Tobacco and Other Smoking Products Act 1998
sec.35Decision about changing conditions
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sec.35 Decision about changing conditions
This section applies if the chief executive gives a licensee a show cause notice under section 34 . The chief executive must consider all responses complying with section 34 (2) (d) before deciding whether to make the change proposed in the show cause notice. After considering the responses under subsection (2) , the chief executive must— decide whether to make any of the changes proposed in the show cause notice; and give the licensee notice of the decision. If the decision is to make all or some of the changes proposed in the show cause notice— the notice of the decision given to the licensee must be an information notice; and the chief executive must give the licensee a replacement copy of the licence incorporating the changes. A new or changed specific condition takes effect on the day stated in the information notice. The day stated in the information notice must be after the day the notice is given to the licensee. s 35 ins 2023 No. 16 s 7 (sec.35-ssec.1) This section applies if the chief executive gives a licensee a show cause notice under section 34 . (sec.35-ssec.2) The chief executive must consider all responses complying with section 34 (2) (d) before deciding whether to make the change proposed in the show cause notice. (sec.35-ssec.3) After considering the responses under subsection (2) , the chief executive must— decide whether to make any of the changes proposed in the show cause notice; and give the licensee notice of the decision. (sec.35-ssec.4) If the decision is to make all or some of the changes proposed in the show cause notice— the notice of the decision given to the licensee must be an information notice; and the chief executive must give the licensee a replacement copy of the licence incorporating the changes. (sec.35-ssec.5) A new or changed specific condition takes effect on the day stated in the information notice. (sec.35-ssec.6) The day stated in the information notice must be after the day the notice is given to the licensee.
- (a) decide whether to make any of the changes proposed in the show cause notice; and
- (b) give the licensee notice of the decision.
- (a) the notice of the decision given to the licensee must be an information notice; and
- (b) the chief executive must give the licensee a replacement copy of the licence incorporating the changes.