Commonwealth Consolidated Acts

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EXCISE ACT 1901 - SECT 39DA

Changing licence conditions on own initiative

             (1)  The Collector may, on his or her own initiative, do one or more of the following:

                     (a)  vary or revoke a condition of a licence (other than a condition covered by subsection 39D(1) or (2));

                     (b)  impose an additional condition for the licence;

by written notice given to the licence holder in accordance with subsection (3).

             (2)  The Collector must be satisfied that the variation, revocation or imposition is necessary or desirable:

                     (a)  for the protection of the revenue; or

                     (b)  for the purpose of ensuring compliance with the Excise Acts.

             (3)  The notice must:

                     (a)  state the day (which must be at least 7 days after the day the notice is served) the variation, revocation or imposition is to take effect; and

                     (b)  state that contravening a licence condition may make the licence holder liable for an offence; and

                     (c)  be:

                              (i)  served, either personally or by post, on the licence holder; or

                             (ii)  served personally on a person who, at the time of service, apparently participates in the management or control of the premises specified in the licence.



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