Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_98
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 98
Character Range: 174151–175940

98  Variation or cancellation of accreditation or individual exemption—without application
 (1) This section applies if the Authority is satisfied that a ground exists to vary or cancel an accreditation or exemption under section 96 or 97.
 (2) The Authority must give the person who holds the accreditation or exemption a written notice that:
 (a) states the proposed variation or cancellation; and
 (b) states the ground for the proposed variation or cancellation; and
 (c) outlines the facts and other circumstances forming the basis for the ground; and
 (d) invites the person to state in writing, within a specified time of at least 14 days after the notice is given to the person, why the accreditation or exemption should not be varied or cancelled.
 (3) If, after considering any written statement made within the specified time, the Authority is reasonably satisfied that a ground exists to take the proposed action, the Authority may:
 (a) if the proposed action is to vary the accreditation or exemption in a stated way—vary the accreditation or exemption in that way; and
 (b) if the proposed action is to cancel the accreditation or exemption—cancel the accreditation or exemption or vary the accreditation or exemption in any way.
 (4) The Authority must give the person written notice of the Authority's decision.
 (5) If the Authority decides to vary or cancel the accreditation or exemption, the Authority must also give the person a written notice that states:
 (a) the reasons for the decision; and
 (b) that the person may apply to have the decision reconsidered.
 (6) The variation or cancellation takes effect:
 (a) when written notice of the decision, and the reasons for the decision, is given to the person; or
 (b) at a later time stated in that written notice.