Document ID: chunk:federal_register_of_legislation:F2020L01628:reg:15
Version: federal_register_of_legislation:F2020L01628
Segment Type: reg
Provision Reference: reg 15
Character Range: 16878–19518

15  Variation of the accreditation of a voluntary arrangement on Minister's own initiative
 (1) The Minister may vary any aspect of the accreditation of a voluntary arrangement on the Minister's own initiative.
Note: A decision under this section is a reviewable decision (see section 17) and the Minister must give the administrator of the arrangement written notice of the decision (see section 152 of the Act)
 (2) Despite subsection (1), a variation cannot be made to extend the period for which the arrangement is accredited beyond 5 years from the day the accreditation took effect.
 (3) The Minister may vary the accreditation of a voluntary arrangement only if:
 (a) the Minister is no longer satisfied of a matter mentioned in subsection 10(1); or
 (b) the Minister is satisfied of a matter mentioned in subsection 10(2); or
 (c) the Minister is no longer satisfied that the administrator of the arrangement is a fit and proper person; or
 (d) 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; or
 (e) the Minister reasonably believes any of the following:
 (i) a condition imposed on the accreditation will not be, or is not being, complied with;
 (ii) the administrator of the arrangement has not complied with the administrator's obligations under section 13;
 (iii) it is necessary to do so to take account of an event notified under section 72 of the Act;
 (iv) it is necessary to do so to correct a minor or technical error.
Note: Section 175 of the Act is relevant to determining whether the administrator is a fit and proper person.
 (4) The Minister must not vary the accreditation of a voluntary arrangement unless the Minister has given a written notice to the administrator of the arrangement in accordance with subsection (5).
 (5) The notice must:
 (a) specify each proposed variation; and
 (b) specify the grounds for each proposed variation; and
 (c) subject to subsection (6), request the administrator to give the Minister, within 14 days after the day the notice is given, a written statement showing cause why the proposed variation should not be made; and
 (d) include a statement setting out the administrator's right to seek review of a decision to make the proposed variation.
 (6) The notice is not required to include the request referred to in paragraph (5)(c) if the Minister reasonably believes that the proposed variation is necessary to prevent or lessen a serious and imminent threat to human or environmental health.
 (7) Subsection (4) does not apply to a variation under subparagraph (3)(e)(iv).