CTHIn ForceAct
Export Control Act 2020
171Grounds for suspension—general
Start here
Get a plain-English read of 171
Turn the raw legal text into a practical explanation grounded in Export Control Act 2020.
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).
(a) specify whether the whole of the approved arrangement is proposed to be suspended, or whether a part of the approved arrangement is proposed to be suspended and, if so, which part; and
(c) subject to subsection (4), request the holder of the approved arrangement to give the Secretary, within 14 days after the day the notice is given, a written statement showing cause why the approved arrangement, or the part of the approved arrangement, should not be suspended as proposed; and
(d) include a statement setting out the holder’s right to seek review of a decision to suspend the approved arrangement, or the part of the approved arrangement, as proposed.
(4) A notice under subsection (2) is not required to include the request referred to in paragraph (3)(c) if the Secretary reasonably believes that the grounds for the suspension are serious and urgent.