33Variation of approval

33 Variation of approval (1) On written application by an assessment entity, the director-general may vary the approval of the entity if the director-general— (a) has considered any reasons provided by the entity in its application to vary the approval; and (b) is satisfied that it is appropriate to vary the approval. (2) The director-general may vary the approval of an assessment entity on the director-general’s own initiative if the director-general— (a) has given the entity a written notice that— (i) states how the director-general proposes to vary the approval; and (ii) states the reason the director-general proposes to vary the approval; and (iii) tells the entity that it may give a written response to the director-general about the matters stated in the notice not later than 28 days after the entity receives the notice; and (b) has considered any response given in accordance with paragraph (a) (iii); and (c) is satisfied that it is appropriate to vary the approval. (3) A variation of an approval takes effect on the day stated in the variation. (4) A variation of an approval is a notifiable instrument.

Assessment entities Part 5 Section 34 R5 23/02/26 Professional Engineers Act 2023 Effective: 23/02/26 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) In this section: vary, in relation to an approval— (a) includes— (i) varying the term of the approval; and (ii) adding, amending or removing a condition of the approval; but (b) does not include amending the approval to authorise the assessment entity to conduct an assessment scheme for an additional area of engineering.