Document ID: chunk:federal_register_of_legislation:F2024C00977:reg:9s
Version: federal_register_of_legislation:F2024C00977
Segment Type: reg
Provision Reference: reg 9S
Character Range: 52551–55057

9S  Automatic continuation of approval as CPD provider until application to be approved again is dealt with

When person's approval is automatically continued
 (1) Subregulation (3) applies to continue a person's approval as a CPD provider beyond its expiry day if:
 (a) before the end of the expiry day, the person made an application to be approved again as a CPD provider in accordance with regulation 9M; and
 (b) the Minister had not decided the application by the end of the expiry day.

Exception—cancellation
 (2) However, subregulation (3) does not apply to continue a person's approval as a CPD provider if, before the end of the expiry day, the Minister cancelled the approval.

Period of continuation of approval
 (3) The person's approval as a CPD provider is taken to continue after the expiry day until:
 (a) the end of the day the Minister decides the application; or
 (b) if the Minister decides to cancel the person's approval—the day the cancellation takes effect; or
 (c) the end of the period of 21 months beginning on the day after the expiry day.

Approval if no decision within a certain period
 (4) If, before the end of the period of 21 months beginning on the day after the expiry day, the Minister has neither decided the application nor cancelled the approval, then the Minister is taken to have approved the person as a CPD provider at the end of the last day of that period. The approval is taken to be subject to any conditions specified by the Minister in the previous approval in accordance with paragraph 9Q(1)(a).

When approval is in effect
 (5) If the Minister decides to approve, or is taken to have approved, the person as a CPD provider, the approval:
 (a) takes effect at the end of the day the Minister approves or is taken to have approved the person; and
 (b) unless continued by subregulation (3) or cancelled under regulation 9T, continues in effect until the end of its expiry day (see paragraph 9R(3)(b)).
Example: The expiry day for a person's approval is 31 October 2020. On 20 October the person applies to be approved again. The Minister has not decided the person's application by the end of 31 October.
 The person's approval continues automatically past 31 October.
 The Minister approves the person on 15 November. The new approval takes effect at the end of 15 November 2020 and continues in effect from that time until its expiry day on 31 October 2022 (the second anniversary of the expiry day for the previous approval—see paragraph 9R(3)(b)).