9‑23 Secretary must decide whether to ap9‑23 Secretary must decide whether to approve applicant to carry out assessments

9‑23 Secretary must decide whether to approve applicant to carry out assessments

(1) On receiving an application under section 9‑22, the Secretary must decide: (a) to approve the applicant, under subsection 281(1) of the Act, to carry out assessments; or (b) to refuse to approve the applicant to carry out assessments.

Note: A decision to refuse to approve the applicant to carry out assessments is a reviewable decision (see section 11‑1 of this instrument) and the Secretary must give the applicant written notice of the decision (see section 382 of the Act).

(2) The Secretary may approve the applicant, under subsection 281(1) of the Act, to carry out assessments if the Secretary is satisfied, having regard to any matter that the Secretary considers relevant, that the following additional requirements are met: (a) the applicant is a fit and proper person (having regard to the matters referred to in section 372 of the Act); (b) the applicant has the necessary competency (for example, the knowledge, training, skills or experience) to carry out assessments; (c) assessments carried out by the applicant will be objective, independent, fair and accurate; (d) the applicant will comply with Division 2 of this Part in relation to assessments carried out by the applicant; (e) the applicant will comply with the procedures for carrying out assessments that are necessary to ensure that: (i) the requirements referred to in paragraphs (c) and (d) are met; and (ii) an accurate assessment can be made of whether the requirements referred to in those paragraphs are met. (3) For the purposes of paragraph (2)(c), the Secretary may consider any interests, pecuniary or otherwise, of the applicant that conflict or could conflict with the conduct of an assessment by the applicant. (4) The Secretary may refuse to approve the applicant to carry out assessments if: (a) the applicant has a relevant Commonwealth liability that has not been paid; or (b) the applicant made a statement that was false, misleading or incomplete, or for which there were no reasonable grounds: (i) in the application; or (ii) in a document required to be provided under the Act; or (c) the applicant gave information or a document that was false, misleading or incomplete, or for which there were no reasonable grounds: (i) to the Secretary or to another person performing functions or exercising powers under the Act; or (ii) to the Secretary or the Department under a prescribed agriculture law.

Note: The Secretary must not approve a person to carry out assessments unless the Secretary is satisfied that the person satisfies, or will satisfy, certain training and qualification requirements determined by the Secretary (see subsections 281(3) and (4) of the Act).