Document ID: chunk:federal_register_of_legislation:F2025C00021:reg:2:p21
Version: federal_register_of_legislation:F2025C00021
Segment Type: reg
Provision Reference: reg 2 (pt 21/40)
Character Range: 90088–92907

Suspension of determinations
 (1) The Secretary may, by written notice given to an Australian conformity assessment body, suspend the body's conformity assessment body determination if the Secretary is satisfied that:
 (a) it is likely that there are grounds for revoking the determination under regulation 4A.27; and
 (b) it is likely that the body will, within the period of the suspension, be able to take action such that it will no longer be likely that there are grounds for revoking the determination.
 (2) The notice must specify the period of the suspension. The period:
 (a) must not exceed 12 months; and
 (b) must not begin before the notice is given to the body.
Note: The period of the suspension may be extended once under regulation 4A.22.

4A.21  Notice of proposed suspension
 (1) However, before suspending a conformity assessment body determination, the Secretary must:
 (a) notify the Australian conformity assessment body in writing that the Secretary proposes the suspension and set out the reasons for it; and
 (b) give the body a reasonable opportunity to make submissions to the Secretary in relation to the proposed suspension.
 (2) The Secretary must not make a decision relating to the proposed suspension until the Secretary has had regard to any submissions the body makes under paragraph (1)(b).

4A.22  Duration of suspension
 (1) The suspension takes effect on the day specified for the purpose in the notice, which must be at least 20 working days after the notice is given to the Australian conformity assessment body.
 (2) The suspension has effect until:
 (a) the Secretary revokes it under regulation 4A.23; or
 (b) the end of:
 (i) the period specified in the notice under subregulation 4A.20(2); or
 (ii) if the period is extended under subregulation (3) of this regulation—the period as so extended.
Note 1: The conditions to which the determination is subject continue during the suspension: see subsection 41EWA(7A) of the Act.
Note 2: Unless a suspension of a conformity assessment body determination has been revoked, the determination is automatically revoked at the end of the period of the suspension: see regulation 4A.25.
 (3) The Secretary may, by written notice given to the body, extend the period specified in the notice under subregulation 4A.20(2) by a further specified period not exceeding 12 months if the Australian conformity assessment body shows that it has taken steps to address the grounds for revoking the determination under regulation 4A.27.
 (4) Only one extension of the period of the suspension may be made.

4A.23  Revocation of suspension
 (1) The Secretary must revoke the suspension if the Secretary is satisfied that:
 (a) the grounds on which the conformity assessment body determination was suspended no longer apply; and
 (b) there are no