Document ID: chunk:federal_register_of_legislation:C2024C00820:section:81:p1
Version: federal_register_of_legislation:C2024C00820
Segment Type: section
Provision Reference: s 81 (pt 1/2)
Character Range: 131197–134054

81  Suspension or cancellation of accreditation

When accreditation may be suspended or cancelled
 (1) The accreditation authority for an entity may suspend or cancel the accreditation of the entity if any of the following circumstances exist:
 (a) the accreditation authority is reasonably satisfied that the entity does not meet the criteria for accreditation under section 77 to the appropriate standard;
 (b) the entity becomes a Chapter 5 body corporate within the meaning of the Corporations Act 2001;
 (c) for accreditation as an ADSP if the entity is a Commonwealth body, State body or Territory body, or the Commonwealth, a State or Territory—the Minister:
 (i) refuses to accredit the entity as an accredited user; or
 (ii) suspends or cancels the entity's accreditation as an accredited user;
 (d) for accreditation as an accredited user—the Commissioner suspends or cancels the entity's accreditation as an ADSP;
 (e) the accreditation authority determines it is in the national interest;
 (f) for reasons of security, including on the basis of an adverse or qualified security assessment in respect of a person.
Note: An accredited entity continues to be an accredited entity (including while its accreditation is suspended) until its accreditation is cancelled (see subsections 77A(1) and (2)).
 (2) The accreditation authority for an entity may suspend the accreditation of the entity if the accreditation authority reasonably suspects that the entity has breached this Act or a data sharing agreement.
 (3) The accreditation authority for an entity may cancel the entity's accreditation if the Commissioner determines under subsection 102(1) that the entity has breached this Act or a data sharing agreement.
 (4) The Minister may cancel the accreditation of an entity for which the Minister is the accreditation authority if the Minister reasonably believes that the entity has breached this Act or a data sharing agreement.
 (5) If an entity is a data scheme entity in more than one capacity, the accreditation authority may have regard to the entity's conduct in any of those capacities for the purposes of subsections (1), (2), (3) and (4).
 (6) If, under paragraph (1)(c), there is a ground for suspending or cancelling an entity's accreditation as an ADSP, the Commissioner must consider whether to do any of the following:
 (a) suspend or cancel the entity's accreditation as an ADSP on that ground;
 (b) impose conditions of accreditation on the entity in its capacity as an ADSP, or vary any such conditions.
 (7) If, under paragraph (1)(d), there is a ground for suspending or cancelling an entity's accreditation as an accredited user, the accreditation authority for the accredited user must consider whether to do any of the following:
 (a) suspend or cancel the entity's accreditation as an accredited user on that ground;
 (b)