Document ID: chunk:federal_register_of_legislation:C2004A00972:clause:4_4
Version: federal_register_of_legislation:C2004A00972
Segment Type: clause
Provision Reference: sch 4 cl 4
Character Range: 12525–14403

4  Subsections 26(3) to (6)
Repeal the subsections, substitute:

 (3) If a person applies for a determination under this section, APRA must:
 (a) either make, or refuse to make, the determination; and
 (b) in the case of a refusal, give the person written notice of the refusal.

 (4) APRA may do any of the following:
 (a) when making a determination under subsection (1), specify in the determination conditions to which the determination is to be subject;
 (b) at any later time while a determination under subsection (1) is in force, make a further determination specifying conditions or additional conditions to which the determination under subsection (1) is to be subject;
 (c) at any time make a determination varying or revoking conditions that have been specified under paragraph (a) or (b).

 (5) A determination takes effect on the day on which it is made.

 (6) APRA must, as soon as practicable after a determination is made, give written notice of the making of the determination, and a copy of the determination, to the person concerned and to any affected general insurer or authorised NOHC.

 (7) A notice of a refusal to make a determination, or a notice of the making of a determination that specifies or varies conditions, must state the reasons for the refusal or for the specifying or variation of the conditions, as the case may be.

 (8) APRA may revoke a determination under this section by giving written notice to the person concerned and must give a copy of the notice to any affected general insurer or authorised NOHC.

 (9) Part VI applies to a refusal of APRA to make a determination under this section, to a determination under this section that specifies conditions, to a determination under this section that varies conditions in a way that is more onerous on the person concerned or to the revocation of a determination under this section.