sec.488Immediate suspension of relevant authority

### sec.488 Immediate suspension of relevant authority The chief executive may suspend a relevant authority immediately if the chief executive believes— a ground exists to cancel or suspend the authority; and it is necessary to suspend the authority immediately because— for a prohibited matter or restricted matter permit—there would be an immediate and serious risk to a biosecurity consideration if the holder of the permit were to continue to deal with prohibited matter or restricted matter; or for an accreditation—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the accreditation were to continue to give biosecurity certificates; or A person conducting a business is accredited to certify the post-harvest treatment of stonefruit with an agricultural chemical in a way consistent with an operational procedure under the ICA scheme. The chief executive becomes aware that the Australian Pesticides and Veterinary Medicines Authority subsequently makes the use of the chemical unlawful due to the risks the chemical poses to human health. The chief executive may suspend the person’s accreditation immediately to avoid potential harm to human health. for an approval to operate an approved biosecurity accreditation scheme—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to operate the scheme; or for an auditor’s approval—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to conduct audits. The suspension— can be effected only by the chief executive giving an information notice for the decision to the holder, together with a show cause notice; and operates immediately the notices are given to the holder; and continues to operate until the earliest of the following happens— the chief executive cancels the remaining period of suspension; the show cause notice is finally dealt with; 56 days have passed since the notices were given to the holder. Subsection (4) applies if— a suspension under this section stops because— the chief executive cancels the remaining period of suspension; or the show cause notice is finally dealt with by a decision being made not to cancel or suspend the relevant authority; or 56 days have passed since the notices mentioned in subsection (2) (a) were given to the holder; and the holder has returned the relevant authority to the chief executive as required under section 491 . The chief executive must as soon as practicable give the relevant authority to the holder. s 488 amd 2015 No. 15 s 53 ; 2017 No. 7 s 114 (sec.488-ssec.1) The chief executive may suspend a relevant authority immediately if the chief executive believes— a ground exists to cancel or suspend the authority; and it is necessary to suspend the authority immediately because— for a prohibited matter or restricted matter permit—there would be an immediate and serious risk to a biosecurity consideration if the holder of the permit were to continue to deal with prohibited matter or restricted matter; or for an accreditation—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the accreditation were to continue to give biosecurity certificates; or A person conducting a business is accredited to certify the post-harvest treatment of stonefruit with an agricultural chemical in a way consistent with an operational procedure under the ICA scheme. The chief executive becomes aware that the Australian Pesticides and Veterinary Medicines Authority subsequently makes the use of the chemical unlawful due to the risks the chemical poses to human health. The chief executive may suspend the person’s accreditation immediately to avoid potential harm to human health. for an approval to operate an approved biosecurity accreditation scheme—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to operate the scheme; or for an auditor’s approval—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to conduct audits. (sec.488-ssec.2) The suspension— can be effected only by the chief executive giving an information notice for the decision to the holder, together with a show cause notice; and operates immediately the notices are given to the holder; and continues to operate until the earliest of the following happens— the chief executive cancels the remaining period of suspension; the show cause notice is finally dealt with; 56 days have passed since the notices were given to the holder. (sec.488-ssec.3) Subsection (4) applies if— a suspension under this section stops because— the chief executive cancels the remaining period of suspension; or the show cause notice is finally dealt with by a decision being made not to cancel or suspend the relevant authority; or 56 days have passed since the notices mentioned in subsection (2) (a) were given to the holder; and the holder has returned the relevant authority to the chief executive as required under section 491 . (sec.488-ssec.4) The chief executive must as soon as practicable give the relevant authority to the holder. - (a) a ground exists to cancel or suspend the authority; and - (b) it is necessary to suspend the authority immediately because— (i) for a prohibited matter or restricted matter permit—there would be an immediate and serious risk to a biosecurity consideration if the holder of the permit were to continue to deal with prohibited matter or restricted matter; or (ii) for an accreditation—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the accreditation were to continue to give biosecurity certificates; or Example of a circumstance where the chief executive may immediately suspend an accreditation under subparagraph (ii) — A person conducting a business is accredited to certify the post-harvest treatment of stonefruit with an agricultural chemical in a way consistent with an operational procedure under the ICA scheme. The chief executive becomes aware that the Australian Pesticides and Veterinary Medicines Authority subsequently makes the use of the chemical unlawful due to the risks the chemical poses to human health. The chief executive may suspend the person’s accreditation immediately to avoid potential harm to human health. (iii) for an approval to operate an approved biosecurity accreditation scheme—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to operate the scheme; or (iv) for an auditor’s approval—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to conduct audits. - (i) for a prohibited matter or restricted matter permit—there would be an immediate and serious risk to a biosecurity consideration if the holder of the permit were to continue to deal with prohibited matter or restricted matter; or - (ii) for an accreditation—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the accreditation were to continue to give biosecurity certificates; or Example of a circumstance where the chief executive may immediately suspend an accreditation under subparagraph (ii) — A person conducting a business is accredited to certify the post-harvest treatment of stonefruit with an agricultural chemical in a way consistent with an operational procedure under the ICA scheme. The chief executive becomes aware that the Australian Pesticides and Veterinary Medicines Authority subsequently makes the use of the chemical unlawful due to the risks the chemical poses to human health. The chief executive may suspend the person’s accreditation immediately to avoid potential harm to human health. - (iii) for an approval to operate an approved biosecurity accreditation scheme—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to operate the scheme; or - (iv) for an auditor’s approval—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to conduct audits. - (i) for a prohibited matter or restricted matter permit—there would be an immediate and serious risk to a biosecurity consideration if the holder of the permit were to continue to deal with prohibited matter or restricted matter; or - (ii) for an accreditation—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the accreditation were to continue to give biosecurity certificates; or Example of a circumstance where the chief executive may immediately suspend an accreditation under subparagraph (ii) — A person conducting a business is accredited to certify the post-harvest treatment of stonefruit with an agricultural chemical in a way consistent with an operational procedure under the ICA scheme. The chief executive becomes aware that the Australian Pesticides and Veterinary Medicines Authority subsequently makes the use of the chemical unlawful due to the risks the chemical poses to human health. The chief executive may suspend the person’s accreditation immediately to avoid potential harm to human health. - (iii) for an approval to operate an approved biosecurity accreditation scheme—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to operate the scheme; or - (iv) for an auditor’s approval—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to conduct audits. - (a) can be effected only by the chief executive giving an information notice for the decision to the holder, together with a show cause notice; and - (b) operates immediately the notices are given to the holder; and - (c) continues to operate until the earliest of the following happens— (i) the chief executive cancels the remaining period of suspension; (ii) the show cause notice is finally dealt with; (iii) 56 days have passed since the notices were given to the holder. - (i) the chief executive cancels the remaining period of suspension; - (ii) the show cause notice is finally dealt with; - (iii) 56 days have passed since the notices were given to the holder. - (i) the chief executive cancels the remaining period of suspension; - (ii) the show cause notice is finally dealt with; - (iii) 56 days have passed since the notices were given to the holder. - (a) a suspension under this section stops because— (i) the chief executive cancels the remaining period of suspension; or (ii) the show cause notice is finally dealt with by a decision being made not to cancel or suspend the relevant authority; or (iii) 56 days have passed since the notices mentioned in subsection (2) (a) were given to the holder; and - (i) the chief executive cancels the remaining period of suspension; or - (ii) the show cause notice is finally dealt with by a decision being made not to cancel or suspend the relevant authority; or - (iii) 56 days have passed since the notices mentioned in subsection (2) (a) were given to the holder; and - (b) the holder has returned the relevant authority to the chief executive as required under section 491 . - (i) the chief executive cancels the remaining period of suspension; or - (ii) the show cause notice is finally dealt with by a decision being made not to cancel or suspend the relevant authority; or - (iii) 56 days have passed since the notices mentioned in subsection (2) (a) were given to the holder; and