56Revocation, suspension or refusal to renew accreditation

#### 56 Revocation, suspension or refusal to renew accreditation 56 Revocation, suspension or refusal to renew accreditation > > (1) The EPA may, by notice in writing given to a site auditor, suspend, revoke or refuse to renew the site auditor’s accreditation if it is of the opinion that one or more of the following grounds exist— > > > > > (a) the site auditor no longer satisfies the requirements of the guidelines in relation to eligibility for accreditation as a site auditor, > > > > > (b) the site auditor has contravened— > > > > > > > (i) any of the provisions of this Part, or > > > > > > > (ii) any of the provisions of the regulations, or > > > > > > > (iii) a condition to which the accreditation is subject, or > > > > > > > (iv) a direction given to the site auditor by the EPA under this Part, > > > > > (c) the site auditor is not carrying out sufficient bona fide site audits to justify continued accreditation, > > > > > (d) the site auditor’s accreditation in another jurisdiction has been changed because of conduct that would (if it occurred in New South Wales) authorise revocation or suspension of the person’s accreditation under this Act, > > > > > > Note. > > > > > > Section 33 of the [Mutual Recognition Act 1992](http://www.legislation.gov.au/) of the Commonwealth states that if a person’s registration in an occupation in a State is cancelled, suspended or subject to a condition in relation to criminal, civil or disciplinary proceedings, then the person’s registration in the equivalent occupation in another State is affected in the same way. See also section 32 of the [Trans-Tasman Mutual Recognition Act 1997](http://www.legislation.gov.au/) of the Commonwealth which has a similar provision in relation to disciplinary proceedings occurring in New Zealand. > > > > > (e) the site auditor provided false or misleading information in connection with an application for accreditation or renewal of accreditation, > > > > > (f) the site auditor fails to pay an accreditation fee within the time determined by the EPA, or such further time as the EPA may allow, > > > > > (g) any other ground prescribed by the regulations, > > > > > (h) the action is justified having regard to— > > > > > > > (i) the quality of the site auditor’s work in relation to site audits in recent accreditation periods, or > > > > > > > (ii) any formal or informal disciplinary action taken against the site auditor under this Act, or > > > > > > > (iii) any other matter that the EPA considers to be relevant to the site auditor’s suitability for accreditation. > > > (2) A suspension of accreditation may be for a specified period, until completion of specified conditions, or until further notice by the EPA. > > > (3) If a site auditor’s accreditation is suspended until the fulfilment of specified conditions, the EPA must give the site auditor notice in writing that the accreditation is reinstated as soon as practicable after it is satisfied that the specified conditions have been fulfilled. > > > (4) A suspension of accreditation has effect— > > > > > (a) for the period specified in the notice effecting the suspension, or > > > > > (b) if no period is specified in the notice, or if accreditation is suspended until the fulfilment of specified conditions, for the period— > > > > > > > (i) commencing on the date specified in the notice or on the date on which it is given to the site auditor, whichever is the later, and > > > > > > > (ii) finishing on the date the EPA gives the site auditor notice in writing that the site auditor’s accreditation is reinstated or revoked. > > > (5) An accreditation is taken not to be in force during the period in which a suspension has effect. > > > (6) A revocation of accreditation takes effect on the date specified in the notice given by the EPA or on the date on which it is given to the site auditor, whichever is the later. > > > (7) The EPA may revoke an accreditation that is suspended. > > > (8) The EPA must not suspend, revoke or refuse to renew accreditation on a ground specified in this section unless before doing so— > > > > > (a) it has given notice in writing to the site auditor that it intends to do so, and > > > > > (b) it has specified in that notice the reasons for its intention to do so, and > > > > > (c) it has given the site auditor a reasonable opportunity to make submissions in relation to the proposed revocation, suspension or refusal to renew, and > > > > > (d) it has taken into consideration any submissions made by the site auditor. > > > (9) In this section— > > > > accreditation in another jurisdiction includes the appointment, registration, licensing, approval, admission, certification (including by way of practising certificates), or any other form of authorisation, of a person required by or under legislation of another jurisdiction for the carrying out of audits relating to the actual or possible contamination of land. > > **s 56:** Am 1998 No 120, Sch 1.9 \[4\]. Subst 2003 No 91, Sch 1 \[13\].