Commonwealth Numbered Acts

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TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 91

Grant, revocation and variation of authorizations.
91. (1) An authorization may be expressed to be in force for a period
specified in the authorization and, if so expressed, remains in force for that
period only.

(2) If the Commission considers that it is appropriate to do so-

   (a)  for the purpose of enabling due consideration to be given to an
        application for an authorization;

   (b)  pending the expiration of the time allowed for the making of an
        application to the Tribunal for review of a determination by the
        Commission of an application for an authorization and, if such an
        application for a review is made, pending the making of a
        determination by the Tribunal on the review; or

   (c)  for any other reason, the Commission may grant an authorization that
        is expressed to be an interim authorization, and the Commission may at
        any time revoke such an authorization.

(3) An authorization may be expressed to be subject to such conditions as are
specified in the authorization.

(4) If, at any time after the Commission has granted an authorization, it
appears to the Commission that the authorization was granted on the basis of
evidence or information that was false or misleading in a material particular,
that a condition to which the authorization was expressed to be subject has
not been complied with or that there has been a material change of
circumstances since the authorization was granted-

   (a)  the Commission shall give notice accordingly to the corporation to
        which the authorization was given and any other persons who appear to
        the Commission to be interested and afford them a reasonable
        opportunity of making submissions to the Commission in the matter; and

   (b)  where, after so notifying the corporation and other persons (if any)
        and considering any submissions made by those persons, the Commission
        is satisfied that the authorization was granted on the basis of
        evidence or information that was false or misleading in a material
        particular, that the condition has not been complied with or that
        there has been such a material change of circumstances, the Commission
        may make a determination revoking the authorization and, if it
        considers it appropriate to do so, granting a further authorization in
        substitution for the authorization so revoked. 


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