261BCSecretary may assess amount of security deposit

#### 261BC Secretary may assess amount of security deposit 261BC Secretary may assess amount of security deposit > > (1) The Secretary may assess the amount of the security deposit that may be required by a security deposit condition for a particular authorisation or, in the case of a group security deposit, for a particular group of authorisations. > > > (2) The amount of the security deposit as assessed by the Secretary is the assessed deposit for the authorisation or authorisations concerned. > > > (3) The Secretary must make an assessment if the regulations require an assessment to be made. > > > (4) The Secretary may make an assessment at any other time— > > > > > (a) at the request of the decision-maker, or > > > > > (b) on the Secretary’s own initiative. > > > (5) An assessment, and a decision to make or request an assessment, may be made without prior notice to, or consultation with, the holder of an affected authorisation. > > > (6) The Secretary must make an assessment under this section having regard to the following— > > > > > (a) the estimated cost of fulfilling any obligations under the authorisation or authorisations concerned, including obligations under the authorisation that may arise in the future, > > > > > (b) other matters, if any, prescribed by the regulations. > > > (7) An assessed deposit must not be less than— > > > > > (a) for a group security deposit—the amount prescribed by or calculated in accordance with the regulations, > > > > > (b) for another security deposit—the minimum deposit for the authorisation. > > > (8) After an assessment is made, the Secretary must give written notice of the assessment— > > > > > (a) to the holder of an affected authorisation, and > > > > > (b) to the decision-maker (if not the Secretary). > > > (9) The notice given to the holder of an affected authorisation must— > > > > > (a) set out the reasons for the Secretary’s assessment, and > > > > > (b) advise the holder of the holder’s entitlement to apply for a review of the assessment under this Part. > > > (10) The Secretary is to exercise his or her functions under this section having regard to any guidelines approved by the Minister. > > > (11) An assessment by the Secretary under this section does not affect— > > > > > (a) the validity of any security deposit condition imposed or varied before the assessment was made, or > > > > > (b) liability for an administrative levy that arose before the assessment was made. > > > (12) The Secretary may revise his or her assessment under this section. For that purpose, the Secretary may amend, revoke or replace a previous assessment. > > > (13) This section applies in respect of the revision of an assessment in the same way as it applies in respect of an assessment. > > > (14) An assessment may be made in relation to a security deposit condition proposed to be imposed on the grant of an authorisation and, for that purpose, a reference in this section, and in sections 261BD and 261BE, to a holder of an authorisation is taken to include a reference to a person who, on grant, will be a holder of an authorisation. > > **s 261BC:** Ins 2012 No 46, Sch 5.2 \[27\]. Am 2014 No 53, Sch 3 \[2\]; 2022 No 21, Sch 1\[100\].