New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 201

201 Grant or refusal of renewal application

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

(2) An accreditation authority may refuse to renew accreditation--

(a) if the application for renewal of 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) any biosecurity audit relating to the biosecurity certifier,

(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 to renew accreditation.

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

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

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