Grounds for varying administrative determinations and approvals
182 Grounds for varying administrative determinations and approvals
An administrative determination or approval may be varied if the application for the determination or approval—
did not comply with this regulation; or
was false or misleading in a material respect.
Note Giving false or misleading information is an offence against the Criminal Code, s 338.
An administrative determination or approval may be varied if—
a relevant change has happened since the determination was made or the approval was given; and
if the change had happened earlier—
the determination would have been made in the way in which it is proposed to be varied; or
the approval would have been given in the way in which it is proposed to be varied.
An administrative determination or approval may be varied if the person on whose application the determination was made, or to whom the approval was given, is unsuitable to continue to be a person to whom the determination applies, or the approval was given, without variation because the person has contravened—
a provision of the Act; or
a provision of the law in force in another participating jurisdiction corresponding to a provision of the Act.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including this regulation (see Legislation Act, s 104).
For subsection (3), an administrative determination applying to 2 or more people may be varied by removing the name of the person who is unsuitable under that subsection, even if the person applied for the determination under section 31.
In this section:
relevant change, for a determination or approval, means a change about something that the competent authority may or must consider in deciding whether to make the determination or give the approval.
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