sec.117Amendment of conditions

sec.117 Amendment of conditions

In this section— amendment of conditions on a licence includes the imposition of conditions on a licence that was unconditional before amendment. If a superintendent considers the conditions on a licence should be amended, the superintendent must give the licensee a written notice (the show cause notice ) that— states the way the conditions are proposed to be amended; and states the reasons for the amendment; and outlines the facts and circumstances forming the basis for the reasons; and invites the licensee to show cause, within a specified time, why the conditions should not be amended. The time specified in subsection (2) (d) must be at least 28 days. The superintendent may, before or after the end of the specified time, extend the time within which the licensee must show cause. The superintendent may amend the conditions if, after considering any representations made within the time specified or allowed, the superintendent still believes the conditions should be amended— in the way mentioned in the show cause notice; or in another way, having regard to the representations. If the superintendent decides to amend the conditions, the superintendent must give the licensee a written notice stating— the way in which the conditions have been amended; and that the licensee may contest the decision by— applying under section 134C for reconsideration of the decision; or applying for a review of the decision under section 131 (2) of the Act . Subsections (2) to (6) do not apply if the conditions of a licence are to be amended only— by omitting a condition; or for a formal or clerical reason; or in another way that does not adversely affect the licensee’s interests. The superintendent may make an amendment of a type mentioned in subsection (7) by written notice given to the licensee. An amendment takes effect on the later of the following— the day the notice is given to the licensee; the day specified in the notice. s 117 sub reg pubd gaz 22 December 1990 pp 2287–95; 1994 SL No. 139 s 11 amd 1994 SL No. 232 s 28 ; 1999 SL No. 299 s 22 ; 2009 Act No. 24 s 1712 ; 2019 Act No. 25 s 8 (sec.117-ssec.1) In this section— amendment of conditions on a licence includes the imposition of conditions on a licence that was unconditional before amendment. (sec.117-ssec.2) If a superintendent considers the conditions on a licence should be amended, the superintendent must give the licensee a written notice (the show cause notice ) that— states the way the conditions are proposed to be amended; and states the reasons for the amendment; and outlines the facts and circumstances forming the basis for the reasons; and invites the licensee to show cause, within a specified time, why the conditions should not be amended. (sec.117-ssec.3) The time specified in subsection (2) (d) must be at least 28 days. (sec.117-ssec.4) The superintendent may, before or after the end of the specified time, extend the time within which the licensee must show cause. (sec.117-ssec.5) The superintendent may amend the conditions if, after considering any representations made within the time specified or allowed, the superintendent still believes the conditions should be amended— in the way mentioned in the show cause notice; or in another way, having regard to the representations. (sec.117-ssec.6) If the superintendent decides to amend the conditions, the superintendent must give the licensee a written notice stating— the way in which the conditions have been amended; and that the licensee may contest the decision by— applying under section 134C for reconsideration of the decision; or applying for a review of the decision under section 131 (2) of the Act . (sec.117-ssec.7) Subsections (2) to (6) do not apply if the conditions of a licence are to be amended only— by omitting a condition; or for a formal or clerical reason; or in another way that does not adversely affect the licensee’s interests. (sec.117-ssec.8) The superintendent may make an amendment of a type mentioned in subsection (7) by written notice given to the licensee. (sec.117-ssec.9) An amendment takes effect on the later of the following— the day the notice is given to the licensee; the day specified in the notice.