New South Wales Consolidated Acts

BUILDING AND DEVELOPMENT CERTIFIERS ACT 2018 - SECT 63

63 Grant or refusal of approval

(1) The Secretary may, on application, grant or refuse approval to exercise the functions of an accreditation authority.

(2) On the granting of an approval, the applicant's proposed accreditation scheme becomes, for the purposes of this Act, the
"accreditation scheme" of the accreditation authority and is taken to form part of the approval.

(3) The Secretary may refuse an approval to exercise the functions of an accreditation authority--

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

(b) if the Secretary is of the opinion that it is not in the public interest to approve the application, or

(c) if the Secretary is of the opinion that the applicant is not a suitable person to be approved as an accreditation authority, or

(d) if the Secretary is of the opinion that the proposed accreditation scheme does not comply with the requirements of this Act, the regulations or the accreditation authority approval guidelines, or

(e) if the Secretary is not satisfied that the applicant has met all the requirements for the grant of an approval set out in the accreditation authority approval guidelines, or

(f) on any other ground prescribed by the regulations.

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

(a) any matter prescribed by the regulations,

(b) any other circumstances that the Secretary considers relevant.

(5) The Secretary is to give the applicant written notice of a decision to grant or refuse approval.

(6) If the Secretary fails to give an applicant for approval notice of a decision to grant or refuse approval within the period prescribed by the regulations, the Secretary is taken to have refused approval.

(7) The Secretary is to cause notice of any approval granted to be published in the Gazette.