Document ID: chunk:federal_register_of_legislation:F2021L00312:reg:3:p17
Version: federal_register_of_legislation:F2021L00312
Segment Type: reg
Provision Reference: reg 3 (pt 17/24)
Character Range: 196638–199430

the following:
 (i) written evidence of the applicant's qualifications;
 (ii) a document detailing the applicant's experience to the extent that it is relevant to the work of an assessor;
 (iii) a document setting out the procedures for carrying out assessments by the applicant;
 (iv) if an application fee is prescribed by the Export Control (Fees and Payments) Rules 2021—the prescribed application fee.
 (3) An application is taken not to have been made if the application does not comply with the requirements referred to in subsection (2).

9‑23  Secretary must decide whether to approve applicant to carry out assessments
 (1) On receiving an application under section 9‑22, the Secretary must decide:
 (a) to approve the applicant, under subsection 281(1) of the Act, to carry out assessments; or
 (b) to refuse to approve the applicant to carry out assessments.
Note: A decision to refuse to approve the applicant to carry out assessments is a reviewable decision (see section 11‑1 of this instrument) and the Secretary must give the applicant written notice of the decision (see section 382 of the Act).
 (2) The Secretary may approve the applicant, under subsection 281(1) of the Act, to carry out assessments if the Secretary is satisfied, having regard to any matter that the Secretary considers relevant, that the following additional requirements are met:
 (a) the applicant is a fit and proper person (having regard to the matters referred to in section 372 of the Act);
 (b) the applicant has the necessary competency (for example, the knowledge, training, skills or experience) to carry out assessments;
 (c) assessments carried out by the applicant will be objective, independent, fair and accurate;
 (d) the applicant will comply with Division 2 of this Part in relation to assessments carried out by the applicant;
 (e) the applicant will comply with the procedures for carrying out assessments that are necessary to ensure that:
 (i) the requirements referred to in paragraphs (c) and (d) are met; and
 (ii) an accurate assessment can be made of whether the requirements referred to in those paragraphs are met.
 (3) For the purposes of paragraph (2)(c), the Secretary may consider any interests, pecuniary or otherwise, of the applicant that conflict or could conflict with the conduct of an assessment by the applicant.
 (4) The Secretary may refuse to approve the applicant to carry out assessments if:
 (a) the applicant has a relevant Commonwealth liability that has not been paid; or
 (b) the applicant made a statement that was false, misleading or incomplete, or for which there were no reasonable grounds:
 (i) in the application; or
 (ii) in a document required to be provided under the Act; or
 (c) the applicant gave information or a document that was false,