Conditions may be temporary
47K Conditions may be temporary
The Secretary or Authority, when imposing a condition on a licence, must consider whether the condition should be imposed on a permanent or temporary basis.
If a condition is imposed on a temporary basis (a temporary condition), it may be set to end—
on a specified date (the end date), or
when specified criteria (eligibility criteria) are met by the licensee.
A date may be specified for when a particular eligibility criteria must be met and a failure to meet the eligibility criteria by that date is a breach of the temporary condition.
The end date or eligibility criteria for a temporary condition may be varied or revoked under this division in the same way as the temporary condition may be varied or revoked.
If the end date or eligibility criteria for a temporary condition is revoked before the temporary condition ends, the temporary condition becomes a permanent condition.
An application by a licensee to vary or revoke an end date or the eligibility criteria for a temporary condition must—
be made in the way and form approved by the regulator, and
be accompanied by the application fee prescribed by the regulations, and
comply with the requirements approved by the regulator or prescribed by the regulations.
The regulations may impose requirements about applications under this section, including—
the information or particulars that must accompany an application, or
the advertising of an application, or
the waiver, remittance or postponement of application fees.
In this section—
regulator means—
for an application made to the Authority—the Authority, or
for an application made to the Secretary—the Secretary.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.