Australian Capital Territory Numbered Acts

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PROFESSIONAL ENGINEERS ACT 2023 (NO. 8 OF 2023) - SECT 34

Revocation of approval

    (1)     On written application by an assessment entity, the director-general must revoke the approval of the entity if the director-general is satisfied that it is appropriate to revoke the approval.

    (2)     The director-general may revoke the approval of an assessment entity on the director-general's own initiative if the director-general—

        (a)     is satisfied that 1 or more of the following applies:

              (i)     the entity has failed to comply with the conditions of its approval;

              (ii)     the entity knowingly or recklessly used false or misleading information to become an assessment entity;

              (iii)     the entity has stopped being eligible to hold an approval;

              (iv)     the entity has contravened this Act;

              (v)     the entity has failed to comply with the conditions of an approval granted under a relevant law for the entity to conduct an assessment scheme (however described) in that jurisdiction;

              (vi)     the entity has contravened a relevant law when conducting an assessment scheme (however described) in that jurisdiction; and

        (b)     has given the entity a written notice that—

              (i)     states that the director-general proposes to revoke the approval; and

              (ii)     states the reason the director-general proposes to revoke the approval; and

              (iii)     tells the entity that it may give a written response to the director-general about the matters stated in the notice not later than 28 days after the entity receives the notice; and

        (c)     has considered any response given in accordance with paragraph (b) (iii); and

        (d)     is satisfied that it is appropriate to revoke the approval.

    (3)     Revocation of an approval takes effect—

        (a)     for a revocation under subsection (1)—

              (i)     90 days after the day the revocation is notified; or

              (ii)     if a later date is stated in the revocation—on that date; or

        (b)     for a revocation under subsection (2)—on the day stated in the revocation.

    (4)     A revocation is a notifiable instrument.



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