81Suspension or cancellation of accreditation

81 Suspension or cancellation of accreditation

When accreditation may be suspended or cancelled (1) The accreditation authority for an entity may suspend or cancel the accreditation of the entity if any of the following circumstances exist: (a) the accreditation authority is reasonably satisfied that the entity does not meet the criteria for accreditation under section 77 to the appropriate standard; (b) the entity becomes a Chapter 5 body corporate within the meaning of the Corporations Act 2001; (c) for accreditation as an ADSP if the entity is a Commonwealth body, State body or Territory body, or the Commonwealth, a State or Territory—the Minister: (i) refuses to accredit the entity as an accredited user; or (ii) suspends or cancels the entity’s accreditation as an accredited user; (d) for accreditation as an accredited user—the Commissioner suspends or cancels the entity’s accreditation as an ADSP; (e) the accreditation authority determines it is in the national interest; (f) for reasons of security, including on the basis of an adverse or qualified security assessment in respect of a person.

Note: An accredited entity continues to be an accredited entity (including while its accreditation is suspended) until its accreditation is cancelled (see subsections 77A(1) and (2)).

(2) The accreditation authority for an entity may suspend the accreditation of the entity if the accreditation authority reasonably suspects that the entity has breached this Act or a data sharing agreement. (3) The accreditation authority for an entity may cancel the entity’s accreditation if the Commissioner determines under subsection 102(1) that the entity has breached this Act or a data sharing agreement. (4) The Minister may cancel the accreditation of an entity for which the Minister is the accreditation authority if the Minister reasonably believes that the entity has breached this Act or a data sharing agreement. (5) If an entity is a data scheme entity in more than one capacity, the accreditation authority may have regard to the entity’s conduct in any of those capacities for the purposes of subsections (1), (2), (3) and (4). (6) If, under paragraph (1)(c), there is a ground for suspending or cancelling an entity’s accreditation as an ADSP, the Commissioner must consider whether to do any of the following: (a) suspend or cancel the entity’s accreditation as an ADSP on that ground; (b) impose conditions of accreditation on the entity in its capacity as an ADSP, or vary any such conditions. (7) If, under paragraph (1)(d), there is a ground for suspending or cancelling an entity’s accreditation as an accredited user, the accreditation authority for the accredited user must consider whether to do any of the following: (a) suspend or cancel the entity’s accreditation as an accredited user on that ground; (b) impose conditions of accreditation on the entity in its capacity as an accredited user, or vary any such conditions. When accreditation must be suspended or cancelled (8) The Commissioner: (a) must suspend an entity’s accreditation as an ADSP if the entity fails to apply for renewal under section 85A within 5 years of the grant of accreditation under section 74 or its renewal under section 84, as applicable; and (b) must suspend or cancel an entity’s accreditation as an ADSP after having refused to renew the entity’s accreditation under section 84.