17Variation, suspension or termination of approval

17 Variation, suspension or termination of approval

(1) For the purposes of section 126AQE of the Act, the Comptroller‑General of Customs may, in writing, vary, suspend or terminate an entity’s approval as an approved exporter if the Comptroller‑General is satisfied that: (a) the entity no longer meets the eligibility criteria under section 14 of this instrument; or (b) the entity has not complied, or is not complying, with any condition of the entity’s approval. (2) Without limiting subsection (1), a variation of an approval may involve imposing new conditions on the approval or varying or removing existing conditions. Process for making decision (3) Before making a decision under subsection (1), the Comptroller‑General of Customs must give the entity notice in writing: (a) stating the decision the Comptroller‑General is considering making; and (b) stating the reasons why the Comptroller‑General is considering making the decision; and (c) inviting the entity to make written submissions to the Comptroller‑General within the period specified in the notice (which must be a period of at least 10 business days starting on the day on which the notice is given). (4) In deciding whether to make a decision under subsection (1), the Comptroller‑General must consider any submissions received from the entity within the period specified in the notice. (5) Subsection (4) does not limit the matters the Comptroller‑General may consider in deciding whether to make a decision under subsection (1). Notice of decisions (6) The Comptroller‑General must give notice of a variation, suspension or termination to the entity. (7) The notice must specify the day the variation, suspension or termination takes effect (which must not be before the day after the notice is given to the entity). (8) The Comptroller‑General must give the entity notice in writing of any decision not to vary, suspend or terminate the entity’s approval as an approved exporter. Consequences of suspension (9) An approval has no effect while suspended, but the period for which it remains in force continues to run despite the suspension. (10) The Comptroller‑General of Customs may, under subsection (1), vary or terminate an approval while it is suspended. Revocation of suspension (11) The Comptroller‑General of Customs may, in writing, revoke a suspension under subsection (1). (12) The Comptroller‑General must give notice of the revocation of the suspension to the entity. The notice must specify the day the revocation takes effect. Review (13) An application may be made to the Administrative Review Tribunal for review of a decision to vary, suspend or terminate an entity’s approval as an approved exporter.