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reg 189

Revocation and amendment in other circumstances

In force
Part 17Administrative determinations and approvals
Division 5Revocation and amendment

189 Revocation and amendment in other circumstances

(1)

This regulation applies if—

(a)

the Authority considers that a ground exists to revoke or amend an administrative determination or an approval (the proposed action); and

(b)

regulations 187 and 188 do not apply to the proposed action.

(2)

The Authority must give to the person to whom the determination applies or the approval was given a written notice that—

(a)

states what the proposed action is; and

(b)

if the proposed action is to amend the determination or approval, sets out the proposed amendment; and

(c)

sets out the ground for the proposed action; and

(d)

outlines the facts and other circumstances forming the basis for the ground; and

(e)

invites the person to state in writing, within a specified period of at least 28 days after the day when the notice is given to the person, why the proposed action should not be taken.

(3)

If, after considering any written statement made within the specified period, the Authority reasonably believes that a ground exists to take the proposed action, the Authority may—

(a)

revoke or amend the determination or approval; or

(b)

if the proposed action is to amend the determination or approval in a specified way, amend the determination or approval in that way.

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