Australian Capital Territory Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 (REPEALED) - SECT 127

Variation and revocation of conditions

    (1)     On application in writing by the licensee and if satisfied that it is in the best interests of the patients and residents at the licensed premises, the Minister may—

        (a)     vary a condition imposed under section 125 (4) or (5) in the manner specified in the application; or

        (b)     revoke a condition imposed under section 125 (5); or

        (c)     impose a condition specified in the application.

    (2)     If satisfied that it is in the best interests of the patients and residents at the licensed premises—

        (a)     to vary a condition imposed under section 125 (4) or (5); or

        (b)     to revoke a condition imposed under section 125 (5); or

        (c)     to impose a condition;

the Minister may, by notice in writing served on the licensee, require the licensee, 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 should not be revoked or imposed.

    (3)     The Minister may, after the expiration of 28 days after the date of the notice, vary in the manner specified in the notice, or revoke or impose, the condition specified in the notice.

    (4)     A decision of the Minister under subsection (1) or (3) takes effect on the day after the day on which the notice under section 137 (1) is given to the licensee or on such later day as may be specified in that notice.



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