22Immediate suspension

22 Immediate suspension

Application of this section

(1) This section applies if the Comptroller‑General of Customs proposes to make a decision to suspend, with immediate effect, an entity’s trusted trader agreement

under subsection 178A(1) of the Act because the Comptroller‑General reasonably believes that the entity has not complied, or is not complying, with:

(a) a condition prescribed by this instrument; or

(b) any term or condition specified in the agreement.

Criterion for immediate suspension

(2) In deciding whether to suspend the agreement with immediate effect, the Comptroller‑General of Customs must consider whether the entity’s non‑compliance referred to in subsection (1) presents an immediate serious risk to any of the following:

(a) the Commonwealth;

(b) the security of the entity’s international supply chain;

(c) the objectives or the administration of the Australian Trusted Trader Programme.

Notice of immediate suspension

(3) If the Comptroller‑General of Customs makes a decision to suspend the agreement with immediate effect, the Comptroller‑General of Customs must give the entity a written notice of the decision that:

(a) states that the agreement is suspended with immediate effect; and

(b) states the reasons for the suspension; and

(c) states the period of the suspension, and the effect of subsections (5) and (6); and

(d) includes a summary of the effect of section 178A of the Act and of this section.

Note: A decision to suspend a trusted trader agreement is reviewable by the Administrative Appeals Tribunal (see paragraph 273GA(1)(je) of the Act). The notice under this subsection must also include information about review by the Administrative Appeals Tribunal of the decision to suspend the agreement (see section 273K of the Act).

(4) The notice may be accompanied by a show cause notice under subsection 21(2).

Period and effect of immediate suspension

(5) During the period of suspension:

(a) the agreement remains in force, and the entity must continue to comply with any requirements or conditions in relation to the agreement under the Act, this instrument or the agreement; but

(b) the benefits received by the entity in accordance with the agreement are not in effect.

(6) The agreement is suspended for the period beginning on the day the decision to suspend the agreement is made, and ending on the earliest of the following days:

(a) the day after the end of the period stated in the notice under paragraph (3)(c);