Commonwealth Consolidated Acts

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INDUSTRIAL CHEMICALS ACT 2019 - SECT 61

Changing authorisation holders on Executive Director's initiative

  (1)   The Executive Director may remove a person as a holder of a commercial evaluation authorisation if the Executive Director is satisfied that:

  (a)   the person is not complying with the terms of the authorisation; or

  (b)   the person has made a statement, or given a document or information, to the Executive Director in connection with the authorisation that was false or misleading in a material particular.

  (2)   Before removing the person, the Executive Director must give written notice of the proposed removal, and the reasons for the removal, to the person.

  (3)   The person may make a written submission to the Executive Director about the proposed removal.

  (4)   A submission must be made within the period specified in the notice, which must not be less than 20 working days after the day the notice is given.

  (5)   After considering any submissions made during that period, the Executive Director must decide to:

  (a)   remove the person as a holder of the authorisation; or

  (b)   not remove the person as a holder of the authorisation.

  (6)   The Executive Director must give written notice of the decision to the following:

  (a)   the person;

  (b)   each holder of the authorisation.

  (7)   If, after removing the person, there are no holders of the authorisation, the Executive Director may take the authorisation to be cancelled.



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