Document ID: chunk:federal_register_of_legislation:C2025C00022:section:298a
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 298A
Character Range: 499434–501811

298A  Application for variation of authorisation
 (1) A person who is a third party authorised officer may apply to the Secretary to:
 (a) vary the functions that the person may perform, or the powers that the person may exercise, as a third party authorised officer under this Act; or
 (b) vary any conditions to which the person's authorisation is subject under paragraph 292(1)(b) (including by imposing new conditions); or
 (c) vary any other aspect of the person's authorisation.

Requirements for applications
 (2) An application under subsection (1) must:
 (a) if the Secretary has approved, in writing, a manner for making an application—be made in an approved manner; and
 (b) if the Secretary has approved a form for making an application:
 (i) include the information required by the form; and
 (ii) be accompanied by any documents required by the form; and
 (c) include the information (if any) prescribed by the rules; and
 (d) be accompanied by any documents prescribed by the rules.
Note: A person may commit an offence or be liable to a civil penalty if the person makes a false or misleading statement in an application or provides false or misleading information or documents (see sections 136.1, 137.1 and 137.2 of the Criminal Code and sections 367, 368 and 369 of this Act).
 (3) An application is taken not to have been made if the application does not comply with the requirements referred to in subsection (2).

Secretary must decide whether to make variation
 (4) If the Secretary receives an application made under subsection (1) to make a variation, the Secretary must decide:
 (a) to make the variation; or
 (b) to refuse to make the variation.
Note: A decision to refuse to make the variation is a reviewable decision (see Part 2 of Chapter 11) and the Secretary must give the applicant written notice of the decision (see section 382).
 (5) The Secretary may make the variation if the Secretary is satisfied, having regard to any matter that the Secretary considers relevant, that it is appropriate to make the variation.

Notice of decision
 (6) If the Secretary makes a variation under paragraph (4)(a) in relation to the person's authorisation as a third party authorised officer, the Secretary must:
 (a) vary the person's instrument of authorisation to include the variation; and
 (b) give the person the varied instrument of authorisation.