New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 197

197 Grant or refusal of accreditation

(1) The accreditation authority may, on application, grant or refuse to grant accreditation as a biosecurity certifier.

(2) The accreditation authority may refuse to grant accreditation--

(a) if the application for accreditation does not comply with any requirement imposed by or under this Act, or

(b) if the accreditation authority is not satisfied that the applicant can ensure that the issue of biosecurity certificates by the applicant will be carried out only by individuals who are suitable and have the qualifications, skills, knowledge and experience required by the accreditation authority's accreditation policy, or

(c) if the accreditation authority is of the opinion that the applicant is not a suitable person to be accredited as a biosecurity certifier, or

(d) on any grounds prescribed by the regulations.

(3) A decision about the suitability of a person for accreditation may be made having regard to any of the following--

(a) the fact that the applicant has been found guilty of an offence under this Act or the regulations, or an offence under any other Act or law,

(b) an accreditation audit,

(c) any matter prescribed by the regulations,

(d) any other circumstances that the accreditation authority considers relevant.

(4) The regulations may prescribe circumstances in which it is mandatory for an accreditation authority to refuse accreditation.

(5) An accreditation authority must refuse accreditation if it is mandatory for the accreditation authority to refuse accreditation.

(6) The accreditation authority is to give the applicant notice in writing of a decision to grant or refuse accreditation.

(7) An accreditation authority that fails to give an applicant for accreditation notice of a decision to grant or refuse accreditation within the period prescribed by the regulations is taken to have refused accreditation.