Section 73ZOC — National Disability Insurance Scheme Act 2013: Variation or revocation of anti-promotion orders

Variation or revocation of anti-promotion orders (1) The Commissioner may vary or revoke an anti-promotion order, by giving written notice to the person against whom the order was made, if the Commissioner is satisfied it is appropriate to do so. (2) The Commissioner may do so: (a) on the Commissioner’s own initiative; or (b) on application by the person against whom the order was made. (3) Without limiting subsection (1), a variation may involve imposing new conditions or varying or removing existing conditions. Process (4) An application under paragraph (2)(b) must: (a) be in writing; and (b) be in the form (if any) approved in writing by the Commissioner; and (c) include any information, and be accompanied by any documents, required by the Commissioner. (5) If the Commissioner proposes not to vary or revoke an anti-promotion order in accordance with an application lodged by the person under paragraph (2)(b), the Commissioner: (a) must give the person an opportunity to make submissions to the Commissioner on the matter; and (b) must not make the proposed decision unless the period of 7 days after the opportunity was given has ended. (6) The Commissioner must include in the notice under subsection (1) a statement of reasons for the variation or revocation. Application of variation or revocation of anti-promotion order (7) A variation of an anti-promotion order takes effect on the day specified in the notice under subsection (1), which must not be earlier than: (a) unless paragraph (b) applies—7 days after the day the notice is given; or (b) if the Commissioner considers it is necessary for the variation to take effect earlier than that 7 day period in order to protect the health, safety or wellbeing of a person with disability—the day after the day the notice is given. (8) A revocation of an anti-promotion order takes effect on the day specified in the notice under subsection (1), which must not be earlier than the day the notice is given. (9) A variation or revocation of an anti-promotion order is not a legislative instrument.