Commonwealth Consolidated Acts

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RECYCLING AND WASTE REDUCTION ACT 2020 - SECT 131

Suspension of authorisation

  (1)   Subject to section   133 (which applies in relation to third party authorised officers), the Secretary may, at any time, by notice in writing given to a person who is an authorised officer, suspend the person's authorisation as an authorised officer.

Note:   A decision under this subsection in relation to a third party authorised officer is a reviewable decision (see section   151).

Period of suspension

  (2)   A suspension must not be for more than 12 months.

  (3)   If the person was given a notice in accordance with subsection   133(3) that included the request referred to in paragraph   133(3)(b), the suspension must not start before the earlier of the following:

  (a)   the day after any response to the request is received by the Secretary;

  (b)   the end of 14 days after the notice was given.

  (4)   The Secretary may vary the period of a suspension by written notice to the person. However, the total period of the suspension must not be more than 12 months.

Note:   A decision to extend the period of a suspension of a person's authorisation as a third party authorised officer is a reviewable decision (see section   151).

Effect of suspension

  (5)   If a person's authorisation as an authorised officer is suspended for a period under subsection   (1), the person is taken not to be an authorised officer during the period of the suspension.

Note:   If a person's authorisation as a third party authorised officer is suspended:

(a)   the Minister may require an audit to be conducted in relation to the performance of functions and the exercise of powers by the person as a third party authorised officer (see section   110); or

(b)   the Secretary request the person to notify the Secretary of certain events (see section   137).

Revocation of suspension

  (6)   The Secretary may revoke a suspension of a person's authorisation as an authorised officer under subsection   (1) by written notice to the person.

Note:   For the purpose of deciding whether to revoke the suspension, the Secretary may request the person to notify the Secretary of certain events (see section   137).



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