Document ID: chunk:federal_register_of_legislation:F2023C00779:clause:1_13
Version: federal_register_of_legislation:F2023C00779
Segment Type: clause
Provision Reference: sch 1 cl 13
Character Range: 12809–14406

13  Pre‑accreditation audit unnecessary in certain circumstances
 (1) The Federal Safety Commissioner may accredit an applicant under section 8 without a pre‑accreditation audit of the applicant having been carried out if:
 (a) the applicant is, or has been, an accredited person; and
 (b) a post‑accreditation audit of the applicant has been carried out; and
 (c) the Commissioner considers that it is appropriate to accredit the applicant without carrying out a pre‑accreditation audit, having regard to:
 (i) the findings of the post‑accreditation audit; and
 (ii) any other matters that the Commissioner considers relevant.
 (2) Also, the Federal Safety Commissioner may accredit an applicant under section 8 without a pre‑accreditation audit of the applicant having been carried out if:
 (a) another person that is an accredited person has been subject to a pre‑accreditation audit or a post‑accreditation audit; and
 (b) at the time the applicant made the application, the other person's WHSMS and the applicant's WHSMS were the same; and
 (c) the Commissioner considers that it is appropriate to accredit the applicant without a pre‑accreditation audit of the applicant, having regard to:
 (i) the findings of the audit mentioned in paragraph (a); and
 (ii) any other matters that the Commissioner considers relevant.
Note: An applicant for accreditation must agree to a pre‑accreditation audit being carried out even if there is a possibility that the Federal Safety Commissioner will accredit the applicant relying on this section (see paragraph 8(1)(b)).

Division 5—Notice of decision