53Suspension or cancellation of recognition

#### 53 Suspension or cancellation of recognition 53 Suspension or cancellation of recognition > > (1) The Secretary may suspend or cancel recognition as a recognised engineering body on the following grounds— > > > > > (a) the Secretary is no longer satisfied that the recognised engineering body or the recognised engineering body’s recognition or registration scheme meets the requirements set out in section 55 of the Act, > > > > > (a1) in the Secretary’s opinion the recognised engineering body or a director or officer of the body has contravened a requirement imposed under the Act, > > > > > (a2) in the Secretary’s opinion, if the recognised engineering body were applying for recognition under clause 52B, the application would be refused under that clause, > > > > > (a3) in the Secretary’s opinion the recognised engineering body should not have been granted recognition because the Secretary— > > > > > > > (i) has received information about the body or a director or officer of the body, and > > > > > > > (ii) reasonably believes the Secretary would have refused the application if the Secretary had received the information at the time the application for recognition or renewal of recognition was made, > > > > > (a4) in the Secretary’s opinion the recognised engineering body is no longer exercising the functions of a recognised engineering body, > > > > > (b) the recognised engineering body has applied for the recognition to be cancelled. > > > (1A) The Secretary may suspend recognition as a recognised engineering body unconditionally or subject to conditions determined by the Secretary. > > > (2) For the purposes of subclause (1)(a), the Secretary must give written notice to a recognised engineering body of the Secretary’s intention to suspend or cancel recognition. > > > (2A) For the purposes of subclause (1)(b), the recognised engineering body must, after the recognised engineering body applies for the recognition to be cancelled— > > > > > (a) continue to operate and meet the requirements of the body under the Act for at least 180 days before the recognition is cancelled, and > > > > > (b) before the end of the 180 day period—implement the transition strategy under clause 61. > > > (2B) The Secretary may cancel recognition as a recognised engineering body if the Secretary and the recognised engineering body jointly agree to cancel the recognition earlier than the period referred to in subclause (2A). > > > (3) In making a decision about whether or not to suspend or cancel recognition, the Secretary must take into account any written submissions made to the Secretary by the recognised engineering body. > > > (4) If the Secretary decides to suspend or cancel recognition, the Secretary must give the recognised engineering body written notice of the decision, including— > > > > > (a) the date or time from which the suspension or cancellation takes effect, and > > > > > (b) the reasons for the suspension or cancellation. > > > (5) If the Secretary decides to suspend recognition, the Secretary must give the recognised engineering body written notice of the decision, including— > > > > > (a) the period of the suspension, and > > > > > (b) conditions on the suspension. > > **cl 53:** Am 2022 (62), Sch \[9\]–\[16\].