Document ID: chunk:federal_register_of_legislation:F2024C01258:clause:4_11:p2
Version: federal_register_of_legislation:F2024C01258
Segment Type: clause
Provision Reference: sch 4 cl 11 (pt 2/36)
Character Range: 249635–252546

be heard in relation to the proposed suspension or extension.
 (3) If the Accreditor suspends an accredited person's accreditation under rule 5.17, the Accreditor must notify the person, in writing, of the suspension and the period of the suspension.
Note: The decision to suspend an accredited person's accreditation can be reviewed by the Administrative Appeals Tribunal: see paragraph 9.2(b).
 (4) If the Accreditor extends a suspension, the Accreditor must notify the person, in writing, of the extension and the period of the suspension as extended.
Note: The decision to extend a suspension can be reviewed by the Administrative Appeals Tribunal: see paragraph 9.2(b).

5.21  Process for urgent suspensions or extensions
 (1) This rule applies if:
 (a) the Data Recipient Accreditor proposes to suspend an accreditation, or extend a suspension, on urgent grounds; and
 (b) in the opinion of the Data Recipient Accreditor, because of the urgency, it is not possible to comply with rule 5.20 prior to the suspension or extension.
 (2) The Accreditor may suspend the accreditation, or extend the suspension, without first complying with rule 5.20.
 (3) However, as soon as practicable after suspending the accreditation or extending the suspension, the Accreditor must:
 (a) inform the accredited person of the suspension or extension; and
 (b) give the accredited person a reasonable opportunity to be heard in relation to whether the suspension should be removed.

5.22  When surrender, revocation or suspension takes effect
  A surrender, revocation or suspension takes effect when the fact that the accreditation has been surrendered, revoked or suspended is included in the Register of Accredited Persons.

5.23  Consequences of surrender, suspension or revocation of accreditation

Application of rule
 (1) This rule applies if an accredited person's accreditation is surrendered, suspended or revoked.

Ongoing obligations following surrender, suspension or revocation of an accreditation
 (2) If the person's accreditation has been surrendered or revoked, the person must comply with the following provisions as if the person still were an accredited data recipient:
 (a) section 56EI of the Act (privacy safeguard 6);
 (b) section 56EJ of the Act (privacy safeguard 7);
 (c) section 56EO of the Act (privacy safeguard 12).
Note: This subrule is a civil penalty provision (see rule 9.8).
 (3) The person:
 (a) must not, after the revocation or surrender, or while the accreditation is suspended, seek to collect any, or any further, CDR data under these rules; and
 (b) if the person has collected any CDR data under these rules—must notify each person who has consented to the accredited person collecting CDR data for which they are a CDR consumer:
 (i) that their accreditation has been surrendered, suspended or revoked, as the case may be; and
 (ii) in the case of a suspension—of the following: