Document ID: chunk:federal_register_of_legislation:C2004A00931:clause:1_21e
Version: federal_register_of_legislation:C2004A00931
Segment Type: clause
Provision Reference: sch 1 cl 21E
Character Range: 24943–27028

21E  Variation, cancellation or suspension of approval

Variation

 (1) The Minister may, on his or her own initiative or on application by the holder of an approval under section 21B, vary such an approval.

 (2) Such an application must be made in accordance with the regulations.

 (3) The Minister may, by writing, request the applicant to give the Minister, within the period specified in the request, further information about the application.

 (4) The Minister may refuse to consider the application until the applicant gives the Minister the information in accordance with the request.

Cancellation or suspension

 (5) The Minister may cancel or suspend an approval under section 21B:
 (a) if the Minister is satisfied that its holder has contravened a condition of the approval; or
 (b) if the Minister is satisfied that its holder no longer complies with the criteria referred to in subsection 21B(1); or
 (c) in any other circumstances that the Minister considers appropriate.

Procedure

 (6) If the Minister considers that there may be grounds to:
 (a) make a decision under subsection (1) (other than at the holder's request); or
 (b) make a decision under subsection (5);
the Minister must:
 (c) give the holder written notice of the Minister's opinion specifying the reasons for that opinion; and
 (d) invite the holder to make a written submission to the Minister about the matter within a reasonable period specified in the notice.

 (7) In deciding whether to make a decision under subsection (1) or (5), the Minister must consider the matters raised in any submission received within the period specified in the notice.

Effect of suspension

 (8) 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

 (9) The Minister must give the holder written notice of a decision under subsection (1) or (5). 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.