Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsNotice of proposed revocation
(1) Before deciding to revoke an approval of an accreditation scheme under subregulation 20BK(1), the Regulator must:
(a) notify the scheme operator, in writing, of:
(i) the proposed revocation; and
(ii) the reasons for the proposed revocation; and
(b) invite the scheme operator to:
(i) make a submission as to why the approval should not be revoked; and
(ii) do so within the period specified in the notice; and
(c) both:
(i) publish details of the proposed revocation and reasons on the Regulator's website on the day that the Regulator notifies the scheme operator under paragraph (a); and
(ii) invite members of the public to make submissions on the proposed revocation within the period specified in the notice under paragraph (a).
(2) The period (the response period ) specified in the notice under paragraph (1)(a) must be at least 28 days commencing on the day the notice is given.
Decision on revocation
(3) In deciding whether to revoke the approval of an accreditation scheme under subregulation 20BK(1), the Regulator must consider any submissions made within the response period.
(4) The Regulator must:
(a) both:
(i) notify the scheme operator, in writing, of the decision; and
(ii) publish details of the decision on the Regulator's website; and
(b) do so within 28 days after the end of the response period.
(5) If the decision is to revoke the approval of the accreditation scheme, the notice and published details must include the reasons for the decision.
Deemed decision to revoke
(6) If the Regulator does not comply with subregulation (4) within 28 days after the end of the response period, the Regulator is taken to have decided to revoke the approval of the accreditation scheme at the end of that period.
(7) Paragraph (4)(a) does not apply to a decision that is taken to have been made because of subregulation (6).
When revocation has effect
(8) If no submissions were made within the response period, the revocation has effect on the day after the last day of the response period.
(9) If submissions were made within the response period, the revocation has effect on:
(a) if the scheme operator was given a notice under subregulation (4)--the day after the scheme operator was given the notice; or
(b) if the scheme operator was not given a notice under subregulation (4)--the day after the Regulator is taken, under subregulation (6), to have decided to revoke the approval of the accreditation scheme.
Notification of deemed decision
(10) If a decision (the deemed decision ) is taken to have been made because of subregulation (6), the Regulator must publish details of the deemed decision on the Regulator's website as soon as practicable after the deemed decision is taken to have been made.
Decision to be notified by notifiable instrument
(11) In addition to any other requirement under this regulation, a decision (including a deemed decision) to revoke the approval of an accreditation scheme is to be notified by notifiable instrument as soon as practicable after the decision is made or is taken to have been made.