19Secretary may vary, remove or impose special conditions

19 Secretary may vary, remove or impose special conditions

(1) The Secretary may, at any time, decide to do one or more of the following if the Secretary is satisfied that to do so would assist in meeting the object of the Act: (a) vary or remove a special condition of an allocation for a rental dwelling; (b) not to vary, or not to remove, a special condition of an allocation for a rental dwelling; (c) impose an additional special condition on an allocation for a rental dwelling.

Note: A decision under this subsection is reviewable by the Administrative Review Tribunal (see section 71).

(2) Before the Secretary varies or imposes a special condition under this section, the Secretary must: (a) notify the approved participant of the proposed variation or imposition; and (b) invite the approved participant to make a written submission to the Secretary about the proposed variation or imposition no later than 14 days after the day the Secretary gives the notice; and (c) take into account any submission so provided. (3) If the Secretary gives notice under subsection (2) to an approved participant of a proposed variation or imposition, the Secretary must, after having decided whether or not to make the variation or imposition, give written notice to the approved participant of that decision. (4) This section has effect in addition to, and is not limited by, any other provision of this instrument under which a condition may be imposed on an allocation.