Document ID: chunk:federal_register_of_legislation:F2024C01008:reg:236
Version: federal_register_of_legislation:F2024C01008
Segment Type: reg
Provision Reference: reg 236
Character Range: 154387–156582

236  Variation of non‑QPS permits

Changes in relation to nominated non‑QPS suppliers
 (1) A non‑QPS permit holder may apply for the variation of the permit:
 (a) to cover one or more new nominated non‑QPS suppliers; or
 (b) to remove coverage of one or more nominated non‑QPS suppliers; or
 (c) to change, remove or include details of a nominated non‑QPS supplier covered by the permit.
 (2) The application must:
 (a) be made in an approved form; and
 (b) be signed by the permit holder; and
 (c) be given to the Minister.
 (3) The Minister:
 (a) may ask the applicant for any further information in relation to the application the Minister considers reasonably necessary; and
 (b) need not consider, or further consider, the application until such information is provided.
 (4) On application under this regulation, the Minister must, by notice in writing to the applicant:
 (a) vary the permit in accordance with the application, with effect from a date specified in the notice; or
 (b) refuse to vary the permit.
 (5) If the Minister refuses to vary the permit, or varies the permit with effect from a date other than that applied for, the notice under subregulation (4) must include a statement of:
 (a) the reasons for the decision; and
 (b) the effect of regulation 238 (non‑QPS permits—review of decisions).

Variations initiated by the Minister
 (6) The Minister may, by notice in writing to a non‑QPS permit holder, vary the permit with effect from a date specified in the notice:
 (a) in any of the ways mentioned in subregulation (1) in relation to one or more nominated non‑QPS suppliers; or
 (b) to change the permit holder's allocated amount; or
 (c) to change, include or remove a condition under paragraph 235(5)(b) or (c).
 (7) The notice under subregulation (6) must include a statement of:
 (a) the reasons for the decision; and
 (b) the effect of regulation 238 (non‑QPS permits—review of decisions).

Criteria for variation
 (8) The Minister may vary a non‑QPS permit under this regulation only if:
 (a) the Minister considers it appropriate in the circumstances; and
 (b) the variation would not be inconsistent with Australia's obligations under the Montreal Protocol.