71Disqualification ceases if there has been a relevant change of circumstances

71 Disqualification ceases if there has been a relevant change of circumstances

S. 71(1) amended by No. 49/2019 s. 140(Sch. 2 item 50(a)).

(1) If there has been a relevant change of circumstances in relation to a person who has been disqualified from applying for accreditation under this Part, that person may apply in writing to the Secretary for a declaration that the disqualification ceases to have effect.

Note to s. 71(1) amended by No. 49/2019 s. 140(Sch. 2 item 50(b)).

This applies to any disqualification made by the Secretary under this Part: see sections 70 and 81.

S. 71(2) amended by No. 49/2019 s. 140(Sch. 2 item 50(a)).

(2) If an application is made to the Secretary under subsection (1) and the Secretary is satisfied that there has been a relevant change of circumstances in relation to the applicant, the Secretary must declare that the disqualification in relation to the applicant ceases to have effect.

(3) In this section a relevant change of circumstances includes where—

(a) a finding of guilt of the person is quashed or set aside by a court after the date of the disqualification; or

(b) a finding on which the decision to disqualify the person was based is quashed or set aside after the date of the disqualification.

Division 3—Accreditation conditions and service standards