84Renewal

84 Renewal

(1) If an entity applies for the renewal of the entity’s accreditation as an ADSP under section 85A, the Commissioner may grant the renewal if: (a) the entity is an Australian entity and not an excluded entity; and (b) the Commissioner is satisfied that the entity meets the criteria for accreditation under section 77, to a standard appropriate for accreditation as an ADSP; and (c) the Commissioner considers it appropriate, in all the circumstances, to grant the renewal. (2) If the Commissioner grants the renewal, the Commissioner may renew the accreditation: (a) without imposing conditions of accreditation on the entity; or (b) with conditions of accreditation imposed by the Commissioner (including conditions of accreditation imposed before the renewal that continue to be imposed on the entity), if the Commissioner is satisfied that imposing the conditions is: (i) appropriate for reasons of security, including on the basis of an adverse or qualified security assessment in respect of a person; or (ii) otherwise reasonable and appropriate in the circumstances to ensure that scheme data is collected and used in accordance with this Act.

Note 1: The Commissioner must give the entity notice before making a decision to renew the entity’s accreditation with conditions (see section 79).

Note 2: Even if the Commissioner does not impose conditions of accreditation, conditions of accreditation prescribed by the rules may still be applicable to the entity.

(3) Without limiting paragraph (1)(b), the Commissioner may be satisfied that the entity meets the criteria for accreditation under section 77 to the appropriate standard on the basis that: (a) the entity will comply with conditions of accreditation imposed on the entity; or (b) because the entity will comply with conditions of accreditation imposed on the entity, the entity does not need to meet one or more of the criteria. (4) For the purposes of paragraph (1)(c), an example of when the Commissioner may consider it not appropriate to grant the renewal is if the Commissioner considers that the entity’s continued participation in the data sharing scheme would pose concerns for reasons of security.