Document ID: chunk:federal_register_of_legislation:C2024C00639:section:87:p1
Version: federal_register_of_legislation:C2024C00639
Segment Type: section
Provision Reference: s 87 (pt 1/2)
Character Range: 129907–132753

87  Cancelling approvals of co‑regulatory arrangements

General grounds for cancelling arrangement's approval
 (1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a product if the Minister is satisfied that:
 (a) a condition in subsection 85(3) is not satisfied in relation to the arrangement; or
 (b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 79 for the product; or
 (c) the arrangement does not adequately deal with any matters specified for the product in rules made for the purposes of section 80; or
 (d) the arrangement's administrator is not a fit and proper person; or
 (e) the arrangement's administrator has not complied with one or more of the following in relation to the arrangement:
 (i) section 81 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the rules);
 (ii) an improvement notice given under section 88;
 (iii) section 115 (which requires the administrator to provide an auditor with facilities and assistance in relation to conducting an audit);
 (iv) rules made for the purposes of section 142 (making and retaining records); or
 (f) subsection 91(1) (replacing administrator) has not been complied with in relation to the arrangement; or
 (g) there has been a material change in circumstances since the arrangement was approved; or
 (h) any of the following information or documents were false or misleading:
 (i) information or documents given in connection with the application for approval;
 (ii) information or documents given in connection with an application under subsection 91(1) (replacing administrator);
 (iii) information or documents given at any other time in relation to this Act; or
 (i) a ground for cancelling the approval prescribed by the rules exists.
Note 1: The Minister must have regard to the matters in section 175 in considering whether the administrator is a fit and proper person for the purposes of paragraph (d).
Note 2: A decision to cancel the approval of a co‑regulatory arrangement in relation to a product is a reviewable decision (see section 151) and the Minister must give the administrator of the arrangement written notice of the decision (see section 152).

Cancelling arrangement's approval on application by administrator
 (2) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.
Note 1: See sections 172, 173 and 174 for additional matters relating to applications.
Note 2: A decision to refuse to cancel the approval of a co‑regulatory arrangement in relation to a product is a reviewable decision (see section 151) and the Minister must give the administrator of the arrangement written notice of