Victorian Current Acts Victorian Current ActsS. 81D(1) amended by No. 3/2002 s. 16(a).
(1) The Secretary may cancel a permit granted under section 78(1) if the Secretary is satisfied, on reasonable grounds, that—
(a) the holder of the permit has been found guilty of an offence against this Act; or
(b) the holder of the permit has breached a condition of the permit; or
(c) that the act or acts authorised by the permit may adversely affect a population of a particular taxon of whale; or
(d) where the holder of the permit has been convicted of an offence against a law of the Commonwealth or of a State or a Territory of the Commonwealth relating to fauna, to the preservation, conservation and protection of whales or to the living natural resources of the continental shelf of Australia.
S. 81D(2) amended by No. 3/2002 s. 16(b).
(2) Before cancelling a permit granted under section 78(1)(d) the Secretary must—
(a) notify the holder that he or she proposes to cancel the permit; and
(b) allow the holder of the permit an opportunity to make either oral or written submissions.
(3) Submissions under subsection (2) must be made within the period specified in the notice.
S. 81D(4) amended by No. 3/2002 s. 16(c).
(4) In making a decision as to whether or not to cancel a permit granted under section 78(1)(d), the Secretary must—
(a) have regard to any submissions made under subsection (2) within the period specified in the notice; and
(b) must notify the holder of his or her decision.
S. 81D(5) amended by No. 3/2002 s. 16(d).
(5) A cancellation of a permit granted under section 78(1)(d) has effect from the time specified in the notice of the Secretary's decision under subsection (4), which must be after the day on which the notice is given.
(6) Any wildlife held under a permit which has been granted under section 78(1)(d) and which has been cancelled under this section must be disposed of in accordance with the directions of the Secretary.
S. 82
inserted by No. 9694
s. 4.