Building Products (Safety) Act 2017
87Permits
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87 Permits
87 Permits
(1) The Secretary may, by instrument in writing, issue a permit to a person that authorises the person to engage in any specified conduct.
(2) A person is not guilty of an offence against this Act or the regulations if the person was authorised to engage in the conduct alleged to constitute the offence by a permit in force under this Act. A permit does not authorise a contravention of any other Act.
(3) A permit is subject to any conditions imposed by the Secretary.
(4) Conditions may be imposed—
(a) at the time of granting the permit, or
(b) at any other time by variation to the permit.
(5) The Secretary may, at any time, vary a permit by notice in writing to the permit holder.
(6) A variation includes the imposition of new conditions on a permit, the substitution of a condition, or the omission or amendment of a condition.
(7) A person who contravenes a condition of a permit is guilty of an offence.
Maximum penalty—100 penalty units.
(8) A permit remains in force for the period specified in the permit, unless sooner revoked by the Secretary.
(9) If no period in which the permit remains in force is specified in the permit, the permit remains in force until it is revoked by the Secretary.
(10) The Secretary may, by notice in writing to a permit holder, revoke a permit—
(a) if the Secretary is of the opinion that the permit holder has contravened a provision of this Act or the regulations, or
(b) if the Secretary is of the opinion that the permit holder is not a suitable person to engage in the conduct authorised by the permit, or
(c) on any other grounds prescribed by the regulations.
(11) The regulations may make further provision for permits including by providing for any of the following—
(a) applications for permits or for variations to permits,
(b) eligibility criteria for permits,