Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:13:p2
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 13 (pt 2/11)
Character Range: 399076–401665

offence; and section 11.5 to conspiracy to commit an offence. Under section 11.6 of the Code, a reference in a law of the Commonwealth to an offence includes the offences created by sections 11.1, 11.4 and 11.5. For offences of complicity and common purpose, and the commission of an offence by means of an innocent agency, see sections 11.2 and 11.3 of the Code.
 (2) For subregulation (1), a person is taken to have been convicted of an offence if, in the 10 years before the application is made, the person:
 (a) has been charged with, and found guilty of, the offence but discharged without conviction; or
 (b) has not been found guilty of the offence, but a court has taken the offence into account in passing sentence on the person for another offence.

17.08  Contravention of condition of permit
  A holder of a permit to which paragraph 17.01(ab), (b), (c) or (d) applies is guilty of an offence if the holder:
 (a) takes an action or omits to take an action; and
 (b) the action or omission contravenes a condition of the permit.
Penalty: 50 penalty units.
Note: For contravention of conditions of a permit to which paragraph 17.01(a) applies—see the Act, sections 203, 218, 240 and 260.

17.09  Varying or revoking conditions
 (1) The Minister may, by written notice to each holder of a permit issued by the Minister, vary or revoke a condition of the permit, or impose a further condition on the permit, in accordance with subregulation (3).
 (2) The Director may, by written notice to each holder of a permit issued by the Director, vary or revoke a condition of the permit, or impose a further condition on the permit, in accordance with subregulation (3).
 (3) However, the Minister or Director may take action under subregulation (1) or (2) only if the permit, as changed by the action, could have been issued in accordance with:
 (a) a provision of the Act mentioned in paragraph 17.01(a) or (aa); or
 (b) subregulation 17.03(1).
 (4) A holder of a permit may apply in writing for the variation or revocation of a condition of the permit.
 (5) An application under subregulation (4) must be accompanied by:
 (a) a fee in accordance with Part 18; and
 (b) for a permit to which paragraph 17.01(ab), (b), (c) or (d) applies:
 (i) the reference number given to the permit; and
 (ii) a statement of the reasons the holder thinks the condition of the permit should be varied or revoked.
 (7) If a condition of a permit must be varied, revoked or imposed to make sure that matters or circumstances, about which the Minister or Director must be satisfied when issuing the permit,