Victorian Current Acts Victorian Current Acts(1) The Secretary may cancel a permit granted under this Division 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) the act or acts authorised by the permit adversely affects a population of a particular taxon of whale; or
(d) 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.
(2) Before cancelling a permit, 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.
(4) In making a decision as to whether or not to cancel a permit, 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.
(5) The cancellation of a permit 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.
Pt 10 Div. 3 (Heading) inserted by No. 3/2002 s. 18.
Division 3—Regulations and miscellaneous matters
S. 84
inserted by No. 9694
s. 4,
amended by No. 41/1987 s. 103(Sch. 4 item 76.81).