91CRevocation of an authorisation and substitution of a replacement

91C Revocation of an authorisation and substitution of a replacement

(1) A person to whom an authorisation was granted, or another person on behalf of such a person, may apply to the Commission for a revocation of the authorisation and the substitution of a new authorisation for the one revoked.

(2) On receipt of such an application, the Commission must, by notice in writing given to any persons who appear to the Commission to be interested:

(a) indicate that the revocation of the authorisation, and the substitution of another authorisation for it, has been applied for; and

(b) indicate the basis upon which the revocation and substitution has been applied for and the nature of the substituted authorisation so applied for; and

(c) invite submissions in respect of the revocation and substitution within a period specified by the Commission.

Note: Alternatively, the Commission may rely on consultations undertaken by the AEMC: see section 90B.

(3) If, at any time after granting an authorisation, it appears to the Commission that:

(a) the authorisation was granted on the basis of evidence or information that was false or misleading in a material particular; or

(b) a condition to which the authorisation was expressed to be subject has not been complied with; or

(c) there has been a material change of circumstances since the authorisation was granted;

the Commission may, by notice in writing given to any persons who appear to be interested:

(d) inform those persons that it is considering the revocation of the authorisation and the substitution of a new authorisation; and

(e) indicate the basis on which the revocation and substitution is being proposed and the nature of the substituted authorisation proposed; and

(f) invite submissions in respect of the proposed action within a period specified by the Commission.

(3A) Subsection 90(6) (other than paragraph 90(6)(a)) applies in relation to an application for a revocation and substitution of an authorisation in a corresponding way to the way in which it applies in relation to an application for an authorisation.

(3B) Subsection 90(6) (other than paragraphs 90(6)(a) and (b)) applies in relation to a proposal for a revocation and substitution of an authorisation in a corresponding way to the way in which it applies in relation to an application for an authorisation.

(4) The Commission may make a determination in writing revoking the authorisation and granting a substitute authorisation that it considers appropriate, or deciding not to revoke the authorisation, after taking into account the following:

(a) if subsection (2) applies—the application;