Environmental Planning and Assessment Regulation 2000
Historical version for 8 July 2005 to 31 July 2005 (accessed 6 August 2020 at 06:19) Current version
Part 10 Division 3 Clause 204
204   Grounds for refusing, withdrawing or suspending accreditation
(cf clause 81L of EP&A Regulation 1994)
(1)  For the purposes of section 109T (2) (c) of the Act, an accreditation body may withdraw a person’s accreditation as an accredited certifier if:
(a)  the person dies, or
(b)  the person is a mentally incapacitated person, or
(c)  the person makes a written request to the accreditation body for the withdrawal of that person’s accreditation, or
(d)  the person’s accreditation as a certifier (in whatever terms expressed) is suspended (otherwise than at that person’s request) under a corresponding law, or
(e)  the person has been accredited on the basis of an error of fact (whether or not arising from a misrepresentation made by the person), or
(f)  the accreditation body is satisfied that the person is not a fit and proper person to be an accredited certifier.
(1A)  Without limiting any other grounds on which a person may be found not to be fit and proper, an accreditation body may be satisfied that a person is not a fit and proper person to be an accredited certifier on the ground that the person:
(a)  has contravened a law, whether or not a New South Wales law, and whether or not the contravention is an offence, or
(b)  has failed to comply with a statutory or other duty, or a contractual obligation, imposed on the person by or in accordance with a law, whether or not a New South Wales law, or
(c)  is an undischarged bankrupt, or
(d)  has represented himself or herself as being an accredited certifier when the person was not an accredited certifier, or
(e)  has contravened any code of conduct of an accreditation body.
(2)  For the purposes of section 109T (2) (c) of the Act, an accreditation body may suspend a person’s accreditation as an accredited certifier if:
(a)  the person makes a written request to the accreditation body for the suspension of that person’s accreditation, or
(b)  the person’s accreditation as a certifier (in whatever terms expressed) is suspended (otherwise than at that person’s request) under a corresponding law.
(3)  For the purposes of section 109T (2) (c) of the Act, an accreditation body may refuse to accredit a person as an accredited certifier on any of the grounds on which it could (otherwise than at that person’s request) withdraw or suspend that person’s accreditation under subclause (1) or (2).
(4)  In this clause, corresponding law means:
(a)  the Building Act 1975 of Queensland,
(b)  the Building Act 1993 of Victoria,
(c)  the Building Act 1993 of the Northern Territory,
(d)  the Development Act 1993 of South Australia,
(e)  the Construction Practitioners Registration Act 1998 of the Australian Capital Territory.