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Building and Development Certifiers Regulation 2020
37Variation of approval of accreditation authority
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#### 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—
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> > > (a) be in a form approved by the Secretary, and
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> > > (b) include or be accompanied by information or evidence that the Secretary reasonably requires to assess the application, and
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> > > (c) be accompanied by the fee payable as if the application were an application for the grant of approval.
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> > (2) If the Secretary considers it necessary to do so, the Secretary may require further documents or information to be provided by the applicant.
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> > (3) A variation of approval takes effect—
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> > > (a) at the time specified by the Secretary in the written notice under section 65 of the Act, or
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> > > (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.
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> > (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.
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> > (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.
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> > (6) Subclause (4) does not prevent the Secretary from continuing to deal with an application after the expiry of that period.