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BIOSECURITY ACT 2015 - SECT 207

Biosecurity certifier to be given opportunity to make submissions about suspension

207 Biosecurity certifier to be given opportunity to make submissions about suspension

(1) Before suspending the accreditation of a biosecurity certifier, an accreditation authority must--
(a) give notice in writing to the biosecurity certifier of the accreditation authority's intention to suspend accreditation and the proposed grounds for doing so, and
(b) invite the biosecurity certifier to make a submission to the accreditation authority about the proposed suspension, and
(c) take into account any submission made to the accreditation authority by the biosecurity certifier before the deadline for the making of a submission.
(2) An accreditation authority is to specify a deadline for the making of a submission to the accreditation authority about the proposed suspension that is at least 30 days after the notice of the proposed suspension is given to the biosecurity certifier.
(3) An accreditation authority is not required to give notice under this section of a proposed suspension if the accreditation authority proposes to suspend the accreditation because the accreditation authority is of the opinion that--
(a) the suspension relates to a matter of critical non-compliance, or
(b) the biosecurity certifier has issued a biosecurity certificate that is false or misleading in a material particular or has otherwise engaged in fraudulent behaviour.
(4) However, if the accreditation authority suspends accreditation of a biosecurity certifier without giving prior notice to the biosecurity certifier, the accreditation authority must--
(a) give the biosecurity certifier notice in writing of the grounds for the suspension, and
(b) invite the biosecurity certifier to make a submission to the accreditation authority about the suspension by a specified deadline that is at least 30 days after the notice is given to the biosecurity certifier.
(5) If the biosecurity certifier makes a submission to the accreditation authority about the suspension before the specified deadline, the accreditation authority must--
(a) decide whether the suspension should be revoked or continued, having regard to that submission, and
(b) give notice in writing of that decision to the biosecurity certifier.



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