Variation and revocation of scheme
323D Variation and revocation of scheme
If:
the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and
the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;
the Minister must, in writing, vary the scheme as requested.
If:
the administrator requests the Minister to revoke a scheme determined under subsection 323B(1); and
the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;
the Minister must, in writing, revoke the scheme.
The Minister may only vary or revoke the scheme in accordance with subsections (1) and (1A).
An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.
However, the Minister must not:
vary the scheme to end the administration for a branch; or
revoke the scheme;
before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.
The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.
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