sec.130Variation and withdrawal of undertakings

sec.130 Variation and withdrawal of undertakings

If the chief executive accepts the undertaking, it may be varied or withdrawn at any time by— the person who gave it, but only if the chief executive agrees to the variation or withdrawal; or the chief executive, if the chief executive reasonably believes— that, before it was accepted, the person who gave it contravened this Act, a prescribed conduct provision or PAMDA, in a way unknown to the chief executive; and had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed. The chief executive may also withdraw the undertaking if the chief executive reasonably believes it is no longer necessary. If the chief executive varies or withdraws, or agrees to the variation or withdrawal of, the undertaking, the chief executive must give the person written notice of its variation or withdrawal. The variation or withdrawal takes effect when written notice of the variation or withdrawal is received by the person. (sec.130-ssec.1) If the chief executive accepts the undertaking, it may be varied or withdrawn at any time by— the person who gave it, but only if the chief executive agrees to the variation or withdrawal; or the chief executive, if the chief executive reasonably believes— that, before it was accepted, the person who gave it contravened this Act, a prescribed conduct provision or PAMDA, in a way unknown to the chief executive; and had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed. (sec.130-ssec.2) The chief executive may also withdraw the undertaking if the chief executive reasonably believes it is no longer necessary. (sec.130-ssec.3) If the chief executive varies or withdraws, or agrees to the variation or withdrawal of, the undertaking, the chief executive must give the person written notice of its variation or withdrawal. (sec.130-ssec.4) The variation or withdrawal takes effect when written notice of the variation or withdrawal is received by the person.

• (a) the person who gave it, but only if the chief executive agrees to the variation or withdrawal; or
• (b) the chief executive, if the chief executive reasonably believes— (i) that, before it was accepted, the person who gave it contravened this Act, a prescribed conduct provision or PAMDA, in a way unknown to the chief executive; and (ii) had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.
• (i) that, before it was accepted, the person who gave it contravened this Act, a prescribed conduct provision or PAMDA, in a way unknown to the chief executive; and