Document ID: chunk:federal_register_of_legislation:F2025C00021:reg:2:p22
Version: federal_register_of_legislation:F2025C00021
Segment Type: reg
Provision Reference: reg 2 (pt 22/40)
Character Range: 92656–95663

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 other grounds for suspending the determination.
 (2) The Secretary's power to revoke the suspension may be exercised:
 (a) if the Australian conformity assessment body applies in writing to the Secretary; or
 (b) on the Secretary's own initiative.
 (3) After revoking the suspension, the Secretary must, within 20 working days after the revocation, give written notice of the revocation to the Australian conformity assessment body.
 (4) If the Secretary decides, after an application is made under paragraph (2)(a), not to revoke the suspension, the Secretary must:
 (a) notify the applicant in writing of his or her decision within 20 working days after the decision is made; and
 (b) state in the notice the reasons for the decision.

4A.24  Powers of revocation of determinations unaffected
 (1) This Division does not affect the Secretary's powers to revoke a conformity assessment body determination under Division 4A.5.
 (2) To the extent that a suspension under this Division relates to a conformity assessment body determination to which such a revocation relates, the suspension ceases to have effect.

Division 4A.5—Revocation of conformity assessment body determinations

4A.25  Automatic revocation of determinations
 (1) The Secretary must, by written notice given to an Australian conformity assessment body, revoke the body's conformity assessment body determination if:
 (a) the determination has been suspended under Division 4A.4; and
 (b) the period of the suspension under paragraph 4A.22(2)(b) ends before the suspension is revoked under regulation 4A.23.
 (2) The revocation takes effect at the end of the period mentioned in paragraph (1)(b) of this regulation.

4A.26  Immediate revocation of determinations
 (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 applies in writing to the Secretary; or
 (b) the body notifies the Secretary, as mentioned in subregulation 4A.12(2), that the body plans to cease carrying on certification‑related activities completely.
 (2) The revocation takes effect on the day specified for the purpose in the notice given by the Secretary.
 (3) If paragraph (1)(b) applies, the day specified in the notice given by the Secretary must be the day the Australian conformity assessment body notified the Secretary was the day the body planned to cease carrying on certification‑related activities.

4A.27  Revocation 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