Victorian Consolidated Regulations

2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 513

Variation or cancellation of approval-without application

513. Variation or cancellation of approval-without application



(1) If the Corporation is satisfied on reasonable grounds that an application
for the approval of an electronic work diary was false or misleading in a
material respect, the Corporation may-

   (a)  cancel the approval; or

   (b)  if the circumstances do not require the cancellation of the approval,
        vary the approval.





(2) Before the Corporation cancels or varies an approval of an electronic work
diary the Corporation must give to the person to whom the certificate of
approval was issued written notice that the Corporation proposes to cancel or
to vary the approval, as the case may be.

(3) The notice under subregulation (2) must-

   (a)  if the proposed action is to vary the approval, state the proposed
        variation; and

   (b)  state the ground for the proposed cancellation or variation; and

   (c)  outline the facts and other circumstances forming the basis for the
        ground; and

   (d)  invite the person to state in writing, within a specified period of at
        least 14 days after the notice is given, why the approval should not
        be varied or cancelled.

(4) If, after considering any written statement made within the specified
time, the Corporation is satisfied that the application was false or
misleading in a material respect, the Corporation may decide-

   (a)  if the proposed action is to vary the approval, to vary the approval
        in the manner stated in the notice; or

   (b)  if the proposed action is to cancel the approval-

   (i)  to cancel the approval; or

   (ii) to vary the approval in any manner.

(5) The Corporation must give the person written notice of the Corporation's
decision.



(6) If the Corporation decides to vary or cancel the approval, the Corporation
must also give the person a written notice that states-

   (a)  the reasons for the decision; and

   (b)  that the person may apply to have the decision reconsidered.

(7) The variation or cancellation takes effect-

   (a)  when written notice of the decision, and the reasons for the decision,
        is given to the person; or

   (b)  if a later time is stated in the notice, that time.

(8) Section 191ZZZD of the Act applies to a reconsideration of a decision
under this regulation as though it were a decision to which Division 9 of Part
10A of the Act applies.