Australian Capital Territory Current Acts

PROFESSIONAL ENGINEERS ACT 2023 - SECT 33

    (1)     On written application by an assessment entity, the director-general may vary the approval of the entity if the director-general—

        (a)     has considered any reasons provided by the entity in its application to vary the approval; and

        (b)     is satisfied that it is appropriate to vary the approval.

    (2)     The director-general may vary the approval of an assessment entity on the director-general's own initiative if the director-general—

        (a)     has given the entity a written notice that—

              (i)     states how the director-general proposes to vary the approval; and

              (ii)     states the reason the director-general proposes to vary the approval; and

              (iii)     tells the entity that it may give a written response to the director-general about the matters stated in the notice not later than 28 days after the entity receives the notice; and

        (b)     has considered any response given in accordance with paragraph (a) (iii); and

        (c)     is satisfied that it is appropriate to vary the approval.

    (3)     A variation of an approval takes effect on the day stated in the variation.

    (4)     A variation of an approval is a notifiable instrument.

    (5)     In this section:

"vary", in relation to an approval—

        (a)     includes—

              (i)     varying the term of the approval; and

              (ii)     adding, amending or removing a condition of the approval; but

        (b)     does not include amending the approval to authorise the assessment entity to conduct an assessment scheme for an additional area of engineering.