21Declaration of recognised external approval schemes

21 Declaration of recognised external approval schemes

21 Declaration of recognised external approval schemes

(1) The Minister is not to declare a scheme to be a recognised external approval scheme for the purposes of section 20 of the Act unless—

(a) an application is made to the Minister for the declaration under this Part, and

(b) the Minister is satisfied that the person that conducts the scheme is appropriately accredited (or will be appropriately accredited within the next 12 months) by the Joint Accreditation System of Australia and New Zealand established on 30 October 1991, as competent to certify that electrical articles comply with relevant Australian Standards, and

(c) the person that conducts the scheme has agreed to implement any systems for the approval and marking of electrical articles that the Minister may direct from time to time, and

(d) the Minister has advertised his or her intention to make a declaration in respect of a specified scheme, as provided by this Part, and considered any submissions made concerning the proposed declaration.

(2) An application must—

(a) be in the form approved by the Secretary, and

(b) be accompanied by the relevant fee for the application.

(3) The Minister must specify a period (not exceeding 5 years) for the duration of the declaration of a recognised external approval scheme.

(4) The Minister may impose conditions on the declaration of a recognised external approval scheme for the purposes of section 20 of the Act and may vary or revoke any such conditions.

(5) Without limiting subclause (4), a condition may limit the approval or certification of models of electrical articles that may be provided under a recognised external approval scheme to a specified class or specified classes of models of electrical articles.

(6) The Minister may not impose or vary a condition under subclause (4) after declaring a scheme to be a recognised external approval scheme unless—

(a) the person conducting the scheme has been given written notice of the Minister’s intention to impose or vary the condition, and

(b) the person has been given the opportunity to make written submissions to the Minister concerning the proposed imposition or variation within a specified period (not being less than 7 days), and