Australian Capital Territory Numbered Acts

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PUBLIC HEALTH ACT 1997 (NO. 69 OF 1997) - SECT 49

Procedure licence—variation

49. (1) On application by the holder of a procedure licence, the Minister shall, if satisfied that it is not prejudicial to the interests of public health to do so, vary the licence accordingly by notice in writing given to the licensee.

(2) Where the Minister has reasonable grounds for believing that it is desirable to vary a procedure licence in the interests of public health, the Minister shall give the licensee a written notice—

        (a)     stating the reasons why the Minister intends to vary the licence; and

        (b)     informing the licensee that the licensee may, within a specified period, give a written response to the Minister in relation to the matters stated in the notice.

(3) After the expiration of the period specified in a notice under paragraph (2) (b), and after taking into consideration any response given by the licensee, the Minister may, if satisfied on reasonable grounds that it is desirable to do so in the interests of public health, vary the licence, by notice in writing to the licensee.

(4) After the expiration of the period specified in a notice under paragraph (2) (b), the Minister shall, if satisfied that it is not desirable to vary the licence, give written notice to the licensee to that effect.

(5) The variation of a licence takes effect on—

        (a)     the date on which notice of the variation is given to the licensee; or

        (b)     such later date as is specified in the notice of variation.

(6) In this section—

“licence” includes a suspended licence;
“vary”, in relation to a licence, includes—

        (a)     vary a licence condition;

        (b)     revoke a licence condition; and

        (c)     impose a licence condition.



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