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Export Control Act 2020
128Grounds for suspension—overdue relevant Commonwealth liability
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128 Grounds for suspension—overdue relevant Commonwealth liability
(1) The Secretary may suspend the registration of an establishment in relation to all kinds of export operations and all kinds of prescribed goods if:
(a) a relevant Commonwealth liability of the occupier of the establishment, or relating to the establishment, is more than 30 days overdue; and
(b) the Secretary has given a written notice to the person (the debtor) who is liable to pay the relevant Commonwealth liability in accordance with subsection (2); and
Note 1: A suspension must not be for more than 12 months (see section 130).
Note 2: A decision to suspend the registration of an establishment under this section is a reviewable decision (see Part 2 of Chapter 11).
Note 3: If the Secretary suspends the registration of the establishment under this section, the Secretary may revoke the registration of the establishment in certain circumstances (see section 139).
(a) state that a relevant Commonwealth liability of the debtor in relation to a registered establishment is more than 30 days overdue; and
(b) state that the Secretary may suspend the registration of the establishment in relation to all kinds of export operations and all kinds of prescribed goods if, within 8 days after the notice is given:
(c) include a statement setting out the debtor’s right to seek review of a decision to suspend the registration of the establishment.
(3) If the Secretary suspends the registration of an establishment under subsection (1), the Secretary may refuse to carry out, or direct a person not to carry out, specified activities or kinds of activities in relation to the debtor under this Act until the relevant Commonwealth liability has been paid.
(4) Action by the Secretary under this section does not affect the liability of the debtor to pay the relevant Commonwealth liability.