Document ID: chunk:federal_register_of_legislation:C2025C00022:section:159
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 159
Character Range: 290678–292278

159  Holder may make non‑significant variations of approved arrangement
 (1) The holder of an approved arrangement may implement a variation, or 2 or more variations, of the approved arrangement if:
 (a) the variation is, or the variations are, not an alternative regulatory arrangement within the meaning of subsection 379B(1); and
 (b) the holder and the Secretary consider that the variation, or the combined effect of the variations, is not significant (having regard to the matters referred to in section 164).
 (2) If the holder of an approved arrangement implements one or more variations of the approved arrangement under subsection (1), the holder must, as soon as practicable after doing so, make a written record of each variation (by varying the text of the approved arrangement or creating a separate document) and the reasons for the variation.
Note: The Secretary may suspend or revoke the approved arrangement if the holder contravenes this subsection (see paragraphs 171(1)(k) and 179(1)(k)).
 (3) If:
 (a) the holder of an approved arrangement implements a variation of the approved arrangement under subsection (1); and
 (b) the holder makes a written record of the variation as required by subsection (2);
then, despite any other provision of this Act, a person does not commit an offence, and is not liable to a civil penalty, only because the variation was implemented before the written record was made.

Civil penalty provision
 (4) The holder of an approved arrangement is liable to a civil penalty if the holder contravenes subsection (2).
Civil penalty: 60 penalty units.