Document ID: chunk:federal_register_of_legislation:C2024C00639:section:44:p2
Version: federal_register_of_legislation:C2024C00639
Segment Type: section
Provision Reference: s 44 (pt 2/2)
Character Range: 71298–73187

or
 (ii) hindered a person, or prevented a person from, performing functions or exercising powers under this Act; or
 (h) the holder of the licence or any other person who participates in the management or control of the holder's export business (as provided by section 62):
 (i) made a false or misleading statement in an application under this Act; or
 (ii) gave false or misleading information or documents to the Minister or to another person performing functions or exercising powers under this Act; or
 (iii) gave false or misleading information or documents to a person under a prescribed law; or
 (i) the licence needs to be varied for any other reason prescribed by the rules.
Note: The Minister must have regard to the matters in section 175 in considering whether the holder is a fit and proper person for the purposes of paragraph (d).
 (3) The Minister must not vary the export licence unless the Minister has given a written notice to the holder of the licence in accordance with subsection (4).
 (4) The notice must:
 (a) specify each proposed variation; and
 (b) specify the grounds for each proposed variation; and
 (c) subject to subsection (5), request the holder of the export licence to give the Minister, within 14 days after the day the notice is given, a written statement showing cause why the proposed variation should not be made; and
 (d) include a statement setting out the holder's right to seek review of a decision to make the proposed variation.
 (5) The notice is not required to include the request referred to in paragraph (4)(c) if the Minister reasonably believes that the proposed variation is necessary to prevent or lessen a serious and imminent threat to human or environmental health.
 (6) Subsections (2) and (3) do not apply to a variation under:
 (a) paragraph (1)(d) to set a later expiry date for an export licence; or
 (b) paragraph (1)(e).