32LVariation of licence on the motion of the Department Head

32L Variation of licence on the motion of the Department Head (1) Before— (a) varying a licence issued under this Part; or (b) varying a condition on such a licence— of his or her own motion under section 32K, the Department Head must— (c) notify the holder of the licence; and (d) allow the holder an opportunity to make written submissions. (2) Submissions under subsection (1) must be made within the time period specified in the notice. (3) In making a decision as to whether or not to vary a licence under section 32K, the Department Head must— (a) have regard to submissions made within the period for making submissions; and (b) notify the holder of his or her decision. (4) A variation to which subsection (1) applies has effect from the time specified in the notice under subsection (3). S. 32LA inserted by No. 60/2015 s. 42. 32LA Considerations for variation of a licence on the motion of the Department Head In making a decision as to whether or not to vary a licence under section 32K, the Department Head may have regard to the following matters— (a) if the licence holder is a natural person, whether or not the licence holder is a fit and proper person to hold the licence as unvaried; (b) if the licence holder is a body corporate, whether or not each director or officer of the body corporate who does or may exercise control over the activities carried out under the licence is a fit and proper person to be a director or officer of the body corporate that holds the licence as unvaried; (c) whether or not the licence holder has been convicted or found guilty of an offence under this Act or the regulations; (d) whether or not the licence holder has failed to comply with a licence condition; (e) any other relevant matter. S. 32M inserted by No. 103/2003 s. 37.