42Suspension or cancellation of accreditation

42 Suspension or cancellation of accreditation

42 Suspension or cancellation of accreditation

(1) The Scheme Administrator may suspend or cancel the accreditation of a person as an energy savings certificate provider in respect of an activity on any of the following grounds—

(a) the Scheme Administrator is satisfied that the person has ceased to be eligible for accreditation as an energy savings certificate provider in respect of the activity,

(b) the person has requested the suspension or cancellation,

(c) the Scheme Administrator is satisfied that the person, or a close associate of the person, has contravened a provision of the Act, the regulations, the scheme rules or a condition to which the accreditation is subject,

(d) the person has become bankrupt, applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit,

(e) the person is a corporation that is the subject of a winding up order or for which an insolvency official has been appointed,

(f) the Scheme Administrator is satisfied the person is not competent to be an energy savings certificate provider for the activity,

(g) the Scheme Administrator is satisfied the person is not a fit and proper person.

(2) If the Scheme Administrator suspends or cancels the accreditation of a person, the Scheme Administrator is required to notify the person in writing of the suspension or cancellation and the grounds on which the accreditation is suspended or cancelled.

(3) A suspension or cancellation takes effect when notice of the suspension or cancellation is given to the person by the Scheme Administrator, or on any later date specified by the Scheme Administrator in the notice.

(4) An individual may not be a fit and proper person if the individual—

(a) has, in the previous 10 years, been found guilty of an offence involving fraud or dishonesty, whether in New South Wales or elsewhere, or

(b) has been found guilty of an offence under the Act or this Regulation.

(5) A corporation may not be a fit and proper person if a person who is a director of the corporation or otherwise involved in the management of the corporation is not a fit and proper person under this clause.