Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Secretary may suspend the registration of an establishment in relation to one or more kinds of export operations and one or more kinds of prescribed goods and, if applicable, one or more places to which goods may be exported if the Secretary reasonably believes any of the following:
(a) the integrity of a kind of prescribed goods covered by the registration cannot be ensured;
(b) the occupier of the establishment is not a fit and proper person (having regard to the matters referred to in section 372);
(c) a requirement referred to in subsection 112(2) is no longer met;
(d) a condition of the registration has been, or is being, contravened;
(e) the condition of, or the equipment or facilities in, the establishment has changed;
(f) there has been a change to the suitability of the establishment for the export operations covered by the registration;
(g) the occupier of the establishment:
(i) failed to comply with a direction given to the occupier by an authorised officer or the Secretary; or
(ii) failed to comply with a request by an authorised officer to provide information or a document; or
(iii) failed to provide facilities and assistance to an auditor as required by section 271; or
(iv) failed to comply with a request made by an auditor under section 272;
(h) the occupier of the establishment has engaged in conduct that:
(i) intimidated a person performing functions or exercising powers under this Act; or
(ii) hindered or prevented a person from performing functions or exercising powers under this Act;
(i) the occupier of the establishment or any other person who manages or controls export operations carried out at the establishment:
(i) made a false, misleading or incomplete statement in an application under this Chapter; or
(ii) gave false, misleading or incomplete information or documents to the Secretary or to another person performing functions or exercising powers under this Act; or
(iii) gave false, misleading or incomplete information or documents to the Secretary or the Department under a prescribed agriculture law;
(j) the occupier of the establishment has contravened a requirement of this Act in relation to the registration of the establishment;
(k) a ground prescribed by the rules exists.
Note 1: A suspension must not be for more than 12 months (see section 130).
Note 2: A decision to suspend the registration of an establishment under this section is a reviewable decision (see Part 2 of Chapter 11).
Notice of proposed suspension
(2) The Secretary must not suspend the registration of an establishment under subsection (1) unless the Secretary has given a written notice to the occupier of the establishment in accordance with subsection (3).
(3) A notice under subsection (2) must:
(a) specify each kind of export operations and each kind of prescribed goods and, if applicable, each place in relation to which the registration is proposed to be suspended; and
(b) specify the grounds for the proposed suspension; and
(c) subject to subsection (4), request the occupier of the registered establishment to give the Secretary, within 14 days after the day the notice is given, a written statement showing cause why the registration should not be suspended as proposed; and
(d) include a statement setting out the occupier's right to seek review of a decision to suspend the registration as proposed.
(4) A notice under subsection (2) is not required to include the request referred to in paragraph (3)(c) if the Secretary reasonably believes that the grounds for the suspension are serious and urgent.