Energy Grants (Cleaner Fuels) Scheme (Consequential Amendments) Act 2004 (42 of 2004)

Schedule 2   Amendment of other Acts

Excise Act 1901

5   After section 39D

Insert:

39DA Changing licence conditions on own initiative

(1) The Collector may, on his or her own initiative, do one or more of the following:

(a) vary or revoke a condition of a licence (other than a condition covered by subsection 39D(1) or (2));

(b) impose an additional condition for the licence;

by written notice given to the licence holder in accordance with subsection (3).

(2) The Collector must be satisfied that the variation, revocation or imposition is necessary or desirable:

(a) for the protection of the revenue; or

(b) for the purpose of ensuring compliance with the Excise Acts.

(3) The notice must:

(a) state the day (which must be at least 7 days after the day the notice is served) the variation, revocation or imposition is to take effect; and

(b) state that contravening a licence condition may make the licence holder liable for an offence; and

(c) be:

(i) served, either personally or by post, on the licence holder; or

(ii) served personally on a person who, at the time of service, apparently participates in the management or control of the premises specified in the licence.