South Australian Current Regulations South Australian Current Regulations58—Disciplinary action against site contamination auditors and voluntary
suspension
(1) The Authority may,
if satisfied that there is cause for disciplinary action against a site
contamination auditor, do 1 or more of the following:
(a)
suspend any accreditation held by the person;
(b)
cancel any accreditation held by the person;
(c)
disqualify the person from obtaining accreditation.
(2) There is cause for
disciplinary action against a site contamination auditor if the Authority is
satisfied that—
(a) the
person—
(i)
obtained accreditation improperly; or
(ii)
has contravened the Act or this Part; or
(iii)
has contravened a condition of accreditation; or
(iv)
has ceased to undertake the activities authorised by
accreditation; or
(v)
has not paid fees or charges payable under this Part to
the Authority within the required time; or
(b)
events have occurred such that the person would not, if the person were to
apply for accreditation, be eligible for accreditation.
(3) A suspension under
this regulation—
(a) may
be for a specified period, or until the fulfilment of specified conditions, or
until further order of the Authority; and
(b) may
be expressed to have effect at a specified future time, or to have effect at a
specified future time unless a specified condition is fulfilled.
(4) A disqualification
under this regulation may disqualify a person from obtaining
accreditation—
(a)
permanently; or
(b) for
a specified period or until the fulfilment of specified conditions; or
(c)
until further order of the Authority.
(5) The Authority
must, before acting under this regulation—
(a) give
written notice to the site contamination auditor of the proposed action
specifying the reasons for the proposed action; and
(b)
allow the site contamination auditor at least 14 days within which to
make submissions to the Authority in relation to the proposed action.
(6) The Authority may,
on application by a site contamination auditor, suspend the auditor's
accreditation for a specified period of not less than 3 months and not
more than 2 years or the term of the accreditation, whichever is the
shorter period, if the Authority is satisfied that the auditor does not intend
to undertake site contamination audits during that period.
(7) A person whose
accreditation is suspended is taken not to hold accreditation for the period
of the suspension.
(8) However—
(a) the
person is taken to continue to hold accreditation for the purposes of the
requirements of section 103Y of the Act (relating to furnishing the
Authority with an annual return and notifying the Authority of a change in the
person's particulars); and
(b) the
date of expiry of the person's accreditation remains unchanged despite the
suspension.
(9) In this
regulation—
"site contamination auditor" means—
(a) a
person who is the holder of accreditation; or
(b) a
person who was formerly the holder of accreditation; or
(c) a
person who, although not the holder of accreditation, engaged in an activity
for which accreditation was required (under section 103U of the Act).