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PRIVATE SECURITY ACT 2004 - SECT 41 Power of Chief Commissioner to vary licence on own motion

PRIVATE SECURITY ACT 2004 - SECT 41

Power of Chief Commissioner to vary licence on own motion

    (1)     The Chief Commissioner may, on the Chief Commissioner's own motion—

        (a)     vary or revoke a condition on a private security licence, other than a prescribed condition; or

        (b)     impose a condition on the licence.

    (2)     Before making a variation under this section, the Chief Commissioner must—

        (a)     notify the holder of the licence; and

        (b)     allow the holder an opportunity to make written submissions.

    (3)     Submissions under subsection (2) must be made within the period specified in the notice.

    (4)     The powers of the Chief Commissioner under sections 20 to 24 apply in respect of a variation made by the Chief Commissioner under this section as if it were an application for a private security licence.

    (5)     In deciding whether or not to make a variation under this section, the Chief Commissioner must—

        (a)     have regard to submissions made under subsection (2) within the period for making submissions; and

        (b)     notify the holder of the licence of the Chief Commissioner's decision.

    (6)     A variation under this section has effect from the later of—

        (a)     the date that the notice under subsection (5) is served; or

        (b)     the date that is specified by the Chief Commissioner in that notice.