76DReview of approval as eligible person

### 76D Review of approval as eligible person > [*\[Section 76D Inserted by No. 24 of 2021, s. 7, Applied:31 Mar 2023\]*](/view/html/inforce/2023-03-31/act-2021-024#GS7@EN) > > > (1)  The Secretary may investigate an eligible person to determine whether the person is a suitable person to hold a licence of the category in respect of which the person is an eligible person at the following times: > > > > > > (a) in the case of an eligible person who is the holder of a recreational fishing licence, at any time; > > > > > > > (b) in the case of an eligible person who is the holder of a licence other than a recreational fishing licence – > > > > > > > > > > (i) when the person renews the licence; or > > > > > > > > > > > (ii) if the person is convicted of an offence under this Act, any other Act or a corresponding law, at that time; > > > > > > > (c) in the case of person who is eligible to hold a licence of a particular category but has not held a licence of that category during the past 2 years, at any time. > > > (2)  If, following an investigation under [subsection (1)](#GS76D@Gs1@EN) , the Secretary determines that an eligible person is not a suitable person to hold a licence of a particular category, the Secretary must notify the person in writing that they are no longer eligible to hold a licence of that category. > > > (3)  If the Secretary provides a person with written notification under [subsection (2)](#GS76D@Gs2@EN) that they are no longer eligible to hold a licence of a particular category, from the date specified in the notice, the following applies: > > > > > > (a) if the person has been approved as eligible to hold a licence of that category under [section 76A](#GS76A@EN) , that approval is revoked; > > > > > > > (b) if [section 76C](#GS76C@EN) applies to that person in respect of a licence of that category, the person is no longer taken to be eligible to hold a licence of that category under that section. > > > (4)  The Secretary may not notify an eligible person under [subsection (2)](#GS76D@Gs2@EN) that they are no longer eligible to hold a licence of a particular category unless the Secretary has – > > > > > > (a) at least 14 days before notifying the person under [subsection (2)](#GS76D@Gs2@EN) , issued a notice to the eligible person – > > > > > > > > > > (i) advising that the Secretary has determined that the person is not a suitable person to hold a licence of that category; and > > > > > > > > > > > (ii) specifying the grounds on which the Secretary has determined that the person is not suitable to hold a licence of that category; and > > > > > > > > > > > (iii) inviting the person to provide to the Secretary, within 14 days after receiving the notice, written reasons as to why the person is a suitable person to hold a licence of that category; and > > > > > > > (b) considered any written reasons provided to the Secretary under [subsection (5)](#GS76D@Gs5@EN) . > > > (5)  An eligible person to whom a notice has been issued under [subsection (4)(a)](#GS76D@Gs4@Hpa@EN) may provide to the Secretary, within 14 days after receiving the notice, written reasons as to why the person is a suitable person to hold a licence of the category specified in the notice. > > > (6)  If the Secretary determines that a person is not a suitable person to hold a licence of a particular category under this section, that person may not make a further application under [section 76A](#GS76A@EN) , to be approved as eligible to hold a licence of that category, for a period of 12 months from the date of the determination.