Professional Engineers Act 2023

On written application by an assessment entity, the director‑general must revoke the approval of the entity if the director‑general is satisfied that it is appropriate to revoke the approval.

The director‑general may revoke the approval of an assessment entity on the director‑general’s own initiative if the director‑general—

is satisfied that 1 or more of the following applies:

the entity has failed to comply with the conditions of its approval;

the entity knowingly or recklessly used false or misleading information to become an assessment entity;

the entity has stopped being eligible to hold an approval;

the entity has contravened this Act;

the entity has failed to comply with the conditions of an approval granted under a relevant law for the entity to conduct an assessment scheme (however described) in that jurisdiction;

the entity has contravened a relevant law when conducting an assessment scheme (however described) in that jurisdiction; and

has given the entity a written notice that—

states that the director‑general proposes to revoke the approval; and

states the reason the director‑general proposes to revoke the approval; and

tells the entity that it may give a written response to the director‑general about the matters stated in the notice not later than 28 days after the entity receives the notice; and

has considered any response given in accordance with paragraph (b) (iii); and

is satisfied that it is appropriate to revoke the approval.

Revocation of an approval takes effect—

for a revocation under subsection (1)—

90 days after the day the revocation is notified; or

if a later date is stated in the revocation—on that date; or

for a revocation under subsection (2)—on the day stated in the revocation.

A revocation is a notifiable instrument.

Part 6 Regulatory action—professional engineers

Division 6.1 Disciplinary action