), the relevant period is the period of 3 months beginning on the day the application was given to the Tribunal. However, if before the end of that 3 month period the Tribunal determines in writing that:
 (a) the matter cannot be dealt with properly within that period, either because of its complexity or because of other special circumstances; and
 (b) that period is extended by a specified period of not more than 3 months;
the relevant period is that period as so extended.

 (10) If the Tribunal makes a determination under subsection (9), it must notify the applicant in writing of its determination before the end of that 3 month period.

2 or more variations at the same time

 (11) If:
 (a) a person applies for 2 or more variations:
 (i) at the same time; or
 (ii) in such close succession that the variations could conveniently be dealt with by the Tribunal at the same time; and
 (b) the Tribunal is satisfied that the combined effect