6‑42 Secretary may revoke approved ESCAS6‑42 Secretary may revoke approved ESCAS

6‑42 Secretary may revoke approved ESCAS

(1) The Secretary may revoke an approved ESCAS if: (a) the Secretary is not satisfied that livestock to which the approved ESCAS apply will be dealt with in accordance with the approved ESCAS; or (b) the holder of the approved ESCAS has not complied with any conditions of the approved ESCAS or the holder’s livestock export licence; or (c) the Secretary considers the ESCAS needs to be revoked for any other reason.

Note: A decision to revoke an approved ESCAS is a reviewable decision (see section 11‑1 of this instrument and Part 2 of Chapter 11 of the Act).

Notice of proposed revocation (2) The Secretary must not revoke an approved ESCAS under subsection (1) unless the Secretary has given a written notice to the holder of the approved ESCAS in accordance with subsection (3). (3) A notice under subsection (2) must: (a) state that the Secretary proposes to revoke the approval of the ESCAS; and (b) specify the grounds for the proposed revocation; and (c) specify the date the proposed revocation is to take effect; and (d) subject to subsection (4), request the holder of the approved ESCAS to give to the Secretary within 14 days after the day the notice is given, or within such longer period specified in the notice, a written statement showing cause why the approved ESCAS should not be revoked; and (e) include a statement setting out the holder’s right to seek review of a decision to revoke the approved ESCAS; and (f) if the notice includes the request referred to in paragraph (d)—state that the proposed revocation will take effect on the date specified under paragraph (c) if the Secretary does not receive a response to the request within: (i) 14 days after the notice is given; or (ii) if the notice specifies a longer period—that longer period. (4) A notice under subsection (2) is not required to include the request referred to in paragraph (3)(d) if the Secretary reasonably believes that the grounds for the revocation are serious and urgent.