34Ministerial directions—suspension or cancellation of approvals

34 Ministerial directions—suspension or cancellation of approvals

Suspension of approvals (1) If under Division 2 the Minister suspends an approval given to a person under section 27, the Minister may give the person a notice directing the person to: (a) take specified action; or (b) refrain from taking specified action; in relation to either or both of the following: (c) Article 3(1) US Defence Articles or Article 3(3) US Defence Articles in the person’s possession, custody or control at the time the suspension takes effect; (d) technology relating to original goods, being technology in the person’s possession, custody or control at the time the suspension takes effect.

Note: Section 67 deals with giving notices under this Act.

(2) A notice given to a person under subsection (1) comes into force at the time the person receives the notice. (3) A notice given to a person under subsection (1) ceases to be in force once the suspension ceases to have effect. Cancellation of approvals (4) If under Division 2 the Minister cancels an approval given to a person under section 27, the Minister may give the person a notice directing the person to: (a) take specified action; or (b) refrain from taking specified action; in relation to either or both of the following: (c) Article 3(1) US Defence Articles or Article 3(3) US Defence Articles in the person’s possession, custody or control at the time the cancellation takes effect; (d) technology relating to original goods, being technology in the person’s possession, custody or control at the time the cancellation takes effect.

Note: Section 67 deals with giving notices under this Act.

(5) A notice given to a person under subsection (4) comes into force at the time the person receives the notice. (6) The Minister may, by writing, revoke a notice given to a person under subsection (4). (7) The Minister must give the person notice of the revocation. The revocation takes effect at the time the person receives the notice.

Note: Section 67 deals with giving notices under this Act.

Offence (8) A person commits an offence if: (a) a notice given to the person under subsection (1) or (4) is in force; and (b) the person fails to comply with the notice.

Penalty: 12,500 penalty units.

(9) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (8). Notice not a legislative instrument (10) A notice under subsection (1) or (4) is not a legislative instrument.