73The Secretary may vary, revoke or impose new conditions

73 The Secretary may vary, revoke or impose new conditions

S. 73(1) amended by No. 49/2019 s. 140(Sch. 2 item 53(a)(i)).

(1) The Secretary may at any time on its own initiative or on the written application of the holder of the accreditation under this Part—

S. 73(1)(a) amended by No. 49/2019 s. 140(Sch. 2 item 53(a)(ii)).

(a) vary or revoke a condition imposed by the Secretary on an accreditation under this Part; or

(b) impose a new condition on an accreditation under this Part.

S. 73(2) amended by No. 49/2019 s. 140(Sch. 2 item 53(b)).

(2) If the Secretary decides on its own initiative to take action under subsection (1), the Secretary must—

S. 73(2)(a) amended by No. 49/2019 s. 140(Sch. 2 item 53(b)).

(a) give the holder of the accreditation under this Part written notice of the action that the Secretary is considering taking; and

S. 73(2)(b) amended by No. 49/2019 s. 140(Sch. 2 item 53(b)).

(b) allow the holder of the accreditation under this Part to make written representations about the intended action within 10 business days of receiving the notice (or any other period that the Secretary and the accredited person agree on); and

(c) consider any submission that was made by the holder of the accreditation within the period set out in paragraph (b).

S. 73(3) amended by No. 49/2019 s. 140(Sch. 2 item 53(b)).

(3) Subsection (2) does not apply if the Secretary considers it necessary to take immediate action in the interests of public safety.

S. 73(4) amended by No. 49/2019 s. 140(Sch. 2 item 53(c)(i)).

(4) The Secretary must, in writing—

(a) give to the holder of the accreditation under this Part—

S. 73(4)(b) amended by No. 49/2019 s. 140(Sch. 2 item 53(c)(ii)).

(b) notify the holder of the accreditation under this Part that the person has a right to seek review of the Secretary's decision under section 88.