25Accreditation of assessors

25 Accreditation of assessors

(1) The Secretary must refuse to accredit a person as an assessor if: (a) the person has been convicted of an offence against Division 137 of the Criminal Code for the provision of false or misleading information or documents in, or in connection with, an application for a building energy efficiency certificate; or (b) the person has been convicted of an offence against Division 137 of the Criminal Code for the provision of false or misleading information in, or in connection with, an audit conducted under Part 4; or (c) the Secretary is satisfied that the person has otherwise provided false or misleading information in, or in connection with, a rating of the energy efficiency of a building on which another person might rely for any purpose; or (d) the person has been convicted of an offence against Division 137 of the Criminal Code for the provision of false or misleading information in, or in connection with, an application for accreditation or renewal of accreditation; or (e) the person has not successfully completed the prescribed training. (2) The Secretary may refuse to accredit a person as an assessor if: (a) in a case where the person has previously been accredited as an assessor: (i) the person has been found in proceedings for damages brought under section 20 not to have properly applied the assessment methods and standards determined under section 21 for the purposes of working out a proposed energy efficiency rating or performing a lighting energy efficiency assessment for a building or an area of a building; or (ii) the Secretary is otherwise reasonably satisfied that the person has not properly applied the assessment methods and standards determined under section 21 for the purposes of working out a proposed energy efficiency rating or performing a lighting energy efficiency assessment for a building or an area of a building; or (iii) the person has failed to comply with a condition of accreditation; or (b) in any case: (i) the Secretary is satisfied that the person needs to undertake further training before the person can properly apply the assessment methods and standards determined under section 21 and the person has not successfully completed that training; or (ii) the Secretary is satisfied that the person does not have the qualifications or experience necessary to properly apply the assessment methods and standards determined under section 21; or (c) the Secretary is satisfied that the person will not be able to satisfy a condition of accreditation prescribed under subsection 27(1) that is relevant to the person. (3) Otherwise, the Secretary must accredit the person. (4) The Secretary must notify the person in writing of the Secretary’s decision on the application.