Australian Capital Territory Numbered Acts

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DANGEROUS SUBSTANCES ACT 2004 (NO. 7 OF 2004) - SECT 59

Licence—imposition etc of conditions on chief executive's initiative

    (1)     This section applies to a licensee if the chief executive proposes, on the chief executive's own initiative, to amend the licence to impose a condition, or to amend or revoke a condition included in the licence by the chief executive, (the proposed action ).

    (2)     The chief executive must give the licensee a written notice stating—

        (a)     the proposed action; and

        (b)     if the proposed action is to impose a condition—the proposed condition; and

        (c)     if the proposed action is to amend a condition—the condition as proposed to be amended; and

        (d)     an explanation for the proposed action; and

        (e)     that the licensee may, within 14 days after the day the licensee receives the notice, give a written response to the chief executive about the notice.

    (3)     In deciding whether to take the proposed action, the chief executive must consider any response given to the chief executive in accordance with the notice.

    (4)     The chief executive must give the licensee written notice of the chief executive's decision.

    (5)     If the chief executive decides to take the proposed action, the chief executive's decision takes effect 14 days after the day when notice of the decision is given to the licensee or, if the notice states a later date of effect, that date.

    (6)     If the licence is amended, the chief executive must, as soon as practicable after the licence has been returned to the chief executive, amend the licence or give the licensee a replacement licence showing the amendment.

Note     The licensee must return the licence to the chief executive for amendment (see s 64).

    (7)     This section does not affect the taking of action under part 4.4 (Disciplinary action).



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