Document ID: chunk:federal_register_of_legislation:C2024C00639:section:91
Version: federal_register_of_legislation:C2024C00639
Segment Type: section
Provision Reference: s 91
Character Range: 138088–140075

91  Co‑regulatory product stewardship—replacing administrator
 (1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, approves the appointment.
Note 1: See sections 172, 173 and 174 for additional matters relating to applications.
Note 2: The Minister may cancel the arrangement's approval if this subsection is not complied with (see section 87).
 (2) The Minister must decide to:
 (a) approve the appointment; or
 (b) refuse to approve the appointment.
Note: A decision to refuse to approve the appointment is a reviewable decision (see section 151) and the Minister must give the person written notice of the decision (see section 152).
 (3) In deciding whether to approve the appointment, the Minister must have regard to the following matters:
 (a) whether the Minister would have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made;
 (b) if a request has been made under subsection 174(1) in relation to the application—whether the person has given the Minister further information or documents within the period specified in the request in relation to the application;
 (c) whether information or a document provided in the application under subsection (1) of this section, or as requested under section 174, is false or misleading;
 (d) any other matters prescribed by the rules.
Note: For approval requirements relating to administrators, see:
(a) paragraph 85(2)(d) (administrator to be a fit and proper person); and
(b) paragraph 85(3)(f) (administrator to be a body corporate).
 (4) In deciding whether to approve the appointment, the Minister may have regard to any other matter that the Minister considers relevant.
 (5) The Minister must give the person written notice of the Minister's decision on an application under subsection (1).

Part 5—Mandatory product stewardship