Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The Authority may (subject to subsection (3)), by written notice given to a holder of a permission, revoke the permission (including any Hinchinbrook authorisation attached to the permission) if the Authority is satisfied that any of the following apply:
(a) the holder consents to the revocation;
(b) the holder has been convicted or found guilty of an offence against the Act, this instrument or any other instrument made for the purposes of the Act;
(c) the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the holder's application for the permission;
(d) the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act;
(e) if the permission has been suspended under section 131--the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission;
(f) the action that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act;
(g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under this instrument or any other instrument made for the purposes of the Act, unless the permission states otherwise .
When revocation takes effect
(2) A revocation takes effect:
(a) on the day the Authority gives the notice to the holder; or
(b) if a later day is specified in the notice--on that later day.
Requirements before revoking permission
(3) Before taking action to revoke a permission on a ground mentioned in any of paragraphs (1)(b) to (g), the Authority must:
(a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and
(b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked.
(4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.
Suspension of permission while considering revocation
(5) Despite subsection (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission.
(6) The suspension:
(a) commences:
(i) on the day the Authority gives notice to the permission holder under subsection (5); or
(ii) if a later day is specified in the notice--on that later day; and
(b) ends on the earlier of:
(i) the day the Authority makes a decision whether or not to revoke the permission; and
(ii) the day that is 20 business days after the date of the notice mentioned in subsection (5).