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EXPORT CONTROL ACT 2020 - SECT 138

Grounds for revocation--general

  (1)   The Secretary may revoke the registration of an establishment (including an establishment in relation to which a suspension is in effect under Part   5) 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:   A decision to revoke the registration of an establishment under this section is a reviewable decision (see Part   2 of Chapter   11).

Notice of proposed revocation

  (2)   The Secretary must not revoke 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 the grounds for the proposed revocation; and

  (b)   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 revoked; and

  (c)   include a statement setting out the occupier's right to seek review of a decision to revoke the registration.

  (4)   A notice under subsection   (2) is not required to include the request referred to in paragraph   (3)(b) if the Secretary reasonably believes that the grounds for the revocation are serious and urgent.



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