Commonwealth Consolidated Acts

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DATA AVAILABILITY AND TRANSPARENCY ACT 2022 - SECT 82

Notice before decision about suspension or cancellation

  (1)   Subject to subsection   (4), the accreditation authority for an entity must not suspend or cancel the entity's accreditation under subsection   81(1), (2), (3) or (4) unless the authority has given the entity a written notice in accordance with subsection   (2) of this section.

  (2)   The notice must:

  (a)   state the circumstance that exists for the proposed suspension or cancellation under section   81; and

  (b)   state:

  (i)   if suspension is proposed--the period of suspension, or that the proposed suspension is indefinite; or

  (ii)   if cancellation is proposed--the date proposed for the cancellation to take effect; and

  (c)   for proposed suspension or cancellation under subsection   81(1), (2), (3) or (4)--request the accredited entity to give the accreditation authority, within the period specified in the notice, a written statement showing cause why the accreditation should not be suspended or cancelled.

  (3)   The accreditation authority must consider any written statement given to the accreditation authority within the period specified in the notice before making a decision under section   81.

  (4)   If the reasons for making a decision under section   81 relate to security, or the accreditation authority reasonably believes the reasons to be serious and urgent, the accreditation authority may decide:

  (a)   for a decision made under subsection   81(1), (2), (3) or (4)--to give the entity a notice under subsection   (2) of this section that does not include the request referred to in paragraph   (2)(c) of this section; or

  (b)   not to give the entity a notice under subsection   (2) of this section.



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