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19. Exercise of own-initiative power: procedure

(1) This section applies to an exercise of the own-initiative variation power or own-initiative requirement power in relation to a licensed person ("A").
(2) A variation of a licence or the imposition or variation of a requirement takes effect —
(a) immediately, if the notice given under subsection (4) states that that is the case;
(b) on such date as may be specified in the notice; or
(c) if no date is specified in the notice, when the matter to which the notice relates is no longer open to review.
(3) A variation of a licence, or the imposition or variation of a requirement, may be expressed to take effect immediately (or on a specified date) only if the Registrar, having regard to the ground on which it is exercising its own-initiative variation power or own-initiative requirement power, reasonably considers that it is necessary for the variation, or the imposition or variation of the requirement, to take effect immediately (or on that date).
(4) If the Registrar proposes to vary a licence or to impose or vary a requirement, or varies a licence or imposes or varies a requirement, with immediate effect, it must give A written notice.
(5) The notice must —
(a) give details of the variation of the licence or the imposition or variation of the requirement;
(b) state the Registrar's reasons for the variation of the licence or the imposition or variation of the requirement;
(c) inform A that A may make representations to the Registrar within such period as may be specified in the notice (whether or not A has referred the matter to the court);
(d) inform A of when the variation of the licence or the imposition or variation of the requirement takes effect; and
(e) inform A of A's right to refer the matter to the court.
(6) The Registrar may extend the period allowed under the notice for making representations.
(7) If, having considered any representations made by A, the Registrar decides —
(a) to vary the licence, or impose or vary the requirement, in the way proposed; or
(b) if the licence has been varied or the requirement imposed or varied, not to rescind the variation of the licence or the imposition or variation of the requirement,
it must give A written notice.
(8) If, having considered any representations made by A, the Registrar decides —
(a) not to vary the licence, or impose or vary the requirement, in the way proposed,
(b) to vary the licence or requirement in a different way, or impose a different requirement; or
(c) to rescind a variation or requirement which has effect,
it must give A written notice.
(9) A notice under subsection (7) must inform A of A's right to refer the matter to the court.
(10) A notice under subsection (8)(b) must comply with subsection (5).
(11) If a notice informs A of A's right to refer a matter to the court, it must give an indication of the procedure on such a reference.
(12) For the purposes of subsection (2)(c), whether a matter is open to review is to be determined in accordance with section 51(9).