200Revocation or suspension of appointment of environmental auditors

200 Revocation or suspension of appointment of environmental auditors (1) The Authority may suspend or revoke the appointment of an environmental auditor if— (a) in the opinion of the Authority, the environmental auditor does not satisfy the requirements of the guidelines issued under section 203 in relation to eligibility for appointment as an environmental auditor; or (b) the environmental auditor has contravened— (i) this Act; or (ii) the regulations; or (iii) a condition of the environmental auditor's appointment; or (c) the environmental auditor is not carrying out a sufficient amount of preliminary risk screen assessments or environmental audits to justify continued appointment as an environmental auditor; or (d) the environmental auditor is appointed as an environmental auditor in another jurisdiction and that appointment has been changed because of conduct that would (if it occurred in Victoria) authorise revocation or suspension of the environmental auditor's appointment under this Act; or (e) the environmental auditor provided false or misleading information to the Authority in an application for appointment or reappointment; or (f) the environmental auditor has contravened a prescribed matter; or (g) the suspension or revocation of the appointment is justified having regard to— (i) the quality of the environmental auditor's work in relation to preliminary risk screen assessments or environmental audits conducted during the environmental auditor's appointment; or (ii) the quality of the environmental auditor's work in relation to any prescribed function of an environmental auditor; or (iii) any other matter that the Authority considers to be relevant to the environmental auditor's suitability for appointment; or (h) any of the following circumstances apply to a preliminary risk screen assessment or an environmental audit conducted by the environmental auditor— (i) the environmental auditor is an associate of the person who is undertaking the activity or who owns or occupies any part of the site that is the subject of the preliminary risk screen assessment or the environmental audit; (ii) the environmental auditor has a direct or indirect pecuniary or personal interest in any part of the activity or the site that is the subject of the preliminary risk screen assessment or the environmental audit; (iii) the preliminary risk screen assessment or the environmental audit conducted by the environmental auditor involves the environmental auditor reviewing— (A) any aspect of work previously carried out by the environmental auditor or an associate of the environmental auditor; or (B) a statement or report previously prepared by the environmental auditor or an associate of the environmental auditor. (2) The Authority may revoke the appointment of an environmental auditor who is suspended. (3) Despite subsection (1)(h)(iii), the Authority must not suspend or revoke the appointment of an environmental auditor if the preliminary risk screen assessment or the environmental audit was conducted by the environmental auditor in accordance with guidelines issued under section 203 or with the approval of the Authority. S. 201 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26). 201 Matters to which Authority must have regard in deciding a suspension or revocation of appointment of environmental auditor (1) In making a decision to suspend or revoke the appointment of an environmental auditor, the Authority must have regard to any relevant guidelines issued under section 203. (2) If the Authority proposes to suspend or revoke the appointment of an environmental auditor under this section (including a proposed revocation of the appointment of an environmental auditor that is suspended), the Authority must give written notice to the environmental auditor that— (a) the Authority intends to suspend or revoke the environmental auditor's appointment and the reasons for the proposed suspension or revocation; and (b) the environmental auditor may make submissions to the Authority in relation to the proposed revocation or suspension. (3) The Authority must not suspend or revoke the appointment of an environmental auditor unless the Authority— (a) has given written notice to the environmental auditor under subsection (2); and (b) has given the environmental auditor a reasonable opportunity to make submissions; and (c) has taken into consideration any submissions made by the environmental auditor. (4) If the Authority decides to suspend the appointment of an environmental auditor, the Authority must give written notice to the environmental auditor that the environmental auditor's appointment is suspended— (a) for a specified period; or (b) until the fulfilment of specified conditions set by the Authority; or (c) until further notice by the Authority. (5) If the Authority decides to suspend the appointment of an environmental auditor under subsection (4)(b), the Authority must give written notice to the environmental auditor that the environmental auditor's appointment will be reinstated as soon as practicable after the Authority is satisfied that the environmental auditor has fulfilled the specified conditions. (6) If the Authority decides to revoke the appointment of an environmental auditor, the Authority must give written notice to the environmental auditor that the environmental auditor's appointment has been revoked and the reasons for the revocation. S. 202 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).