70Disqualification for applying for accreditation

70 Disqualification for applying for accreditation

S. 70(1) amended by No. 49/2019 s. 140(Sch. 2 item 49(a)).

(1) If an application for accreditation is refused under this Part, the Secretary may, having regard to the industry accreditation objective, determine that the applicant is disqualified from applying for accreditation under this Part for the period determined by the Secretary.

S. 70(2) amended by No. 49/2019 s. 140(Sch. 2 item 49(a)).

(2) The period determined by the Secretary under subsection (1) must not exceed 5 years.

S. 70(3) amended by No. 49/2019 s. 140(Sch. 2 item 49(a)).

(3) In making a determination under subsection (1), if the applicant has been found guilty of an offence listed in Schedule 1, the Secretary must have regard to the circumstances set out in section 68(4).

S. 70(4) amended by No. 49/2019 s. 140(Sch. 2 item 49(a)).

(4) If the Secretary disqualifies an applicant under subsection (1) the Secretary must, as soon as reasonably practicable—

(a) notify the applicant for accreditation under this Part in writing; and

(b) set out in the notice—

(i) the period of disqualification; and

S. 70(4)(b)(ii) amended by No. 49/2019 s. 140(Sch. 2 item 49(b)).

(ii) the Secretary's reasons for disqualifying the applicant for that period.

A person who has been disqualified under this Part may apply to VCAT for review of this decision: see section 88.