58ACorrecting mistakes

58A Correcting mistakes The Commission, at its own initiative, may at any time vary a licence or BYO permit to correct— (a) a clerical mistake; or (b) an error arising from an accidental slip or omission; or (c) a material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the licence or permit; or (d) a defect of form. S. 58AB inserted by No. 49/2021 s. 30, substituted by No. 28/2022 s. 160. **58AB Variation of licence or BYO permit during state of emergency or when pandemic declaration is in force** (1) Subject to subsection (2), the Commission, at its own initiative, may vary a licence or BYO permit at any time during a state of emergency or when a pandemic declaration is in force. (2) The Commission may only vary a licence or BYO permit under this section if the licensed premises in respect of the licence or BYO permit is located within one or more emergency areas or the pandemic management area (as the case requires). (3) The variation may apply to— (a) a specified licence or BYO permit; or (b) a specified category of licence; or (c) a specified class of licence or BYO permit. (4) The variation— (a) must not be inconsistent with this Act or vary a condition imposed by this Act; and (b) may impose a new condition on the licence or BYO permit; and (c) may suspend the operation of an existing condition of the licence or BYO permit (other than a condition imposed by this Act) for a specified period. (5) If the Commission varies a licence or BYO permit under this section, the Commission must give any licensee or permittee affected by the variation written notice of the variation as soon as practicable. (6) A variation under this section ceases to have effect on the earlier of— (a) the state of emergency or pandemic declaration that was in force at the time the variation was made ceasing to have effect; or (b) its revocation by the Commission. (7) Despite subsection (6), if a pandemic declaration comes into force in the circumstances referred to in section 165CH of the **Public Health and Wellbeing Act 2008** and a variation under this section was in effect immediately before in relation to the relevant state of emergency, the variation continues in relation to so much of each emergency area that is in the pandemic management area until the earlier of— (a) the pandemic declaration ceasing to have effect; or (b) the revocation of the variation by the Commission. Pt 2 Div. 7A (Heading and ss 58B–58D) inserted by No. 8/2006 s. 9.