89Regulator to notify of proposed suspension, cancellation or variation

#### 89 Regulator to notify of proposed suspension, cancellation or variation (1) Before suspending, cancelling or varying a certification under this Division, the Regulator must give written notice of the proposed suspension, cancellation or variation to the holder of the certification. (2) The notice: (a) must state that the Regulator proposes to suspend, cancel or vary the certification; and (b) may require the holder of the certification to give to the Regulator any information of a kind specified in the notice that is relevant to the proposed suspension, cancellation or variation; and (c) may invite the holder of the certification to make a written submission to the Regulator about the proposed suspension, cancellation or variation. (3) The notice must specify a period within which the holder of the certification: (a) must give the information referred to in paragraph (2)(b); and (b) may make a submission under paragraph (2)(c). The period must not end earlier than 30 days after the day on which the notice was given. (4) In considering whether to suspend, cancel or vary a certification, the Regulator must have regard to any submission made under paragraph (2)(c). (5) This section does not apply to a suspension, cancellation or variation requested by the holder of the certification. (6) This section does not apply to a suspension, cancellation or variation of a certification if the Regulator considers that the suspension, cancellation or variation is necessary in order to avoid an imminent risk of death, serious illness, serious injury or serious damage to the environment. (7) This section does not apply to a variation of a certification if the Regulator is satisfied that the variation is of minor significance or complexity.