37Variation of approval of accreditation authority

37 Variation of approval of accreditation authority

37 Variation of approval of accreditation authority

(1) For the purposes of section 65(3) of the Act, an application for variation of approval must—

(a) be in a form approved by the Secretary, and

(b) include or be accompanied by information or evidence that the Secretary reasonably requires to assess the application, and

(c) be accompanied by the fee payable as if the application were an application for the grant of approval.

(2) If the Secretary considers it necessary to do so, the Secretary may require further documents or information to be provided by the applicant.

(3) A variation of approval takes effect—

(a) at the time specified by the Secretary in the written notice under section 65 of the Act, or

(b) if no time is specified or if the notice is served on the accreditation authority after that time, when the notice is served on the accreditation authority.

(4) The Secretary is taken to have refused to grant a variation of approval to an applicant if the Secretary fails to give the applicant notice of the Secretary’s decision within 28 days after the application is made.

(5) In calculating a period for the purposes of subclause (4), any period from the day on which the Secretary makes a written request for further information from the applicant until the day on which the information is provided or the applicant refuses to provide the information is not to be included.

(6) Subclause (4) does not prevent the Secretary from continuing to deal with an application after the expiry of that period.