73UApproved quality auditors

#### 73U Approved quality auditors (1) The Commissioner may, in writing, approve a person or body to be an approved quality auditor for the purposes of this Act. (2) The Commissioner may do so on request of the person or body. (3) If a person or body requests an approval, the Commissioner must: (a) make a decision under subsection (1) to give the approval; or (b) make a decision to refuse to give the approval. (4) If the Commissioner refuses to give the approval, the Commissioner must give notice to the person or body of the refusal and of the reasons for the refusal. Conditions (4A) An approval is subject to such conditions as are specified in the National Disability Insurance Scheme rules for the purposes of this subsection. (5) The Commissioner may make an approval subject to conditions specified in the approval. (5A) Without limiting subsection (4A) or (5), a condition specified under either of those subsections may have the effect of requiring an approved quality auditor to not: (a) employ or engage, or continue to employ or engage, a person against whom a banning order has been made; or (b) have, or continue to have, such a person as a member of the approved quality auditor’s key personnel. Variation (6) The Commissioner may, in writing, vary an approval given under subsection (1) by: (a) imposing new conditions on the approval; or (b) varying or removing existing conditions (other than conditions specified under subsection (4A)). (7) The Commissioner must give notice to the person or body of the variation and of the reasons for the variation. The notice must specify the day the variation takes effect (which must not be earlier than the day the notice is given). Revocation (8) The Commissioner may, in writing, revoke an approval given under subsection (1). (9) The Commissioner must give notice to the person or body of the revocation and of the reasons for the revocation. The notice must specify the day the revocation takes effect (which must not be earlier than the day the notice is given). National Disability Insurance Scheme rules relating to approved quality auditors (9A) The National Disability Insurance Scheme rules may prescribe requirements with which the Commissioner must comply, criteria that the Commissioner is to apply, or matters to which the Commissioner may, must or must not have regard, in deciding the following: (a) whether to give, or refuse to give, an approval under subsection (1); (b) whether or not to make an approval given under subsection (1) subject to conditions; (c) whether or not to vary or revoke an approval given under subsection (1). Approval not a legislative instrument (10) An approval given under subsection (1) is not a legislative instrument. Publication (11) The Commissioner may publish, on the Commission’s website, a list of approved quality auditors.