Document ID: chunk:federal_register_of_legislation:C2024C00639:section:44:p1
Version: federal_register_of_legislation:C2024C00639
Segment Type: section
Provision Reference: s 44 (pt 1/2)
Character Range: 68949–71534

44  Minister may vary export licence
 (1) The Minister may do any of the following in relation to an export licence:
 (a) vary the conditions of the licence (including by imposing new conditions);
 (b) vary the licence in relation to any of the following matters (including by adding or removing any of those matters):
 (i) kinds of regulated waste material;
 (ii) kinds of export operations;
 (iii) if applicable, places to which regulated waste material may be exported;
 (c) if the licence is expressed to remain in force until a specified event occurs—vary the licence by varying the specified event (which must not occur more than 3 years after the day the licence took effect);
 (d) if there is an expiry date for the licence (whether under paragraph 37(4)(a) or (b))—vary the licence by setting a different expiry date for the licence (which must not be more than 3 years after the day the licence took effect);
 (e) vary the licence to make a minor change to a matter stated in the licence (including to correct a minor or technical error);
 (f) vary any other aspect of the licence.
Note: Certain decisions under this subsection are reviewable decisions (see section 151).
 (2) The Minister may vary the export licence only if the Minister reasonably believes that:
 (a) a condition of the licence has been, or is being, contravened; or
 (b) it is necessary to do so to ensure compliance with the requirements of this Act in relation to the regulated waste material and the export operations covered by the licence; or
 (c) it is necessary to do so to prevent or lessen a threat to human or environmental health; or
 (d) the holder is not a fit and proper person; or
 (e) it is necessary to do so:
 (i) to take account of an event notified under section 61; or
 (ii) to correct a minor or technical error; or
 (f) the holder of the licence:
 (i) failed to comply with a direction given to the holder by an authorised officer or the Minister; or
 (ii) failed to comply with a request by an authorised officer to provide information or a document; or
 (iii) failed to provide facilities and assistance to an auditor as required by section 115; or
 (iv) failed to comply with a request made by an auditor under section 113; or
 (g) the holder of the licence:
 (i) intimidated a person performing functions or exercising powers under this Act; or
 (ii) hindered a person, or prevented a person from, performing functions or exercising powers under this Act; or
 (h) the holder of the licence or any other person who participates in the management or control of the holder's export