Commonwealth Consolidated Acts

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Variation of rules

             (1)  Subject to subsection (2), the rules governing the use of a registered certification trade mark may be varied in accordance with the regulations.

             (2)  The rules may not be varied without the approval of the Commission.

             (3)  Before deciding to approve a variation, the Commission must be satisfied that the rules as varied:

                     (a)  would not be to the detriment of the public; and

                     (b)  are satisfactory having regard to the criteria prescribed for the purposes of paragraph 175(2)(b).

             (4)  The Commission must notify, in accordance with the regulations, a decision to approve a variation or not to approve a variation.

             (5)  An application may be made to the Administrative Appeals Tribunal for the review of a decision of the Commission to approve or not to approve a variation of the rules.

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