Australian Capital Territory Numbered Acts

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HAWKERS ACT 2003 (NO. 10 OF 2003) - SECT 30

Amendment of exemption—application by exempt person

    (1)     An exempt person may apply in writing to the Minister for the amendment of the exemption.

Examples of amendments

1     to amend or revoke a condition to which the exemption is subject

2     to change the locations where a person may carry on business as a hawker under the exemption

Note 1     If a form is approved under s 46 (Approved forms) for an application, the form must be used.

Note 2     A fee may be determined under s 45 (Determination of fees) for this section.

Note 3     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     The Minister may, by written notice given to the applicant, require the applicant to give the Minister further stated information or a stated document that the Minister reasonably needs to decide the application.

    (3)     If the applicant fails to comply with a requirement under subsection (2), the Minister may refuse to consider the application further.

    (4)     The Minister must amend the exemption or refuse to amend the exemption.

    (5)     In deciding whether to amend the exemption the Minister must have regard to the circumstances determined under section 27 (Circumstances for exemption from s 14 (1)).

    (6)     If the Minister amends an exemption under this section, the Minister must give the applicant an amended exemption.

Note     A exempt person must return the exemption for amendment if required, see s 32.

    (7)     An amendment has effect only if the amendment is stated in the exemption to which the amendment relates.



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