Australian Capital Territory Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1983 (REPEALED) - SECT 63

63. (1) The Minister may, on application in writing made by the holder of a licence and if satisfied that it is in the interests of patients or residents at the licenced premises to which the application relates—

        (a)     vary, in the manner specified in the application, a condition specified in the licence under subsection 61 (4) or (5);

        (b)     revoke a condition specified in the licence under subsection 61 (5); or

        (c)     make the licence subject to a condition specified in the application.

(2) Where the Minister is satisfied that, in the interests of patients or residents at licensed premises—

        (a)     a condition specified in the licence under subsection 61 (4) or (5) should be varied;

        (b)     a condition specified in the licence under subsection 61 (5) should be revoked; or

        (c)     the licence should be made subject to a condition,

the Minister may, by notice in writing served on the holder of the licence, require the holder, within 28 days after the date of the notice, to show cause why that condition should not be varied in the manner specified in the notice or revoked or the licence should not be made subject to that condition, as the case requires.

(3) Where a notice under subsection (2) has been served on the holder of a licence, the Minister may, after the expiration of 28 days from the date of the notice—

        (a)     vary, in the manner specified in the notice, the condition specified in the notice;

        (b)     revoke the condition specified in the notice; or

        (c)     make the licence subject to the condition specified in the notice.

(4) Where the Minister makes a decision under subsection (3), the Minister shall cause to be prepared and served on the holder of the licence notice of the decision.

(5) A decision of the Minister under subsection (3) takes effect on the date of the notice referred to in subsection (3) or on such later date as may be specified in that notice.

Surrender of licence



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