Document ID: chunk:federal_register_of_legislation:C2024C00207:section:26
Version: federal_register_of_legislation:C2024C00207
Segment Type: section
Provision Reference: s 26
Character Range: 47849–50442

26  Accrediting authorities may accredit persons to be accredited certification bodies

Accreditation
 (1) An accrediting authority must, in writing, grant an accreditation to a person to perform the functions of granting, revoking and varying certificates of compliance under section 21 if the authority is satisfied:
 (a) the person will perform those functions competently and impartially; and
 (b) the person has made a request to the authority for accreditation under this section.
 (2) The authority must, as soon as practicable after granting the accreditation to the person, give written notice of the accreditation to the person.
 (3) If the authority refuses to grant an accreditation, as requested by a person under this section, the authority must, as soon as practicable after refusing the request, give written notice of the refusal to the person.

Withdrawal of accreditation
 (4) An accrediting authority must, in writing, withdraw an accreditation granted to a person under this section if the authority ceases to be satisfied of the matter mentioned in paragraph (1)(a) in relation to the person.
 (5) The accrediting authority must, as soon as practicable after withdrawing the accreditation, give written notice to the person of the withdrawal.
 (6) The notice must specify the day the withdrawal takes effect, which must not be earlier than the day after the notice is given.

Notification
 (7) If an accrediting authority grants, refuses to grant or withdraws an accreditation under this section, the authority must notify the Secretary, in writing, as soon as practicable of:
 (a) that fact; and
 (b) for a decision to refuse to grant, or to withdraw, an accreditation—the reasons for the decision.
 (8) As soon as practicable after the Secretary is notified under subsection (7) of the withdrawal of the accreditation of an accredited certification body, the Secretary must give written notice of the withdrawal to each person granted a certificate of compliance by the body.

Period accreditation is in force
 (9) An accreditation granted under this section:
 (a) comes into force on the day the notice is given under subsection (2); and
 (b) remains in force until the earlier of the following occurs:
 (i) the day the withdrawal of the accreditation takes effect;
 (ii) if the authority that granted the accreditation ceases to be an accrediting authority—the end of the period of 3 months after the cessation.

Accreditation not a legislative instrument
 (10) An accreditation under subsection (1) is not a legislative instrument.

Part 4—Information management