96Grounds for variation—without application

96 Grounds for variation—without application

(1) The Authority may vary an accreditation or exemption granted to an individual, without receiving an application, if the Authority is reasonably satisfied that 1 of the following grounds exists: (a) that the application for the accreditation or exemption was false or misleading in a material respect, but the circumstances do not require its cancellation; or (b) that a person to whom the accreditation or exemption applies is not suitable to be a person to whom the accreditation applies without variation; or (c) that the person has contravened this Act, a corresponding fatigue law or any regulations made under this Act or a corresponding fatigue law; or (d) in the case of an exemption, that: (i) since the exemption was given, a change has happened in relation to something the Authority must consider in deciding whether to give an exemption of that kind; and (ii) the exemption would have been given as it is proposed to be varied if the change had happened before the exemption was given. (2) This section does not apply to: (a) an application for variation of an accreditation or exemption; or (b) a work/rest hours exemption granted to a class of persons.