Part 8Recognised agencies, persons, and classes of persons
Recognition of agencies, persons, and classes of persons
105Recognition of classes of persons
The Director-General may recognise a class of natural persons to carry out specified functions and activities.
The Director-General may recognise a class of natural persons—
- on the application of any person who the Director-General is reasonably satisfied—
- represents that class of persons; or
- is an appropriate person to make an application on behalf of that class of persons; or
- represents that class of persons; or
- without receiving an application.
Before recognising a class of natural persons, the Director-General must—
- consult the members of the class and the applicant (if any) in accordance with section 112X about the application for recognition of the class; and
- be satisfied that the class is an appropriate class to carry out the permissible functions and activities for which the class is proposed to be recognised.
In determining whether a class is an appropriate class, the Director-General—
- must take into account the following matters:
- whether the class can be defined with appropriate accuracy and specificity; and
- the degree to which members of the class share common characteristics (for example, qualifications, skills, and experience); and
- the degree to which the ordinary qualifications, skills, functions, and activities of members of the class correspond with, and demonstrate adequate competency to carry out, the permissible functions and activities for which the class is proposed to be recognised; and
- whether the class is supervised, regulated, governed, or controlled by or under a professional or regulatory body or system (for example, a disciplinary body or system), or an enactment; and
- whether the class is subject to a code of ethics or standards of professional conduct to which members must adhere; and
- any applicable requirements of this Act; and
- whether the class can be defined with appropriate accuracy and specificity; and
- may take into account any other matters that the Director-General considers relevant.
If the Director-General recognises a class of persons under this section, the Director-General may, if he or she considers on reasonable grounds that it is appropriate to do so, exclude 1 or more members of the class, or categories of members of the class, from the recognised class (see section 110).
Notes
- Section 105: replaced, on , by section 10 of the Animal Products Amendment Act 2012 (2012 No 59).