49Authorisations may be varied or revoked

49  Authorisations may be varied or revoked

 (1) An airport environment officer may vary or revoke an authorisation granted under this Division:

 (a) if requested to do so under subsection (2); or

 (b) at the discretion of the airport environment officer;

if the airport environment officer is satisfied that in all the circumstances it is necessary or proper to do so.

 (2) The holder of an authorisation may, in writing, request an airport environment officer to vary or revoke an authorisation granted to the holder.

 (3) The request must set out:

 (a) for a variation:

 (i) the action or activity, or the class of actions or activities, for which the variation is sought; and

 (ii) the reasons why the variation is required; and

 (iii) the period for which the variation is required; and

 (b) for a revocation—the reasons why the revocation is required.

Note: Under subsection 46(2), the period for which an authorisation remains in force cannot be extended beyond 3 years by a variation under this section.

 (4) Subject to subsection (5), a variation or revocation of an authorisation is not effective until the airport environment officer notifies the holder of the authorisation, in writing, that the airport environment officer has varied or revoked the authorisation.

 (5) If an airport environment officer reasonably believes that a variation or revocation needs to take effect immediately in order to deal effectively with an emergency, then:

 (a) the airport environment officer may notify the holder of the authorisation orally that the airport environment officer has varied or revoked the authorisation; and

 (b) for a variation—the variation has effect only until the end of 48 hours after the airport environment officer notifies the holder under paragraph (a), unless the airport environment officer also notifies the holder, in writing, of the variation before the end of the 48 hours; and

 (c) for a revocation—the revocation is effective upon the oral notification.

 (6) In proceedings against a person under this instrument, the fact that an authorisation has been varied or revoked must be disregarded if:

 (a) the person is not the holder of the authorisation; and

 (b) it is established that the person did not know, and could not reasonably be expected to have known, that the authorisation has been varied or revoked.

 (7) Sections 42, 43, 47 and 48 (to the extent that they are capable of applying to a variation of an authorisation) apply for the purposes of this section as if a reference to the grant of an authorisation were a reference to a variation of an authorisation.