Australian Capital Territory Consolidated Acts

DANGEROUS SUBSTANCES ACT 2004 - SECT 59

    (1)     This section applies to a licensee if the director-general proposes, on the director-general's own initiative, to amend the licence to impose a condition, or to amend or revoke a condition included in the licence by the director-general (the proposed action ).

    (2)     The director-general must give the licensee a written notice stating—

        (a)     the proposed action; and

        (b)     if the proposed action is to impose a condition—the proposed condition; and

        (c)     if the proposed action is to amend a condition—the condition as proposed to be amended; and

        (d)     an explanation for the proposed action; and

        (e)     that the licensee may, within 14 days after the day the licensee receives the notice, give a written response to the director-general about the notice.

    (3)     In deciding whether to take the proposed action, the director-general must consider any response given to the director-general in accordance with the notice.

    (4)     The director-general must give the licensee written notice of the director-general's decision.

    (5)     If the director-general decides to take the proposed action, the director-general's decision takes effect 14 days after the day when notice of the decision is given to the licensee or, if the notice states a later date of effect, that date.

    (6)     If the licence is amended, the director-general must, as soon as practicable after the licence has been returned to the director-general, amend the licence or give the licensee a replacement licence showing the amendment.

Note     The licensee must return the licence to the director-general for amendment (see s 64).

    (7)     This section does not affect the taking of action under part 4.4 (Disciplinary action).