61Variation of trial waiver, or conditions of trial waiver, by Commission

61 Variation of trial waiver, or conditions of trial waiver, by Commission (1) Subject to this section, the Commission may, on its own initiative, vary a trial waiver, or a condition to which a trial waiver is subject— (a) if the Commission is of the view that the person granted the trial waiver is contravening or has contravened a condition of the trial waiver; or (b) to ensure that the conditions to which the trial waiver is subject are consistent with a condition or condition of a class specified under a trial waiver order as a condition that the trial waiver must or may be subject to; or (c) if the Commission considers it appropriate to do so. (2) The Commission must not vary a trial waiver, or a condition to which the trial waiver is subject, under subsection (1)(a) unless— (a) the Commission serves on the person notice of its intention to do so; and (b) the Commission, in the notice served under paragraph (a), specifies the action the person granted the trial waiver is required to take— (i) to rectify the contravention of the trial waiver or the trial waiver condition; and (ii) to prevent any future contravention of the trial waiver or the trial waiver condition; and (c) the Commission has given the person an opportunity to make representations on the matter. (3) The Commission must not vary a trial waiver, or a condition to which the trial waiver is subject, under subsection (1)(b) or (c) unless— (a) the Commission serves on the person notice of its intention to do so; and (b) the Commission has given the person an opportunity to make representations on the matter; and (c) the Commission is satisfied that the variation is necessary having regard to the objectives of the Commission under this Act and under the **Essential Services Commission Act 2001**. (4) The Commission must not vary a trial waiver, or a condition to which the trial waiver is subject, so that the trial waiver or the conditions to which the trial waiver is subject are inconsistent with a condition or condition of a class specified under a trial waiver order as a condition or class of condition that the trial waiver must be subject to. (5) In determining whether to vary a trial waiver, or a condition to which a trial waiver is subject, under subsection (1), the Commission— (a) must have regard to any matter specified under a trial waiver order as a matter that the Commission must have regard to in determining whether to vary— (i) a trial waiver; or (ii) a condition to which a trial waiver is subject. (b) may have regard to any matter that the Commission considers relevant, including any matter specified under the trial project guidelines as a matter that the Commission may have regard to in determining whether to vary— (i) a trial waiver; or (ii) a condition to which a trial waiver is subject. New s. 62 inserted by No. 33/2021 s. 15 (as amended by No. 41/2021 s. 92).