38Making, review and revocation of declarations by Minister

#### 38 Making, review and revocation of declarations by Minister 38 Making, review and revocation of declarations by Minister > > (1) A declaration may be made by the Minister under this Division on the basis of such information as the Minister considers sufficient in the circumstances. > > > (2) A declaration of the Minister under this Division other than— > > > > > (a) a declaration under section 36(1) requiring a person to dispose of shares in a licensee, or > > > > > (b) a declaration under section 36(6) that shares in a licensee are forfeited to the State, > > > > is effective when written notice of the declaration is served on the licensee irrespective of when or whether service is effected on any other person as provided by this Division. > > > (3) If the Minister makes a declaration under this Division in relation to a licensee— > > > > > (a) the licensee, or > > > > > (b) any other person on whom notice of the declaration has been served in pursuance of this Division, > > > > may apply to the Minister for a review of the declaration. > > > (4) On an application under this section for review of a declaration, the Minister— > > > > > (a) must allow the applicant and, where the applicant is not the licensee, the licensee, a reasonable opportunity to make submissions in relation to the application, and > > > > > (b) may, after giving due consideration to any such submissions— > > > > > > > (i) confirm the declaration, or > > > > > > > (ii) revoke or vary the declaration either conditionally or unconditionally and with effect from the date of the declaration or some other date determined by the Minister. > > > (5) Notwithstanding that an application is made under this section for review of a declaration of the Minister under this Division, the declaration continues to have effect pending determination of the application except as otherwise determined by the Minister. > > > (6) The Minister may, of his or her own motion, by notice in writing served on the person on whom notice of the declaration was served, revoke or vary a declaration of the Minister under this Division with effect from the date of the declaration or some other date determined by the Minister.