New South Wales Consolidated Acts

BUILDING PROFESSIONALS ACT 2005 - SECT 9

9 Conditions of accreditation

(1) A certificate of accreditation is subject to any conditions imposed by the Board under section 6 or this section and any conditions prescribed by the regulations.

(2) The Board may, at any time, vary any term of, or condition imposed by the Board on, a certificate of accreditation or may impose a new condition on a certificate of accreditation.

(3) The Board may vary a term or condition of a certificate of accreditation or impose a new condition only after having given the holder of the certificate of accreditation written notice of its intention to vary or impose the term or condition setting out its reasons.

(4) The notice must include a statement that the holder of the certificate of accreditation concerned may make submissions to the Board in relation to the proposed variation or imposition of the term or condition within 14 days after the date of the notice.

(5) The Board must take into account any submissions received in accordance with subsection (4).

(6) Subsections (3)-(5) do not apply to the variation or imposition of a term or condition at the request of the holder of the certificate of accreditation concerned or following a decision of the Board under section 31 or the Tribunal under section 34.

(7) A variation of a term or condition of, or imposition of a condition on, a certificate of accreditation:

(a) must be made by notice in writing, and

(b) must be served on the holder of the certificate, and

(c) takes effect on the day on which the notice is served or on a later day specified in the notice.

(8) If the Board varies a term or condition of a certificate of accreditation or imposes a new condition, it is, as soon as is practicable, to issue the holder of the certificate with a replacement certificate that takes account of the variation or imposition of the term or condition.

(9) Subsections (2)-(8) do not apply to a condition that is prescribed by the regulations.