42Changing certificate holders on Executive Director’s initiative

42 Changing certificate holders on Executive Director’s initiative

(1) The Executive Director may remove a person as a holder of an assessment certificate, or remove a person as a person covered by the certificate, if the Executive Director is satisfied that: (a) the person is not complying with the terms of the assessment certificate; or (b) the person has made a statement, or given a document or information, to the Executive Director in connection with the assessment certificate that was false or misleading in a material particular. (2) Before removing the person, the Executive Director must give written notice of the proposed removal, and the reasons for the removal, to the person. (3) The person may make a written submission to the Executive Director about the proposed removal. (4) A submission must be made within the period specified in the notice, which must not be less than 20 working days after the day the notice is given. (5) After considering any submissions made during that period the Executive Director must decide to: (a) remove the person from the assessment certificate; or (b) not remove the person from the assessment certificate. (6) The Executive Director must give written notice of the decision to the following: (a) the person; (b) each holder of the certificate. (7) If after removing the person there are no holders of the certificate, the certificate is taken to be cancelled on the day the notice is given under subsection (6).