Document ID: chunk:federal_register_of_legislation:C2004A00931:clause:1_16a
Version: federal_register_of_legislation:C2004A00931
Segment Type: clause
Provision Reference: sch 1 cl 16A
Character Range: 17787–19277

16A  Variation, cancellation or suspension of approval

 (1) The Minister may vary, cancel or suspend an approval that a person holds under subsection 16(2):
 (a) if the Minister is satisfied that the person has contravened a condition of the approval; or
 (b) if the Minister is satisfied that the person has made a false or misleading statement in the application for the approval; or
 (c) in any other circumstances that the Minister considers appropriate.

Procedure

 (2) If the Minister considers that there may be grounds to vary, cancel or suspend the approval, the Minister must:
 (a) give the person written notice of the Minister's opinion specifying the reasons for that opinion; and
 (b) invite the person to make a written submission to the Minister about the matter within a reasonable period specified in the notice.

 (3) In deciding whether to vary, cancel or suspend the approval, the Minister must consider the matters raised in any submission received within the period specified in the notice.

Effect of suspension

 (4) If the approval is suspended, it ceases to be in force while suspended. It may be cancelled or varied even while it is suspended.

Notice

 (5) The Minister must give the person written notice of a decision under subsection (1) specifying the reasons for the decision. The decision takes effect:
 (a) on the day on which it is made; or
 (b) if the notice specifies a later day as the day on which the decision takes effect—on that later day.