Commonwealth Consolidated Regulations

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AIRPORTS (CONTROL OF ON-AIRPORT ACTIVITIES) REGULATIONS 1997 - REG 4BH

Suspension or withdrawal of approval of nominee

  (1)   By notice in writing to the licensee and to the nominee, the Secretary may suspend or withdraw the approval of a nominee or alternative nominee for a licence if there is reason to believe that:

  (a)   the nominee or alternative nominee has failed to comply with a licence condition or a condition of approval of the nomination; or

  (b)   the nominee or alternative nominee is not a fit and proper person to act as a nominee or alternative nominee; or

  (c)   the nominee or alternative nominee is not reasonably able to discharge the responsibilities of the licensee under the licence.

  (2)   Before making a decision about suspending or withdrawing the approval of a nominee or alternative nominee, the Secretary must give to the nominee or alternative nominee:

  (a)   notice in writing of the grounds on which the Secretary proposes to suspend or withdraw the approval; and

  (b)   a reasonable opportunity to make representations about the proposed suspension or withdrawal of approval.

  (3)   A notice of suspension or withdrawal of approval must give reasons for the suspension or withdrawal.

  (4)   The Secretary, in a notice of suspension of approval, may impose a condition that the licensee must comply with for the suspension to cease under subregulation   (5).

  (5)   The suspension of approval of a nominee or alternative nominee ceases:

  (a)   if a condition is imposed under subregulation   (4)--when the Secretary notifies the licensee in writing that the condition has been complied with; and

  (b)   in any other case--at the end of the later of:

  (i)   the period of 14 days beginning on the day on which the suspension is notified; and

  (ii)   the period (if any) specified in the notice.

Note:   An application may be made to the Administrative Review Tribunal for a review of a decision by the Secretary under this regulation--see regulation   4CN.



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