Commonwealth Consolidated Acts

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EXPORT CONTROL ACT 2020 - SECT 75

Revocation of government certificate

  (1)   The issuing body that issued a government certificate in relation to a kind of goods, or the Secretary, may revoke the certificate if the issuing body or the Secretary (as the case may be) reasonably believes any of the following:

  (a)   information specified in the certificate is incorrect;

  (b)   this Act has not been, is not being or will not be complied with in relation to the goods;

  (c)   an importing country requirement relating to the goods will not be, or is not likely to be, met;

  (d)   the integrity of the goods cannot be ensured;

  (e)   the holder of the certificate 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;

  (f)   the holder of the certificate:

  (i)   made a false, misleading or incomplete statement in the application for the certificate; or

  (ii)   gave false, misleading or incomplete information or documents to the issuing body 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;

  (g)   the certificate has not, or is not being, kept securely as required by rules made for the purposes of section   408;

  (h)   circumstances prescribed by the rules exist.

Note:   A government certificate that has been issued in relation to a kind of goods is taken to have been revoked if a temporary prohibition determination applies in relation to the goods (see subsection   26(1)).

  (2)   If a government certificate is revoked by the issuing body or the Secretary under subsection   (1), the issuing body or the Secretary must notify the holder of the certificate, in writing, of the revocation.



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