Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The corporate director may vary a determination made under section 1233M if it is necessary to do so to ensure that the determination remains operative for the purposes of subsection 1233M(4).
(2) If, as a result of a change in circumstances, a determination has or will become inoperative, the corporate director must vary the determination as soon as is practicable.
Note: The variation may take effect retrospectively to make operative a determination that has become inoperative: see paragraph (3)(b).
(3) The variation:
(a) must be fair and reasonable in the circumstances and having regard to:
(i) the matters referred to in paragraph 1233L(1)(b); and
(ii) the time at which it starts to apply; and
(b) must specify the time at which it starts to apply, which may be earlier or later than the time at which the variation is made; and
(c) must result in the liability being wholly allocated; and
(d) must be made in writing.
Effect of variation
(4) The variation takes effect from the time at which it starts to apply.
Fault - based offences
(5) A person commits an offence if:
(a) the person is subject to a requirement under subsection (2); and
(b) the person fails to comply with the requirement.