Document ID: chunk:federal_register_of_legislation:F2020L01628:reg:19
Version: federal_register_of_legislation:F2020L01628
Segment Type: reg
Provision Reference: reg 19
Character Range: 21051–23326

19  When accreditation may be cancelled
 (1) The Minister may cancel the accreditation of a voluntary arrangement in relation to a product:
 (a) on application by the administrator of the arrangement; or
 (b) on the Minister's own initiative.
Note 1: See sections 172, 173 and 174 of the Act for additional matters relating to applications.
Note 2: See Part 6 of Chapter 4 of the Act for review of the decision to cancel, or refuse to cancel, the accreditation of a voluntary arrangement and requirements to give notice of such a decision.
 (2) The Minister may cancel the accreditation on the Minister's own initiative if:
 (a) a condition is not complied with; or
 (b) the Minister is satisfied that the administrator of the arrangement has not complied with the administrator's obligations under section 13; or
 (c) the Minister is no longer satisfied of a matter mentioned in subsection 10(1); or
 (d) the Minister is satisfied of a matter mentioned in subsection 10(2); or
 (e) the Minister is not satisfied that the administrator of the arrangement is a fit and proper person; or
 (f) the Minister is satisfied that the administrator of the arrangement has not complied with a request made by an auditor under section 113 of the Act.
Note: Section 175 of the Act is relevant to determining whether the administrator is a fit and proper person.
 (3) The Minister must not cancel the accreditation of a voluntary arrangement on the Minister's own initiative unless the Minister has given a written notice to the administrator of the arrangement in accordance with subsection (4).
 (4) The notice must:
 (a) specify the grounds on which the Minister proposes to cancel the accreditation; and
 (b) subject to subsection (5), request the administrator to give the Minister, within 14 days after the day the notice is given, a written statement showing cause why the accreditation should not be cancelled; and
 (c) include a statement setting out the administrator's right to seek review of a decision to cancel the accreditation.
 (5) The notice is not required to include the request referred to in paragraph (4)(b) if the Minister reasonably believes that the cancellation is necessary to prevent or lessen a serious and imminent threat to human or environmental health.