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TRADEX SCHEME ACT 1999 - SECT 19

Revocation of tradex order following notice given to Secretary under section 15 or given by Secretary under section 16

  (1)   If:

  (a)   the holder of a tradex order has given a notice to the Secretary under section   15; or

  (b)   a notice is given to the holder of a tradex order under subsection   16(1) and the holder does not satisfy the Secretary, within the period stated in the notice, that the circumstances specified in the notice:

  (i)   do not exist; or

  (ii)   if they exist--are not disqualifying circumstances;

the Secretary must revoke the order.

Note:   A decision under subsection   (1) to revoke a tradex order is reviewable (see section   39).

  (1A)   If:

  (a)   the Secretary has given the holder of a tradex order a notice under subsection   16(2); and

  (b)   the holder does not satisfy the Secretary, within the period stated in the notice, that the holder intends to export the goods referred to in the notice;

the Secretary may revoke the tradex order.

Note:   A decision under subsection   (1A) to revoke a tradex order is reviewable (see section   39).

  (2)   The revocation of a tradex order under this section must be in writing signed by the Secretary and comes into force on a date stated in the instrument of revocation.

  (3)   The Secretary must cause a written notice of his or her decision to revoke the order to be given to the holder of the order.

  (4)   The notice of the decision must:

  (a)   state the day on which the revocation comes into force; and

  (b)   set out the Secretary's findings on material questions of fact; and

  (c)   refer to the evidence or other material on which those findings were based; and

  (d)   give the reasons for the decision.

  (5)   If a tradex order is revoked under this section, the Secretary must cause to be entered in the Register a statement that the order has been revoked and the date on which the revocation comes into force.



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