Document ID: chunk:federal_register_of_legislation:C2016A00012:clause:1_13
Version: federal_register_of_legislation:C2016A00012
Segment Type: clause
Provision Reference: sch 1 cl 13
Character Range: 95970–98166

13  Variation of manufacture licences and manufacture permits
 (1) The Secretary may vary a manufacture licence, or a manufacture permit that relates to a manufacture licence, by notice in writing given to the licence holder:
 (a) at any time, on the Secretary's own initiative; or
 (b) on application by the licence holder.
Note: For requirements for a notice of a decision under paragraph (1)(a) to vary a manufacture licence or manufacture permit, see section 15F.
 (2) The Secretary may vary a manufacture licence or a manufacture permit if the Secretary considers it appropriate in all the circumstances to do so.
 (3) Despite subsection (2), the Secretary must not vary a manufacture licence or a manufacture permit if:
 (a) the Secretary is satisfied on reasonable grounds that the variation of the licence or permit would not be consistent with Australia's obligations under the Convention; or
 (b) the Secretary is satisfied on reasonable grounds that one or more circumstances exist that are prescribed by the regulations as circumstances in which a licence or permit must not be varied; or
 (c) if an application was made for the variation:
 (i) the application fee (if any) has not been paid; or
 (ii) the applicant has not complied with a requirement under subsection 14J(1) (additional information) in relation to the application.
 (4) Without limiting subsection (1), the Secretary may:
 (a) vary a manufacture licence to impose licence conditions or additional licence conditions; or
 (b) vary a manufacture licence to remove or vary licence conditions that were imposed by the Secretary under section 11L or paragraph (a) of this subsection; or
 (c) vary a manufacture licence to extend, modify or reduce the activities authorised by the licence; or
 (d) vary the persons authorised by the licence to engage in activities authorised by the licence.
 (5) If the Secretary decides to vary a manufacture licence or a manufacture permit to which the licence relates, the Secretary must give the licence or permit as varied to the licence holder.
 (6) A variation of a manufacture licence or a manufacture permit takes effect on the day specified in the notice under subsection (1).