Western Australian Current Acts

TOBACCO PRODUCTS CONTROL ACT 2006 - SECT 42

42 .         Conditions and restrictions of particular application

        (1)         The CEO may issue or renew a licence subject to conditions and restrictions set out in, or provided with, the licence.

        (2)         The CEO may decide to make an existing licence subject to a new condition or restriction or to change or remove a condition or restriction to which an existing licence is subject, but in that case —

            (a)         the CEO is to give written notice of the decision to the holder of the licence no later than 14 days after the decision is made and inform the holder of the right to apply to the State Administrative Tribunal for a review of the decision; and

            (b)         the CEO is to have regard to the submissions, if any, of the holder of the licence in relation to the proposal.

        (3)         A decision under subsection (2) takes effect 28 days after it is made, or at such later time as is set out in the notice unless —

            (a)         the CEO revokes the decision before that time; or

            (b)         the holder of the licence applies to the State Administrative Tribunal for a review of the decision.

        (4)         Subsection (2) does not apply to conditions and restrictions mentioned in section 41.

        (5)         The holder of a licence may apply in the approved form to the CEO for the removal of, or change to, a condition or restriction to which an existing licence is subject in which case subsection (2) applies to that application.