Queensland Consolidated Regulations

TRANSPORT OPERATIONS (MARINE SAFETY) REGULATION 2016 - REG 137

137 Amendment on administering agency’s initiative

(1) The administering agency may amend a marine licence at any time if—

(a) the holder of the licence agrees to the amendment; or

(b) the administering agency considers it necessary or desirable—

(i) because the holder has contravened the Act ; or

(ii) because the licence was granted in error or because of a document or representation that—

(A) was false or misleading; or

(B) was obtained or made in another improper way; or

(iii) to ensure marine safety.

Example for subparagraph (iii)—

The administering agency considers it necessary or desirable to impose a condition on the marine licence because of the holder’s medical condition.

(2) If the administering agency proposes to amend a marine licence for a reason mentioned in subsection (1) (b) , the administering agency must give the holder a written notice under this section.

(3) The notice must state the following—

(a) the proposed amendment;

(b) the grounds for the proposed amendment;

(c) an outline of the facts and circumstances forming the basis for the grounds;

(d) that the holder may, within the period of at least 30 days stated in the notice, make written representations showing cause why the amendment should not be made.

(4) If, after considering all written representations made within the stated time, the administering agency still considers the amendment is necessary or desirable, the administering agency may amend the marine licence.

(5) If the administering agency decides to amend the marine licence, the administering agency must give the holder of the licence written notice of the decision, which must state—

(a) the reasons for the decision; and

(b) the prescribed review information for the decision.

(6) If, after considering the written representations, the administering agency decides the amendment should not be made, the administering agency must give the holder written notice of the decision within 14 days after making the decision.