Document ID: chunk:federal_register_of_legislation:C2012A00194:clause:1_15jp
Version: federal_register_of_legislation:C2012A00194
Segment Type: clause
Provision Reference: sch 1 cl 15JP
Character Range: 33819–35163

15JP  Integrity testing operations—participants unaware of variation or cancellation of authority
 (1) If an integrity testing authority for an integrity testing operation is varied in a way that limits the scope of the operation, this Part continues to apply to a participant in the operation as if the authority had not been varied in that way, for so long as the participant:
 (a) is unaware of the variation; and
 (b) is not reckless about the existence of the variation.
 (2) If an integrity testing authority to conduct an integrity testing operation is cancelled, this Part continues to apply to a person who was a participant in the operation immediately before the cancellation as if the authority had not been cancelled in that way, for so long as the person:
 (a) is unaware of the cancellation; and
 (b) is not reckless about the existence of the cancellation.
 (3) For the purposes of this section, a person is reckless about the existence of the variation or cancellation of an integrity testing authority if:
 (a) the person is aware of a substantial risk that the variation or cancellation has happened; and
 (b) having regard to the circumstances known to the person, it is unjustifiable to take the risk that the authority has not been varied or cancelled.

Division 4—Integrity testing operations: disclosure of information