189Grounds for varying administrative determinations and approvals

189 Grounds for varying administrative determinations and approvals

(1)  An administrative determination or approval may be varied if the application for the determination or approval –

(a) did not comply with these regulations; or

(b) was false or misleading in a material respect.

(2)  An administrative determination or approval may be varied if –

(a) a relevant change has happened since the determination was made or the approval was given; and

(b) if the change had happened before the determination was made or the approval was given –

(i) the determination would have been made in the way in which it is proposed to be varied; or

(ii) the approval would have been given in the way in which it is proposed to be varied.

(3)  An administrative determination or approval may be varied if the person on whose application the determination was made, or to whom the approval was given, is unsuitable to continue to be a person to whom the determination applies, or the approval was given, without variation because the person has contravened –

(a) a provision of the Act or these regulations; or

(b) a provision of the law in force in another participating jurisdiction corresponding to a provision in paragraph (a) .

(4)  In the case of an administrative determination that applies to more than one person, the Competent Authority may vary the determination by removing the name of a person who is unsuitable as described in subregulation (3) , even if that person was the original applicant for the determination.

(5)  In subregulation (2)  –

relevant change means a change about something that the Competent Authority may or must consider in deciding whether to make the determination or give the approval.