Variation of manufacture licences and manufacture permits
13 Variation of manufacture licences and manufacture permits
The Secretary may vary a manufacture licence, or a manufacture permit that relates to a manufacture licence, by notice in writing given to the licence holder:
at any time, on the Secretary’s own initiative; or
on application by the licence holder.
For requirements for a notice of a decision under paragraph (1)(a) to vary a manufacture licence or manufacture permit, see section 15F.
The Secretary may vary a manufacture licence or a manufacture permit if the Secretary considers it appropriate in all the circumstances to do so.
Despite subsection (2), the Secretary must not vary a manufacture licence or a manufacture permit if:
the Secretary is satisfied on reasonable grounds that the variation of the licence or permit would not be consistent with Australia’s obligations under the Convention; or
the Secretary is satisfied on reasonable grounds that one or more circumstances exist that are prescribed by the regulations as circumstances in which a licence or permit must not be varied; or
if an application was made for the variation:
the application fee (if any) has not been paid; or
the applicant has not complied with a requirement under subsection 14J(1) (additional information) in relation to the application.
Without limiting subsection (1), the Secretary may:
vary a manufacture licence to impose licence conditions or additional licence conditions; or
vary a manufacture licence to remove or vary licence conditions that were imposed by the Secretary under section 11L or this section; or
vary a manufacture licence to extend, modify or reduce the activities authorised by the licence; or
vary the persons authorised by the licence to engage in activities authorised by the licence.
If the Secretary decides to vary a manufacture licence or a manufacture permit to which the licence relates, the Secretary must give the licence or permit as varied to the licence holder.
A variation of a manufacture licence or a manufacture permit takes effect on the day specified in the notice under subsection (1).
This Act’s bill:Second reading speech
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