Transport Operations (Marine Safety) Regulation 2016
sec.112Amendment on administering agency’s initiative
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sec.112 Amendment on administering agency’s initiative
The administering agency may amend an authority at any time if— the holder of the authority agrees to the amendment; or the administering agency considers it necessary or desirable because— the holder has contravened the Act ; or the authority was granted in error or because of a document or representation that— was false or misleading; or was obtained or made in another improper way. If the administering agency proposes to amend an authority for a reason mentioned in subsection (1) (b) , the administering agency must give the holder a written notice under this section. The notice must state the following— the proposed amendment; the grounds for the proposed amendment; an outline of the facts and circumstances forming the basis for the grounds; that the holder may, within the period of at least 30 days stated in the notice, make written representations showing cause why the amendment should not be made. If, after considering all written representations made within the stated time, the administering agency still considers the amendment is necessary or desirable, the administering agency may amend the authority. If the administering agency decides to amend an authority, the administering agency must give the holder of the authority written notice of the decision, which must state— the reasons for the decision; and the prescribed review information for the decision. If, after considering the written representations, the administering agency decides the amendment should not be made, the administering agency must give the holder written notice of the decision within 14 days after making the decision. (sec.112-ssec.1) The administering agency may amend an authority at any time if— the holder of the authority agrees to the amendment; or the administering agency considers it necessary or desirable because— the holder has contravened the Act ; or the authority was granted in error or because of a document or representation that— was false or misleading; or was obtained or made in another improper way. (sec.112-ssec.2) If the administering agency proposes to amend an authority for a reason mentioned in subsection (1) (b) , the administering agency must give the holder a written notice under this section. (sec.112-ssec.3) The notice must state the following— the proposed amendment; the grounds for the proposed amendment; an outline of the facts and circumstances forming the basis for the grounds; that the holder may, within the period of at least 30 days stated in the notice, make written representations showing cause why the amendment should not be made. (sec.112-ssec.4) If, after considering all written representations made within the stated time, the administering agency still considers the amendment is necessary or desirable, the administering agency may amend the authority. (sec.112-ssec.5) If the administering agency decides to amend an authority, the administering agency must give the holder of the authority written notice of the decision, which must state— the reasons for the decision; and the prescribed review information for the decision. (sec.112-ssec.6) If, after considering the written representations, the administering agency decides the amendment should not be made, the administering agency must give the holder written notice of the decision within 14 days after making the decision.