Document ID: chunk:federal_register_of_legislation:C2022C00333:section:41co
Version: federal_register_of_legislation:C2022C00333
Segment Type: section
Provision Reference: s 41CO
Character Range: 46282–48593

41CO  Variation of Part III authorities—timing

Variation of authority under section 41
 (1) If an authority under section 41 (the relevant section 41 authority) satisfies the condition in paragraph 41CB(4)(a), then the authority must not be varied under section 41CK until after the last application time (within the meaning of paragraph 41CB(4)(b)).

Exception to subsection (1)
 (2) Despite subsection (1), if:
 (a) a person on whom the relevant section 41 authority has been conferred applies for a rehabilitation authority; and
 (b) the Minister gives the person notice under paragraph 41CA(4)(a) of the proposed terms of the rehabilitation authority; and
 (c) the person does not agree to those proposed terms under paragraph 41CA(4)(b) within a reasonable period after that notice is given;
then the Minister may vary the relevant section 41 authority under section 41CK after the end of that reasonable period.

Variation of rehabilitation authority to extend period for which authority is in force
 (3) A rehabilitation authority must not be varied under section 41CK to extend the period for which the authority is in force until after the end of the application period (within the meaning of paragraph 41CB(5)(b)) that applies under subsection 41CB(5) in relation to a person on whom the authority has been conferred.

Exception to subsection (3)
 (4) Despite subsection (3), if:
 (a) a person on whom a rehabilitation authority (the existing rehabilitation authority) has been conferred applies for a further rehabilitation authority (the new rehabilitation authority); and
 (b) the Minister gives the person notice under paragraph 41CA(4)(a) of the proposed terms of the new rehabilitation authority; and
 (c) the person does not agree to those proposed terms under paragraph 41CA(4)(b) within a reasonable period after that notice is given;
then the Minister may, after the end of that reasonable period, vary the existing rehabilitation authority under section 41CK to extend the period for which the authority is force.

No effect on other variations
 (5) To avoid doubt, subsections (3) and (4) do not have any effect on when a variation of a rehabilitation authority may be made if the variation is not a variation under section 41CK to extend the period for which the authority is in force.