62MGrounds for refusal of application for accreditation

62M Grounds for refusal of application for accreditation

62M Grounds for refusal of application for accreditation

(1) The Scheme Administrator may refuse an application for accreditation as a certificate provider for an activity if—

(a) the Scheme Administrator is not satisfied the applicant is eligible for accreditation as a certificate provider for the activity, or

(b) the application for accreditation is not properly made, or

(c) the applicant fails to give the Scheme Administrator an undertaking required to be given under clause 62L, or

(d) the Scheme Administrator is not satisfied the applicant is competent to be a certificate provider for the activity, or

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

(2) If the Scheme Administrator refuses an application for accreditation as a certificate provider, the Scheme Administrator must give the applicant written notice of the grounds for refusal.

(3) 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.

(4) 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.

(5) Subclauses (3) and (4) do not limit the grounds on which the Scheme Administrator may be satisfied an applicant is not a fit and proper person.

cl 62M: Ins 2022 (607), Sch 1[57].