Document ID: chunk:federal_register_of_legislation:F2023L01651:clause:2_14
Version: federal_register_of_legislation:F2023L01651
Segment Type: clause
Provision Reference: sch 2 cl 14
Character Range: 16763–19023

14  Withdrawing accreditation
     (1) This section applies if any of the following kinds of accreditation given to a person is in force:
         (a) General Assessor Accreditation;
         (b) Specialist Assessor Accreditation.
     (2) Before withdrawing the accreditation on the basis that the ACMA is satisfied that the accreditation is no longer in accordance with this instrument, the ACMA must have regard to whether, in the 2 year period ending on the day before the ACMA withdraws the accreditation, the person has:
         (a) not conducted or assessed an amateur radio examination; or
         (b) on more than one occasion, incorrectly assessed a person who undertook an amateur radio examination.
           Note: Section 265 of the Act sets out procedures for withdrawing accreditation. Subsection 265(3) of the Act provides that the ACMA must give due consideration to any representations made by or on behalf of the accredited person on or before a day specified under paragraph 265(1)(b).
     (3) Before withdrawing the accreditation on the basis that the ACMA is satisfied that the person has contravened a condition of the accreditation (relevant condition), and the relevant condition relates to the conduct of amateur radio examinations, the ACMA must have regard to whether, in the 2 year period ending on the day before the ACMA withdraws the accreditation, the person has failed to comply, or act in accordance with, the Assessor Guidelines, or any other guidelines, policies or procedures published by the ACMA on its website that were relevant to the conduct of examinations.
           Note: Subsection 265(3) of the Act provides that the ACMA must give due consideration to any representations made by or on behalf of the accredited person on or before a day specified under paragraph 265(1)(b).
     (4) Subsections (2) and (3) do not prevent the ACMA from having regard to any other matter that the ACMA considers relevant, including any act or omission of an accredited person that occurred before the start of the period mentioned in subsections (2) or (3).
           Example: The ACMA may have regard to the contents of a nationally coordinated criminal history check for the person.

Part 5—Conditions of accreditation