Building and Development Certifiers Regulation 2020

For the purposes of section 12(3) of the Act, an application for variation of registration must—

be in a form approved by the Secretary, and

include or be accompanied by information or evidence that the Secretary reasonably requires to assess the application, and

be accompanied by the fee payable as if the application were an application for the grant of registration.

If the Secretary considers it necessary to do so, the Secretary may require either or both of the following—

further documents or information to be provided by the applicant,

in the case of an applicant who is an individual, that the applicant attend an interview, undertake an oral or written examination or provide a demonstration of the applicant’s skills.

Section 9 of the Act is taken to apply to an application for variation of registration in the same way as it applies to an application for the grant of registration.

A variation of registration takes effect—

at the time specified by the Secretary in the written notice under section 12 of the Act, or

if no time is specified or if the notice is served on the registered certifier after that time, when the notice is served on the registered certifier.

The Secretary is taken to have refused to grant a variation of registration to an applicant if the Secretary fails to give the applicant notice of the Secretary’s decision within 28 days after the application is made.

In calculating a period for the purposes of subclause (5), any period from the day on which the Secretary makes a written request for further information from the applicant until the day on which the information is provided or the applicant refuses to provide the information is not to be included.

Subclause (5) does not prevent the Secretary from continuing to deal with an application after the expiry of that period.