35Amending or revoking exemptions other than on application

35 Amending or revoking exemptions other than on application

(1) This regulation applies if the Authority considers that a ground exists to amend or revoke an exemption given by the Authority, other than on application. (2) The Authority must give the exemption holder a written notice that: (a) if the Authority proposes to amend the exemption—tells the exemption holder of the proposed amendment; and (b) if the Authority proposes to revoke the exemption—tells the exemption holder of the proposed revocation; and (c) states the ground for the proposed amendment or revocation; and (d) outlines the facts and other circumstances forming the basis for the Authority’s view that the ground exists; and (e) invites the exemption holder to state in writing to the Authority, within a stated time of at least 28 days after the notice is given to the exemption holder, why the exemption should not be amended or revoked as proposed by the Authority (the proposed action). (3) If, after considering any written statement made to the Authority by the exemption holder within the stated time, the Authority is reasonably satisfied that a ground exists to take the proposed action, the Authority may: (a) if the proposed action is to amend the exemption in a stated way—amend the exemption in that way; or (b) if the proposed action is to revoke the exemption—revoke the exemption or amend it in any way. (4) If the Authority amends or revokes the exemption, the Authority must tell the exemption holder in writing of the decision, give the exemption holder written reasons for the decision, and tell the exemption holder that the exemption holder may apply to have the decision reconsidered. (5) The amendment or revocation takes effect: (a) when the exemption holder is told in writing of the decision by the Authority and given written reasons for the decision; or (b) if the Authority tells the exemption holder that the decision takes effect at a later time—the later time.