Document ID: chunk:federal_register_of_legislation:C2006A00131:clause:1_95azl:p1
Version: federal_register_of_legislation:C2006A00131
Segment Type: clause
Provision Reference: sch 1 cl 95AZL (pt 1/3)
Character Range: 59160–62027

95AZL  Minor variations of authorisations

Application for variation

 (1) The person to whom an authorisation was granted may apply to the Tribunal for a minor variation of the authorisation.

Requirements for valid application

 (2) To be valid, the application must:
 (a) be in a form prescribed by the regulations and contain the information required by the form; and
 (b) be accompanied by such other information or documents as are prescribed by the regulations; and
 (c) be accompanied by the fee (if any) prescribed by the regulations.

 (2A) The regulations may prescribe that the application form contain a requirement that the applicant give an undertaking under section 87B that the applicant will not make the acquisition while the application is being considered by the Tribunal.

Tribunal to notify if application is invalid

 (3) If the Tribunal receives a purported application that it considers is not a valid application, it must, within 5 business days of receiving the purported application, give the person who made the purported application a written notice:
 (a) stating that the person has not made a valid application; and
 (b) giving reasons why the purported application does not comply with this Division.

Tribunal to give the Commission a copy of the application

 (4) The Tribunal must, if it is satisfied that the variation sought in the application is a minor variation, give a copy of it to the Commission within 3 business days of receiving it.

Application to be published on the Internet

 (5) After receiving a copy of the application, the Commission must:
 (a) subject to section 95AZA (confidentiality), put a copy of the application on its website; and
 (b) by notice on its website, invite submissions in respect of the application to be made to the Tribunal within a period specified by the Tribunal.

Tribunal must make a determination on the application

 (6) The Tribunal must make a determination in writing:
 (a) varying the authorisation; or
 (b) refusing to vary the authorisation.
The Tribunal must notify the applicant in writing of its determination and give written reasons for it.

 (6A) In making its determination, the Tribunal must take into account:
 (a) any submissions received within the period specified under subsection (5); and
 (b) any information received under section 95AZC within the period specified in the relevant notice under that section (as that section applies because of subsection (13) of this section); and
 (c) any information received under subsection 95AZD(1) within the period specified in the relevant notice under that subsection (as that subsection applies because of subsection (13) of this section); and
 (d) any information obtained from consultations under subsection 95AZD(2) (as that subsection applies because of subsection (13) of this section); and
 (e) the report