Document ID: chunk:federal_register_of_legislation:C2007A00099:clause:1_72e
Version: federal_register_of_legislation:C2007A00099
Segment Type: clause
Provision Reference: sch 1 cl 72E
Character Range: 16182–18191

72E  Variation, suspension and revocation of emergency dealing determination

 (1) The Minister may, by legislative instrument, vary the conditions to which an emergency dealing determination is subject, including by imposing new conditions.

 (2) The Minister may, by legislative instrument, suspend or revoke an emergency dealing determination if:
 (a) the Minister becomes aware of risks to the health and safety of people, or to the environment, associated with the continuation of the dealings authorised by the emergency dealing determination, and is satisfied that adequate measures to address those risks are not able to be implemented; or
 (b) the Minister is satisfied that the threat to which the emergency dealing determination relates:
 (i) no longer exists; or
 (ii) is no longer sufficiently actual or imminent as to require the determination to be in force to address that threat; or
 (c) the Minister is no longer satisfied that the dealings specified in the emergency dealing determination adequately address the threat.

 (3) The Minister must not:
 (a) vary an emergency dealing determination (unless the variation is of a minor technical nature); or
 (b) suspend or revoke an emergency dealing determination;
unless the States have been consulted in relation to the variation, suspension or revocation, as the case requires.

 (4) A variation, suspension or revocation of an emergency dealing determination takes effect:
 (a) if the Minister states in the variation, suspension or revocation that the variation, suspension or revocation is necessary to prevent imminent risk of death, serious illness, serious injury or serious environmental damage—on the day on which the variation, suspension or revocation is made; or
 (b) in any other case—on the day specified by the Minister in the variation, suspension or revocation.

 (5) The day specified as mentioned in paragraph (4)(b) must not be earlier than 30 days after the day on which the variation, suspension or revocation is made.