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Residential Services (Accreditation) Act 2002
sec.151Variation and withdrawal of undertaking
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### sec.151 Variation and withdrawal of undertaking
This section applies if the chief executive accepts the undertaking.
The service provider may vary or withdraw the undertaking at any time, but only if the chief executive agrees to the variation or withdrawal.
The chief executive may vary or withdraw the undertaking at any time if the chief executive reasonably believes that—
before it was accepted, the service provider contravened this Act in a way unknown to the chief executive; and
had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.
The chief executive may also withdraw the undertaking if the chief executive reasonably believes it is no longer necessary.
If the chief executive varies or withdraws the undertaking, or agrees to the variation or withdrawal of the undertaking, the chief executive must give the service provider a notice of the variation or withdrawal.
The variation or withdrawal takes effect when the service provider receives the notice.
(sec.151-ssec.1) This section applies if the chief executive accepts the undertaking.
(sec.151-ssec.2) The service provider may vary or withdraw the undertaking at any time, but only if the chief executive agrees to the variation or withdrawal.
(sec.151-ssec.3) The chief executive may vary or withdraw the undertaking at any time if the chief executive reasonably believes that— before it was accepted, the service provider contravened this Act in a way unknown to the chief executive; and had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.
(sec.151-ssec.4) The chief executive may also withdraw the undertaking if the chief executive reasonably believes it is no longer necessary.
(sec.151-ssec.5) If the chief executive varies or withdraws the undertaking, or agrees to the variation or withdrawal of the undertaking, the chief executive must give the service provider a notice of the variation or withdrawal.
(sec.151-ssec.6) The variation or withdrawal takes effect when the service provider receives the notice.
- (a) before it was accepted, the service provider contravened this Act in a way unknown to the chief executive; and
- (b) had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.