Transport Operations (Marine Safety) Act 1994

This section applies if the general manager has accepted a division 3 undertaking given by a person.

The person may vary or withdraw the division 3 undertaking only if the general manager agrees to the variation or withdrawal.

The general manager may—

vary the division 3 undertaking only if the person agrees to the variation; or

withdraw the division 3 undertaking only if the general manager reasonably believes either of the following—

before the division 3 undertaking was accepted, the person contravened this Act in a way unknown to the general manager and, had the general manager known about the contravention, he or she would not have accepted the division 3 undertaking;

the division 3 undertaking is no longer necessary.

If a division 3 undertaking is varied or withdrawn under this section, the general manager must give written notice of the variation or withdrawal to the person.

The variation or withdrawal takes effect when written notice of the variation or withdrawal is given to the person.