79Notice before decision relating to conditions of accreditation

79 Notice before decision relating to conditions of accreditation

(1) Subject to subsection (4), the accreditation authority for an entity must not make any of the following decisions in relation to an entity unless the authority has given the entity written notice of the proposed decision in accordance with subsection (2): (a) a decision under section 74 to accredit the entity with conditions of accreditation imposed by the authority; (b) a decision under section 78 to impose conditions of accreditation on the entity or vary or remove such conditions; (c) a decision under section 84 to renew the entity’s accreditation with conditions of accreditation imposed by the authority (including conditions of accreditation imposed before the renewal that continue to be imposed on the entity).

Note: The Commissioner is the accreditation authority under section 84.

(2) The notice must: (a) state the proposed decision; and (b) request the entity to give the accreditation authority, within the period specified in the notice, a written statement relating to the proposed decision. (3) The accreditation authority must consider any written statement given to the authority within the period specified in the notice before making the decision. (4) If the reasons for the decision relate to security, or the accreditation authority reasonably believes the reasons to be serious and urgent, the accreditation authority may decide: (a) to give the entity a notice under subsection (2) that does not include the request referred to in paragraph (2)(b); or (b) not to give the entity a notice under subsection (2).