Document ID: chunk:federal_register_of_legislation:F2024C01009:reg:82
Version: federal_register_of_legislation:F2024C01009
Segment Type: reg
Provision Reference: reg 82
Character Range: 82720–84837

82  Cancellation, variation and withdrawal of instruments
 (1) The Chief Metrologist must give the instrument holder written notice that:
 (a) if the Chief Metrologist proposes to vary the instrument—tells the instrument holder of the proposed variation; and
 (b) if the Chief Metrologist proposes to cancel or withdraw the instrument—tells the instrument holder of the proposed cancellation or withdrawal; and
 (c) states the ground for the proposed variation, cancellation or withdrawal; and
 (d) outlines the facts and other circumstances forming the basis for the view that the ground exists; and
 (e) invites the instrument holder to state in writing to the Chief Metrologist, within a stated period of at least 28 days after the notice is given to the instrument holder, why the instrument should not be varied, cancelled or withdrawn as proposed by the Chief Metrologist (the proposed action).
 (2) The Chief Metrologist may take the proposed action before giving the invitation mentioned in paragraph (1)(e) if the Chief Metrologist considers that it is necessary to do so.
 (3) If, after considering any written statement made to the Chief Metrologist by the instrument holder within the stated period, there are reasonable grounds for considering that a ground exists to take the proposed action, the Chief Metrologist may:
 (a) if the proposed action is to vary the instrument in a stated way—vary the instrument in that way; or
 (b) if the proposed action is to cancel the instrument—cancel the instrument or vary it in any way; or
 (c) if the proposed action is to withdraw the approval—withdraw the approval.
 (4) If the Chief Metrologist varies, cancels or withdraws the instrument, the Chief Metrologist:
 (a) must tell the instrument holder in writing of the decision, give the holder written reasons for the decision, and tell the holder that the holder may apply to have the decision reconsidered; and
 (b) may give written notice of the variation, cancellation or withdrawal to anyone else whom the Chief Metrologist considers should be given notice of the variation, cancellation or withdrawal.