Export Control Act 2020
171Grounds for suspension—general
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171 Grounds for suspension—general
(1) The Secretary may suspend an approved arrangement, or a part of an approved arrangement, if the Secretary reasonably believes any of the following:
(a) the integrity of a kind of prescribed goods covered by the approved arrangement cannot be ensured;
(b) if the holder of the approved arrangement is a kind of person who is required by rules made for the purposes of section 373 to be a fit and proper person for the purposes of this Chapter—the holder is not a fit and proper person;
(c) a requirement referred to in subsection 151(2) is no longer met;
(d) export operations covered by the approved arrangement have not been, or are not being, carried out in accordance with the approved arrangement, or a condition of the approved arrangement has been, or is being, contravened;
(e) circumstances relating to any of the export operations or goods covered by the approved arrangement have changed;
(f) carrying out a kind of export operations in relation to a kind of prescribed goods in accordance with the approved arrangement will no longer ensure:
(ii) that importing country requirements relating to those export operations and goods are met;
(g) export operations have not been carried out for a continuous period of 12 months or more in relation to some or all of the goods covered by the approved arrangement;
(h) the holder of the approved arrangement:
(i) the holder of the approved arrangement has engaged in conduct that:
(j) the holder of the approved arrangement, or a person who manages or controls or carries out export operations covered by the approved arrangement:
(ii) gave false, misleading or incomplete information or documents to the Secretary or to another person performing functions or exercising powers under this Act; or
(iii) gave false, misleading or incomplete information or documents to the Secretary or the Department under a prescribed agriculture law;
(k) the holder of the approved arrangement has contravened a requirement of this Act in relation to the approved arrangement;
(l) a ground prescribed by the rules exists.
Note 1: A suspension must not be for more than 12 months (see section 174).
Note 2: A decision to suspend an approved arrangement, or a part of an approved arrangement, under this section is a reviewable decision (see Part 2 of Chapter 11).
(2) The Secretary must not suspend an approved arrangement, or a part of an approved arrangement, under subsection (1) unless the Secretary has given a written notice to the holder of the approved arrangement in accordance with subsection (3).