38Variation of licence

38 Variation of licence

(1) The Authority may vary a licence by giving the holder of the licence written notice of the variation.

(2) The Authority may vary a licence on its own initiative if it believes on reasonable grounds that it is appropriate to vary the licence.

(3) The Authority may vary a licence if an application is made by the holder of the licence for the licence to be varied and the Authority is satisfied that it is appropriate to vary the licence.

(4) An application for a variation of a licence must—

(a) include the prescribed information; and

(b) be accompanied by the prescribed application fee (if any).

(5) An application for a variation of a licence may request—

(a) that a nominated officer for the licence no longer be a nominated officer; and

(b) that another person be the nominated officer for the licence.

(6) If an application for a variation of a licence is of a kind mentioned in subsection (5), the Authority must not vary the licence unless—

(a) the Authority is satisfied that the person who is proposed to be the nominated officer is a fit and proper person at the time of deciding the application for the variation; and

(b) the person who is proposed to be the nominated officer has declared that, to the person's knowledge, the person is compliant with legal obligations as described in section 23.

(7) If the Authority decides to vary a licence on the initiative of the Authority, or to refuse to vary a licence on application, the Authority must give the holder of the licence a written notice stating—

(b) that the holder of the licence may apply to VCAT for review of the decision.