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reg 182

Grounds for amending administrative determinations and approvals

In force
Part 17Administrative determinations and approvals
Division 1General

182 Grounds for amending administrative determinations and approvals

(1)

An administrative determination or approval may be amended if the application for the determination or approval—

(a)

did not comply with these Regulations; or

(b)

was false or misleading in a material respect.

(2)

An administrative determination or approval may be amended if—

(a)

a relevant change has happened since the determination was made or the approval was given; and

(b)

if the relevant change had happened earlier—

(i)

the determination would have been made in the way in which it is proposed to be amended; or

(ii)

the approval would have been given in the way in which it is proposed to be amended.

(3)

An administrative determination or approval may be amended 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 amendment because the person has contravened—

(a)

a provision of the Act or these Regulations; or

(b)

a provision of the law in force in another participating jurisdiction corresponding to a provision mentioned in paragraph (a).

(4)

In the case of an administrative determination or approval that applies to more than one person, the Authority may amend the determination or approval by removing the name of a person who is unsuitable to be a person to whom the determination or approval applies, including the person who applied for the determination or approval.

(5)

In subregulation (2)—

relevant change means a change to something that the Authority considered in deciding whether to make the determination or give the approval.

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