68Variation or revocation of conditional Ministerial exemption

68  Variation or revocation of conditional Ministerial exemption

 (1) The Energy Minister may, in writing, vary or revoke a conditional Ministerial exemption granted in relation to a person or more than one person if:

 (a) the Energy Minister receives an application under section 66 from:

 (i) that person; or

 (ii) one of those persons; and

 (b) both of the following apply:

  (i) the Energy Minister has given all of those persons a notice under section 69 in relation to the variation or revocation;

 (ii) 14 business days has passed since that notice was given; and

 (c) the Energy Minister is satisfied that it is appropriate to make the variation or revocation; and

 (d) the Resources Minister is satisfied that it is appropriate to make the variation or revocation.

Note: The Energy Minister cannot exercise a power under this subsection unless the Resources Minister is satisfied of the matter mentioned in paragraph (d).

 (2) Paragraph (1)(a) does not apply if the Energy Minister reasonably considers that a person specified in the conditional Ministerial exemption:

 (a) has contravened, or is contravening, a condition to which the conditional Ministerial exemption is subject; or

 (b) has contravened, or is contravening a provision of the Act or this instrument.

 (3) Paragraph (1)(a) does not apply in the case of a variation that is of a minor or technical nature.

 (4) Paragraph (1)(b) does not apply if the Energy Minister reasonably considers that the variation or revocation is necessary to address exceptional circumstances.

 (5) Subsections 61(4), (5), (6) and (7) apply in relation to the variation or revocation of a conditional Ministerial exemption under subsection (1) in the same way that they apply in relation to the grant of a conditional Ministerial exemption.