Part 5
Administrative matters
Accreditation of requestors
112Decision by chief executive
The chief executive must—
- have regard to the matters specified in the regulations (if any) before making a decision; and
- otherwise make the decision in the manner prescribed in the regulations (if any).
The chief executive may accredit an applicant if the chief executive is satisfied that—
- the application meets the requirements of section 109; and
- they know who the applicant is under section 111; and
- the applicant has adequate security safeguards in relation to data that may be provided to them under this Act; and
- the applicant is capable of effectively complying with its obligations under this Act and there is no reason to believe that the applicant is likely to contravene those obligations; and
- the applicant meets the criteria or other requirements prescribed by the regulations (if any); and
- the applicant’s directors, senior managers, proposed directors, and proposed senior managers are of good character and otherwise meet the criteria or other requirements prescribed by the regulations (if any); and
- if section 49 will apply to the applicant, the applicant is, or will be, a member of a dispute resolution scheme for the purposes of that section on and from commencing to act as an accredited requestor.
The chief executive may grant the application—
- in full or in part; and
- on the terms and conditions that they think fit, including—
- specifying the date of expiry of the accreditation; and
- specifying the class or classes of accreditation; and
- imposing conditions relating to the matters, criteria, and requirements referred to in subsection (1)(a) and (2)(c) to (g) (for example, to ensure that the criteria or requirements continue to be satisfied and to require verification that those criteria and requirements continue to be satisfied).
- specifying the date of expiry of the accreditation; and
Those terms and conditions may be more limited or restrictive than those requested in the application (for example, more restrictive as to the classes of accreditation that are granted).