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Manufactured Homes (Residential Parks) Act 2003
sec.130Variation and withdrawal of undertakings
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### sec.130 Variation and withdrawal of undertakings
If the chief executive accepts the undertaking, it may be varied or withdrawn at any time by—
the person who gave it, but only if the chief executive agrees to the variation or withdrawal; or
the chief executive, if the chief executive reasonably believes—
that, before it was accepted, the person who gave it contravened this Act in a way unknown to the chief executive; and
had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.
The chief executive may also withdraw the undertaking if the chief executive reasonably believes it is no longer necessary.
If the chief executive varies or withdraws, or agrees to the variation or withdrawal of, the undertaking, the chief executive must give the person who gave the undertaking notice of its variation or withdrawal.
The variation or withdrawal takes effect when the notice is received by the person.
(sec.130-ssec.1) If the chief executive accepts the undertaking, it may be varied or withdrawn at any time by— the person who gave it, but only if the chief executive agrees to the variation or withdrawal; or the chief executive, if the chief executive reasonably believes— that, before it was accepted, the person who gave it contravened this Act in a way unknown to the chief executive; and had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.
(sec.130-ssec.2) The chief executive may also withdraw the undertaking if the chief executive reasonably believes it is no longer necessary.
(sec.130-ssec.3) If the chief executive varies or withdraws, or agrees to the variation or withdrawal of, the undertaking, the chief executive must give the person who gave the undertaking notice of its variation or withdrawal.
(sec.130-ssec.4) The variation or withdrawal takes effect when the notice is received by the person.
- (a) the person who gave it, but only if the chief executive agrees to the variation or withdrawal; or
- (b) the chief executive, if the chief executive reasonably believes— (i) that, before it was accepted, the person who gave it contravened this Act in a way unknown to the chief executive; and (ii) had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.
- (i) that, before it was accepted, the person who gave it contravened this Act in a way unknown to the chief executive; and
- (ii) had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.
- (i) that, before it was accepted, the person who gave it contravened this Act in a way unknown to the chief executive; and
- (ii) had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.