sec.482Cancellation and suspension

### sec.482 Cancellation and suspension Each of the following is a ground for cancelling or suspending a relevant authority— the authority was obtained by materially incorrect or misleading information or documents or by a mistake; the holder of the authority has not paid a fee or other amount payable to the chief executive in relation to the authority; the holder of the authority has contravened a condition of the authority, whether the condition is included in the authority or is otherwise imposed under this Act; the holder of the authority has committed— if the authority is a prohibited matter or restricted matter permit—a relevant biosecurity offence; or if the authority is an accreditation—a relevant accreditation offence; or if the authority is an approval to operate an approved biosecurity accreditation scheme—an offence against section 436A or a relevant accreditation offence; if the authority is a prohibited matter or restricted matter permit, an accreditation or an approval to operate an approved biosecurity accreditation scheme—the chief executive becomes aware that the holder of the authority held a similar authority, however called, in another jurisdiction within the last 2 years and that authority was cancelled; if the authority is an accreditation or approval of a biosecurity accreditation scheme—the chief executive becomes aware that a circumstance in which a biosecurity certificate may be given under the accreditation or scheme is inconsistent with a legal requirement because the legal requirement, or the circumstance, has changed since the accreditation or approval was originally granted; A person conducting a business is accredited to give biosecurity certificates for tomatoes grown and packed at the person’s business premises. Under a corresponding law, Western Australia will accept tomatoes from Queensland only if the tomatoes come from a place more than 100km from an area where melon thrips have been detected. The chief executive becomes aware that melon thrips have been detected 50km from the business premises. if the authority is an auditor’s approval— the auditor is not, or is no longer, a suitable person to be an auditor; or the auditor does not have the necessary expertise or experience to perform the auditor’s functions; or the audits conducted by the auditor have not been conducted honestly, fairly or diligently. For forming a belief that the ground mentioned in subsection (1) (g) (i) exists, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether the person is a suitable person to be an auditor. In this section— holder , of a relevant authority that is a prohibited matter or restricted matter permit or an accreditation, includes, if the holder is a corporation, a related entity of the holder under the Corporations Act , section 9 . legal requirement means a requirement under this Act, an intergovernmental agreement or a corresponding law to this Act. s 482 amd 2017 No. 7 s 113 ; 2020 No. 3 s 136 sch 1 (sec.482-ssec.1) Each of the following is a ground for cancelling or suspending a relevant authority— the authority was obtained by materially incorrect or misleading information or documents or by a mistake; the holder of the authority has not paid a fee or other amount payable to the chief executive in relation to the authority; the holder of the authority has contravened a condition of the authority, whether the condition is included in the authority or is otherwise imposed under this Act; the holder of the authority has committed— if the authority is a prohibited matter or restricted matter permit—a relevant biosecurity offence; or if the authority is an accreditation—a relevant accreditation offence; or if the authority is an approval to operate an approved biosecurity accreditation scheme—an offence against section 436A or a relevant accreditation offence; if the authority is a prohibited matter or restricted matter permit, an accreditation or an approval to operate an approved biosecurity accreditation scheme—the chief executive becomes aware that the holder of the authority held a similar authority, however called, in another jurisdiction within the last 2 years and that authority was cancelled; if the authority is an accreditation or approval of a biosecurity accreditation scheme—the chief executive becomes aware that a circumstance in which a biosecurity certificate may be given under the accreditation or scheme is inconsistent with a legal requirement because the legal requirement, or the circumstance, has changed since the accreditation or approval was originally granted; A person conducting a business is accredited to give biosecurity certificates for tomatoes grown and packed at the person’s business premises. Under a corresponding law, Western Australia will accept tomatoes from Queensland only if the tomatoes come from a place more than 100km from an area where melon thrips have been detected. The chief executive becomes aware that melon thrips have been detected 50km from the business premises. if the authority is an auditor’s approval— the auditor is not, or is no longer, a suitable person to be an auditor; or the auditor does not have the necessary expertise or experience to perform the auditor’s functions; or the audits conducted by the auditor have not been conducted honestly, fairly or diligently. (sec.482-ssec.2) For forming a belief that the ground mentioned in subsection (1) (g) (i) exists, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether the person is a suitable person to be an auditor. (sec.482-ssec.3) In this section— holder , of a relevant authority that is a prohibited matter or restricted matter permit or an accreditation, includes, if the holder is a corporation, a related entity of the holder under the Corporations Act , section 9 . legal requirement means a requirement under this Act, an intergovernmental agreement or a corresponding law to this Act. - (a) the authority was obtained by materially incorrect or misleading information or documents or by a mistake; - (b) the holder of the authority has not paid a fee or other amount payable to the chief executive in relation to the authority; - (c) the holder of the authority has contravened a condition of the authority, whether the condition is included in the authority or is otherwise imposed under this Act; - (d) the holder of the authority has committed— (i) if the authority is a prohibited matter or restricted matter permit—a relevant biosecurity offence; or (ii) if the authority is an accreditation—a relevant accreditation offence; or (iii) if the authority is an approval to operate an approved biosecurity accreditation scheme—an offence against section 436A or a relevant accreditation offence; - (i) if the authority is a prohibited matter or restricted matter permit—a relevant biosecurity offence; or - (ii) if the authority is an accreditation—a relevant accreditation offence; or - (iii) if the authority is an approval to operate an approved biosecurity accreditation scheme—an offence against section 436A or a relevant accreditation offence; - (e) if the authority is a prohibited matter or restricted matter permit, an accreditation or an approval to operate an approved biosecurity accreditation scheme—the chief executive becomes aware that the holder of the authority held a similar authority, however called, in another jurisdiction within the last 2 years and that authority was cancelled; - (f) if the authority is an accreditation or approval of a biosecurity accreditation scheme—the chief executive becomes aware that a circumstance in which a biosecurity certificate may be given under the accreditation or scheme is inconsistent with a legal requirement because the legal requirement, or the circumstance, has changed since the accreditation or approval was originally granted; Example of a ground for paragraph (f) — A person conducting a business is accredited to give biosecurity certificates for tomatoes grown and packed at the person’s business premises. Under a corresponding law, Western Australia will accept tomatoes from Queensland only if the tomatoes come from a place more than 100km from an area where melon thrips have been detected. The chief executive becomes aware that melon thrips have been detected 50km from the business premises. - (g) if the authority is an auditor’s approval— (i) the auditor is not, or is no longer, a suitable person to be an auditor; or (ii) the auditor does not have the necessary expertise or experience to perform the auditor’s functions; or (iii) the audits conducted by the auditor have not been conducted honestly, fairly or diligently. - (i) the auditor is not, or is no longer, a suitable person to be an auditor; or - (ii) the auditor does not have the necessary expertise or experience to perform the auditor’s functions; or - (iii) the audits conducted by the auditor have not been conducted honestly, fairly or diligently. - (i) if the authority is a prohibited matter or restricted matter permit—a relevant biosecurity offence; or - (ii) if the authority is an accreditation—a relevant accreditation offence; or - (iii) if the authority is an approval to operate an approved biosecurity accreditation scheme—an offence against section 436A or a relevant accreditation offence; - (i) the auditor is not, or is no longer, a suitable person to be an auditor; or - (ii) the auditor does not have the necessary expertise or experience to perform the auditor’s functions; or - (iii) the audits conducted by the auditor have not been conducted honestly, fairly or diligently.