Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

EXPORT CONTROL ACT 2020 - SECT 132

Direction to cease carrying out export operations--failure to comply with conditions or requirements of this Act etc.

  (1)   The Secretary may give the occupier of a registered establishment a written direction to cease carrying out one or more kinds of export operations in relation to particular prescribed goods, or a kind of prescribed goods, covered by the registration if the Secretary reasonably suspects that:

  (a)   a condition of the registration of the establishment has been contravened, or it is likely that such a condition will be contravened; or

  (b)   the occupier has not complied, or is likely not to comply, with a requirement of this Act; or

  (c)   the integrity of the particular prescribed goods, or the kind of prescribed goods, covered by the registration cannot be ensured, or it is likely that the integrity of the particular prescribed goods, or the kind of prescribed goods, covered by the registration will not be able to be ensured; or

  (d)   the particular prescribed goods, or the kind of prescribed goods, covered by the registration:

  (i)   do not comply, or are not likely to comply, with a requirement of this Act that applies in relation to the goods; or

  (ii)   do not meet, or are not likely to meet, an importing country requirement relating to the goods.

Note 1:   An authorised officer may also give a direction to the occupier of the registered establishment (see section   305).

Note 2:   See also section   309 (general provisions relating to directions).

  (2)   A direction under subsection   (1) must state:

  (a)   the reasons for giving the direction; and

  (b)   the date that the occupier is to cease carrying out the relevant export operations in relation to the particular prescribed goods or kind of prescribed goods (as the case may be); and

  (c)   that the person may commit an offence or be liable to a civil penalty if the person fails to comply with the direction.

Registration taken to have been suspended

  (3)   If a direction is given to the occupier of a registered establishment under subsection   (1) to cease carrying out one or more kinds of export operations in relation to one or more kinds of prescribed goods covered by the registration, the registration of the establishment is taken to have been suspended in relation to those kinds of export operations and those kinds of goods until the direction is revoked.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback