38Variation or revocation of licence

38 Variation or revocation of licence S. 38(1) amended by No. 37/2020 s. 14(1)(a). (1) A licence or the Commission licence conditions may be varied— S. 38(1)(a) amended by No. 37/2020 s. 14(1)(b). (a) in accordance with the procedures specified in the Commission licence conditions; or S. 38(1)(b) amended by No. 62/2001 s. 77(c)(ii). (b) by agreement between the Commission and the licensee; or (c) by a notice in accordance with subsection (2) served on the licensee. S. 38(2) amended by Nos 62/2001 s. 77(c)(i), 37/2020 s. 14(2). (2) The Commission must not vary a licence or the Commission licence conditions by a notice unless— S. 38(2)(a) amended by No. 62/2001 s. 77(c)(ii). (a) the Commission is satisfied that the variation is necessary— S. 38(2)(a)(i) amended by No. 62/2001 s. 79(1). (i) having regard to the objectives of the Commission under this Act and under the **Essential Services Commission Act 2001**; or (ii) to give effect to Division 5; and S. 38(2)(b) amended by No. 62/2001 s. 77(c)(ii). (b) the Commission has given the licensee an opportunity to make representations on the matter. S. 38(2A) inserted by No. 37/2020 s. 14(3). (2A) The Commission may vary a licence or a Commission licence condition so that the licence or condition is not inconsistent with a deemed Ministerial licence condition to which the licence is subject. S. 38(2B) inserted by No. 37/2020 s. 14(3). (2B) Subsections (1) and (2) do not apply to a variation of a licence or Commission licence condition under subsection (2A). S. 38(3) amended by Nos 62/2001 s. 77(c)(i), 37/2020 s. 14(4), 18/2024 s. 30. (3) Subject to sections 38AA and 38AB and Division 6, the Commission may revoke a licence in accordance with the procedures specified in Commission licence conditions. S. 38(4) inserted by No. 55/2010 s. 87. (4) In deciding whether to revoke a licence the Commission must have regard to any direction of the Minister under section 207 that is in force. S. 38(5) inserted by No. 55/2010 s. 87. (5) Anything in the procedures specified in the licence's conditions for the revocation of the licence that is inconsistent with subsection (4) is of no effect. S. 38(6) inserted by No. 37/2020 s. 14(5). ***Commission licence condition*** means a condition which has been decided by the Commission under section 28 as a condition to which a licence is subject. S. 38AA inserted by No. 18/2024 s. 31. 38AA Commission to consult AER before revoking a retail licence (1) The Commission must consult the AER before the Commission revokes a retail licence. (2) Consultation under subsection (1) must be in accordance with the regulations (if any). (3) The revocation of a retail licence by the Commission is not invalidated by reason only of a failure to comply with this section. S. 38AB inserted by No. 18/2024 s. 31. 38AB Commission to notify AER and AEMO of revocation of retail licence (1) If the Commission revokes a retail licence, the Commission must notify the AER and AEMO of that revocation within the prescribed period (if any). (2) The revocation of a retail licence by the Commission is not invalidated by reason only of a failure to comply with subsection (1). S. 38A inserted by No. 49/2015 s. 21.