Document ID: chunk:federal_register_of_legislation:C2023A00064:clause:2_5
Version: federal_register_of_legislation:C2023A00064
Segment Type: clause
Provision Reference: sch 2 cl 5
Character Range: 21126–22560

5  At the end of section 87
Add:

Making variation or giving approval with additional conditions or variations of conditions
 (4) The Secretary may make the variation, or give the approval, with additional conditions or variations of conditions under paragraph (2)(ab) only if the Secretary reasonably believes that the additional conditions or variations of conditions are necessary:
 (a) to ensure the requirements prescribed by rules made for the purposes of paragraph 79(2)(b) will continue to be met; or
 (b) to ensure compliance with a condition of the accreditation; or
 (c) to correct a minor or technical error; or
 (d) for any other reason prescribed by the rules.
 (5) The Secretary must not make a decision under paragraph (2)(ab) unless the Secretary has given a written notice to the manager of the accredited property in accordance with subsection (6).
 (6) The written notice must:
 (a) specify each proposed additional condition or variation of a condition; and
 (b) specify the grounds for each proposed additional condition or variation of a condition; and
 (c) request the manager of the property to give the Secretary, within 14 days after the day the notice is given, a written statement showing cause why the proposed additional conditions or variations of conditions should not be made; and
 (d) include a statement setting out the manager's right to seek a review of a decision made under paragraph (2)(ab).