Document ID: chunk:federal_register_of_legislation:F2016C00539:clause:1_16
Version: federal_register_of_legislation:F2016C00539
Segment Type: clause
Provision Reference: sch 1 cl 16
Character Range: 13625–15758

16  Suspension, cancellation or variation of accreditation—general
 (1) The accrediting agency may, if subsection (2) applies, give to a person who is accredited as a member of an alternative compliance scheme a notice stating that:
 (a) it proposes to cancel or suspend the accreditation, or cancel or suspend the accreditation so far as it relates to specified nominated drivers or vehicles of the person; or
 (b) it proposes to vary the accreditation in the way specified in the notice.
 (2) This subsection applies if:
 (a) the accrediting agency is satisfied that the person was accredited as a member on the basis of fraud or misrepresentation; or
 (b) the accrediting agency is satisfied that the person or a nominated driver has contravened a condition that applies to the person under section 12; or
 (c) the person or a nominated driver has been found guilty of contravening a relevant law (or proceeded against by way of infringement notice) and that the accrediting agency is satisfied that the contravention:
 (i) is serious; or
 (ii) is part of a persistent series of contraventions; or
 (iii) taking into account the behaviour of all nominated drivers of the person, amounts to a pattern of contravening behaviour; or
 (d) the accrediting agency is no longer satisfied that the person and its nominated drivers and vehicles continue to meet the requirements set out in section 7; or
 (e) a fee prescribed by the regulations is due but has not been paid; or
 (f) the person requests or agrees to the suspension or cancellation.
 (3) The notice:
 (a) must state the accrediting agency's reasons for giving the notice; and
 (b) must state that the accreditation will be cancelled or suspended so far as it relates to specified nominated drivers or vehicles of the person or varied on a specified day unless the person satisfies the accrediting agency that the notice should be withdrawn; and
 (c) may state a period of suspension of the accreditation; and
 (d) if the person does not satisfy the accrediting agency that the notice should be withdrawn, the accrediting agency may take the action specified in the notice.