66Mandatory refusal of accreditation

66 Mandatory refusal of accreditation

S. 66(1) amended by No. 49/2019 s. 140(Sch. 2 item 44(a)(b)).

(1) The Secretary must refuse an application for accreditation under this Part if the Secretary believes on reasonable grounds that—

(a) subject to subsection (2), the applicant, a nominated person or a relevant person in relation to the applicant has been found guilty of an offence listed in clause 1 of Schedule 1; or

(b) the applicant is disqualified under section 70 or 81 from applying for the relevant accreditation; or

Note to s. 66(1)(b) amended by No. 49/2019 s. 140(Sch. 2 item 44(c)).

Section 87 provides that if the Secretary has refused an application under paragraph (a) or (b) the applicant may make an application to the original jurisdiction of VCAT for an order that the Secretary grant or renew accreditation under this Part.

(c) if the applicant is a natural person, the applicant is insolvent under administration within the meaning of the Corporations Act; or

(d) if the applicant is a corporation—

(i) a receiver or receiver and manager, within the meaning of the Corporations Act, has been appointed in relation to the applicant; or

(ii) the applicant has been placed in administration under the Corporations Act or under the law of any place outside Australia; or

(iii) a court has made an order under the Corporations Act for the winding up of the applicant.

(2) Subsection (1)(a) does not apply to the renewal of an accreditation under this Part if the offence listed in clause 1 of Schedule 1, which the applicant was found guilty of, was considered—

(a) in any previous application by the applicant for accreditation or renewal under this Part; or

(b) in any disciplinary proceedings under this Part against the applicant.

S. 67 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 45).

S. 67 amended by No. 49/2019 s. 140(Sch. 2 item 46).