40DConsultation with affected licensees in certain cases

40D Consultation with affected licensees in certain cases (1) Before making an Order pursuant to section 40A(1)(a) or (b), the Minister must give an affected licensee notice of the Minister's intention to make the Order. (2) For the purposes of subsection (1), a notice under that subsection must, as the case requires— (a) set out the condition which is proposed to be specified under the Order as the condition to which the licence held by the affected licensee is to be subject; or (b) set out the variation proposed under the Order to the Ministerial licence condition to which the licence held by the affected licensee is subject. (3) In addition, a notice under subsection (1) must state that the affected licensee may make written representations on the matter within— (a) the period specified in the notice (which must not be less than 14 days after the affected licensee is given notice in accordance with this section); or (b) any other period that the Minister and the affected licensee agree on. (4) For the purposes of this section, notice is to be given to an affected licensee as follows— (a) by notice published in the Government Gazette or in writing to the affected licensee, if the Minister is proposing to make an Order under section 40A(1) that— (i) specifies a condition to which a specified class of licence is to be subject and the affected licensee is a holder of a licence of that class; or (ii) varies a Ministerial licence condition to which a specified class of licence is subject and the affected licensee is a holder of a licence of that class; (b) in writing to the affected licensee, if the Minister is proposing to make an Order under section 40A(1) that— (i) specifies a condition to which only the licence held by the affected licensee is to be subject; or (ii) varies a Ministerial licence condition to which only the licence held by the affected licensee is subject. S. 40E inserted by No. 37/2020 s. 15.