Victorian Consolidated Regulations

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OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2017 - REG 482

Authority may amend licence unilaterally

    (1)     The Authority may determine on its own initiative to amend a licence.

    (2)     Without limiting subregulation (1), the Authority may impose any terms or conditions on a licence that it may impose under Division 2 at any time, and it may amend or delete any existing terms or conditions of a licence.

    (3)     If a proposed amendment merely corrects an obvious error in a licence, or is of a nature that is not likely to impose any significant burden on the licence holder, the Authority may make the amendment, and must then give the licence holder written notice that it has done so.

    (4)     If subregulation (3) does not apply, before amending a licence under this regulation the Authority must give the licence holder written notice (the "first notice") of the proposed amendment—

        (a)     setting out the proposed amendment and the reasons for it; and

        (b)     inviting the licence holder to make a submission to the Authority in relation to the proposed amendment within a specified period of not less than 14 days.

    (5)     After considering any submission made by, or on behalf of, the licence holder in the period allowed, the Authority may amend the licence by giving a second written notice (the second notice ) to the licence holder.

    (6)     A notice under subregulation (5) must—

        (a)     set out the amendment; and

        (b)     if a submission was made by, or on behalf of, the licence holder in relation to the amendment, set out the Authority's reasons for making the amendment in the light of the submission; and

        (c)     specify the date on which the amendment is to take effect.

    (7)     In specifying the date that the amendment is to take effect, the Authority must not specify a date that is less than 30 days after the licence holder is given the second notice.

    (8)     Despite subregulation (7), if in the opinion of the Authority there exists an immediate risk to health or safety, the Authority may specify that an amendment is to take effect on a date that is within that 30-day period.

    (9)     The amendment set out in the second notice can be different from the amendment set out in the first notice if the difference is the result of taking into account, or of anything arising from, any submission made by, or on behalf of, the licence holder.



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