sec.70Variation and withdrawal of undertakings

sec.70 Variation and withdrawal of undertakings

If the commissioner accepts the undertaking— it may be varied or withdrawn by the inbound tour operator or tour guide if the commissioner agrees to the variation or withdrawal; or the commissioner may withdraw his or her acceptance of it, if the commissioner believes, on reasonable grounds, that— before it was accepted, the inbound tour operator or tour guide contravened this Act in a way unknown to the commissioner; and had the commissioner known about the contravention, the commissioner would not have accepted the undertaking or would not have accepted it unless its terms were changed. The commissioner may also withdraw his or her acceptance of the undertaking if the commissioner believes, on reasonable grounds, the undertaking is no longer necessary. If the commissioner varies, or withdraws his or her acceptance of, or agrees to the variation or withdrawal of, the undertaking, the commissioner must give the inbound tour operator or tour guide notice of the variation, withdrawal or agreement. The variation or withdrawal takes effect when notice of the variation, withdrawal or agreement is given to the inbound tour operator or tour guide. The undertaking as varied under this section is taken to be accepted by the commissioner. (sec.70-ssec.1) If the commissioner accepts the undertaking— it may be varied or withdrawn by the inbound tour operator or tour guide if the commissioner agrees to the variation or withdrawal; or the commissioner may withdraw his or her acceptance of it, if the commissioner believes, on reasonable grounds, that— before it was accepted, the inbound tour operator or tour guide contravened this Act in a way unknown to the commissioner; and had the commissioner known about the contravention, the commissioner would not have accepted the undertaking or would not have accepted it unless its terms were changed. (sec.70-ssec.2) The commissioner may also withdraw his or her acceptance of the undertaking if the commissioner believes, on reasonable grounds, the undertaking is no longer necessary. (sec.70-ssec.3) If the commissioner varies, or withdraws his or her acceptance of, or agrees to the variation or withdrawal of, the undertaking, the commissioner must give the inbound tour operator or tour guide notice of the variation, withdrawal or agreement. (sec.70-ssec.4) The variation or withdrawal takes effect when notice of the variation, withdrawal or agreement is given to the inbound tour operator or tour guide. (sec.70-ssec.5) The undertaking as varied under this section is taken to be accepted by the commissioner.

• (a) it may be varied or withdrawn by the inbound tour operator or tour guide if the commissioner agrees to the variation or withdrawal; or
• (b) the commissioner may withdraw his or her acceptance of it, if the commissioner believes, on reasonable grounds, that— (i) before it was accepted, the inbound tour operator or tour guide contravened this Act in a way unknown to the commissioner; and (ii) had the commissioner known about the contravention, the commissioner would not have accepted the undertaking or would not have accepted it unless its terms were changed.