16Suspension, cancellation or variation of accreditation—general

16 Suspension, cancellation or variation of accreditation—general

(1) The accrediting agency may, if subsection (2) applies, give to a person who is accredited as a member of an alternative compliance scheme a notice stating that: (a) it proposes to cancel or suspend the accreditation, or cancel or suspend the accreditation so far as it relates to specified nominated drivers or vehicles of the person; or (b) it proposes to vary the accreditation in the way specified in the notice. (2) This subsection applies if: (a) the accrediting agency is satisfied that the person was accredited as a member on the basis of fraud or misrepresentation; or (b) the accrediting agency is satisfied that the person or a nominated driver has contravened a condition that applies to the person under section 12; or (c) the person or a nominated driver has been found guilty of contravening a relevant law (or proceeded against by way of infringement notice) and that the accrediting agency is satisfied that the contravention: (i) is serious; or (ii) is part of a persistent series of contraventions; or (iii) taking into account the behaviour of all nominated drivers of the person, amounts to a pattern of contravening behaviour; or (d) the accrediting agency is no longer satisfied that the person and its nominated drivers and vehicles continue to meet the requirements set out in section 7; or (e) a fee prescribed by the regulations is due but has not been paid; or (f) the person requests or agrees to the suspension or cancellation. (3) The notice: (a) must state the accrediting agency’s reasons for giving the notice; and (b) must state that the accreditation will be cancelled or suspended so far as it relates to specified nominated drivers or vehicles of the person or varied on a specified day unless the person satisfies the accrediting agency that the notice should be withdrawn; and (c) may state a period of suspension of the accreditation; and (d) if the person does not satisfy the accrediting agency that the notice should be withdrawn, the accrediting agency may take the action specified in the notice.