Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p50
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 50/54)
Character Range: 163272–166038

Suspensions of approved providers from making assessments are reviewable under Part 6.1.
Note 2: See also section 27‑3 (reappraisal required by Secretary) and Division 29A (civil penalty for incorrect classifications).
 (3) Before deciding to suspend an approved provider from making appraisals and reappraisals, the Secretary must notify the approved provider that suspension is being considered. The notice must be in writing and must:
 (a) specify the period proposed for the suspension; and
 (b) invite the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and
 (c) inform the approved provider that if no submissions are made within that period, any suspension will take effect on the day after the last day for making submissions.
 (4) In making the decision whether to suspend the approved provider, the Secretary must consider any submissions given to the Secretary within that period.
 (5) The Secretary must notify the approved provider, in writing, of the decision:
 (a) not to suspend the approved provider from making appraisals and reappraisals; or
 (b) to suspend the approved provider from making appraisals and reappraisals for the period specified in the notice.
 (6) The notice must be given to the approved provider within 28 days after the end of the period for making submissions. If the notice is not given within this period, the Secretary is taken to have decided not to suspend the approved provider.
 (6A) The Secretary may specify in the notice that the suspension will not take effect if, within the period specified in the notice, the approved provider enters into an agreement with the Secretary (see section 25‑4A).
 (6B) If the Secretary does so:
 (a) the suspension does not take effect if the approved provider enters into the agreement within the period specified in the notice (unless the Secretary later decides under subsection 25‑4B(1) that it is to take effect); and
 (b) the suspension takes effect on the day after the last day of the period specified in the notice, if the approved provider does not enter into the agreement within that period.
 (7) If the Secretary does not do so, the suspension takes effect:
 (a) if no submission was made under subsection (3)—on the day after the last day for making submissions; or
 (b) if such a submission was made—7 days after the day on which the notice under subsection (5) was given.

25‑4A  Stay of suspension agreements
 (1) An agreement entered into for the purposes of subsection 25‑4(6A) may require the approved provider to do either or both of the following:
 (a) provide, at its expense, such training as is specified in the agreement for its officers, employees and agents within the period specified in the