Commonwealth Numbered Acts Commonwealth Numbered Acts(1) The Secretary may vary a community store licence:
(a) at any time, on the Secretary's own initiative; or
(b) if an application for a variation of the licence has been made under subsection 57(1).
Note: If the Secretary proposes to vary a community store licence under paragraph (1)(a) or proposes to refuse to vary a community store licence in accordance with an application under paragraph (1)(b), the procedure in section 60 must be followed first.
(2) Without limiting subsection (1), the Secretary may:
(a) impose licence conditions; or
(b) revoke or vary licence conditions that were imposed by the Secretary under subsection 52(1).
(3) When considering varying a community store licence under subsection (1), the Secretary must have regard to:
(a) the object of this Part (see section 37); and
(b) the food security matters (see section 46); and
(c) any assessment of the store under section 67; and
(d) the nature and circumstances of the store; and
(e) any other matter the Secretary considers relevant.
(4) If the Secretary varies a community store licence under subsection (1), the Secretary must give written notice of the variation to the owner and manager of the store.
(5) A variation takes effect on the day the notice is given or on a later day specified in the notice.
(6) The Secretary may refuse to vary a community store licence under subsection (1) if:
(a) a person:
(i) unreasonably withholds consent for an authorised officer to enter the premises of the community store under section 71; or
(ii) unreasonably refuses to provide documents, material or assistance as required by section 72; or
(b) the owner or manager of the community store does not give the Secretary sufficient documents, material or assistance to enable the Secretary to make an informed decision.
(7) Subsection (6) does not limit the grounds on which the Secretary may refuse to vary a community store licence.
(8) If the Secretary refuses to vary a community store licence in accordance with an application made under subsection 57(1), the Secretary must give written notice of the refusal to the owner and manager of the store.