Document ID: chunk:federal_register_of_legislation:F2025C00189:reg:9:p2
Version: federal_register_of_legislation:F2025C00189
Segment Type: reg
Provision Reference: reg 9 (pt 2/2)
Character Range: 35258–37707

or requirements to be complied with by the holder of the permission, the Minister or an authorised person is of the opinion that any such condition or requirement is incapable of applying, or of applying without variation or modification, to the proposed assignee, the Minister or authorised person may, by writing endorsed on or annexed to the permission at the time of the giving of the consent to the assignment:
 (a) omit that condition or requirement;
 (b) vary or modify that condition or requirement to enable it to apply in relation to the assignee; or
 (c) omit the condition or requirement and substitute other conditions or requirements, being conditions or requirements that are of the same kind as the omitted condition or requirement and are not inconsistent with any other condition or requirement specified in the permission.
 (3G) Where:
 (a) the Minister or an authorised person grants a permission or 2 or more permissions in exchange for surrendered permission; and
 (b) the surrendered permission specifies conditions or requirements to be complied with by the permission;
the permission, or each permission, so granted shall specify, as conditions or requirements to be complied with by the holder of the permission:
 (c) such of the conditions or requirements referred to in paragraph (b), with or without such variation or modification as the Minister or authorised person may consider necessary for the purpose, as are capable in the circumstances of applying in relation to the holder of the permission; and
 (d) such other conditions or requirements, if any, being conditions or requirements not inconsistent with any of the conditions or requirements referred to in paragraph (c), as the Minister or authorised person may determine.
 (3H) The Minister or an authorised person shall not unreasonably refuse:
 (a) to grant a permission for the purposes of subregulation (3); or
 (b) to consent to the assignment or surrender of a permission referred to in subregulation (3B).
 (3J) Where:
 (a) a permission granted for the purposes of subregulation (3) is subject to a condition or requirement to be complied with by a person; and
 (b) the person fails to comply with the condition or requirement;
the Minister or an authorised person may revoke the permission, whether or not the person is charged with an offence against subsection 112(2B) of the Act in respect of the failure to comply with the condition or requirement.