35HVariation of NEPT licence

35H Variation of NEPT licence

[Section 35H Inserted by No. 73 of 2013, s. 25, Applied:01 Jul 2014]

(1)  The Secretary may, either on the application of the holder of an NEPT licence or on the Secretary's own initiative –

(a) vary an NEPT licence, including varying the licence to impose, or revoke, a condition on the licence, other than a condition imposed by this Act or prescribed in the regulations; or

(b) vary a condition on an NEPT licence, other than a condition imposed by this Act or prescribed in the regulations.

(2)  If the holder of an NEPT licence applies under subsection (1) for a variation of the NEPT licence, the application –

(a) is to be in a form approved by the Secretary; and

(b) must be accompanied by the prescribed fee.

(3)  If the Secretary intends to vary an NEPT licence or a condition on an NEPT licence under subsection (1) on the Secretary's own initiative, the Secretary –

(a) is to notify the holder of the NEPT licence in writing of the proposed variation; and

(b) is to specify in the written notice a period of time, of not less than 14 days, in which the holder of the NEPT licence may make submissions in respect of the variation.

(4)  The Secretary must not vary an NEPT licence, or a condition on an NEPT licence, under subsection (1) unless the Secretary –

(a) has considered the matters specified in section 35B(2) in respect of the variation and the licence generally; and

(b) is satisfied that the variation will not negatively affect the quality of the non-emergency patient transport services provided, or to be provided, under the licence.

(5)  If an NEPT licence, or a condition of an NEPT licence, is varied under this section –

(a) the Secretary is to –