Document ID: chunk:federal_register_of_legislation:F2025C00021:reg:2:p23
Version: federal_register_of_legislation:F2025C00021
Segment Type: reg
Provision Reference: reg 2 (pt 23/40)
Character Range: 95396–98104

of determinations after notice of proposed revocation
 (1) The Secretary may, by written notice given to an Australian conformity assessment body, revoke the body's conformity assessment body determination if:
 (a) the body refuses or fails to comply with a condition to which the determination is subject; or
 (b) at least one of the following persons:
 (i) the body;
 (ii) a person (a manager) who makes, or participates in making, decisions that affect the whole, or a substantial part, of the body's affairs;
 (iii) a major interest holder of the body;
  has:
 (iv) been convicted of an offence against the Act or a corresponding State law; or
 (v) been convicted of an offence against a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or
 (vi) been ordered to pay a pecuniary penalty for the contravention of a civil penalty provision of the Act or a corresponding State law; or
 (vii) been ordered to pay a pecuniary penalty for the contravention of a civil penalty provision of a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or
 (viii) breached a condition of a conformity assessment body determination; or
 (ix) had a conformity assessment body determination in respect of the person suspended or revoked; or
 (x) been a manager, or a major interest holder, of a body corporate in respect of which subparagraph (iv), (v), (vi), (vii), (viii) or (ix) applies, if the conduct resulting in that subparagraph applying occurred when the person was a manager or major interest holder of the body corporate.
 (2) A reference in paragraph (1)(b) to a person convicted of an offence includes a reference to a person in respect of whom an order has been made relating to the offence under:
 (a) section 19B of the Crimes Act 1914; or
 (b) a corresponding provision of a law of a State or Territory.
Note: Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction.
 (3) Nothing in this regulation affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

Notice of proposed revocation
 (4) Before revoking a conformity assessment body determination under this regulation, the Secretary must:
 (a) notify the Australian conformity assessment body in writing that the Secretary proposes the revocation and set out the reasons for it; and
 (b) give the body a reasonable opportunity to make submissions to the Secretary in relation to