9‑39 Holder may request suspension of ap9‑39 Holder may request suspension of approved export program

9‑39 Holder may request suspension of approved export program

Request for suspension (1) The holder of an approved export program may request the Secretary to suspend the whole or a part of the approved export program. (2) A request under subsection (1) must: (a) be in writing; and (b) specify whether the whole or a part of the approved export program is to be suspended; and (c) if a part of the approved export program is to be suspended—specify (as the case requires): (i) the part of the approved export program that is to be suspended; or (ii) the export operations that are to be suspended; or (iii) any other aspects in relation to which the approved export program is to be suspended (for example, in relation to the kinds or classes of livestock, the countries to which the livestock are to be exported, or the methods of transport of the livestock); and (d) specify the reason for the suspension. Decision on request (3) If the Secretary receives a request from the holder of an approved export program under subsection (1), the Secretary must decide: (a) to suspend the whole or the part of the approved export program as requested; or (b) to refuse to suspend the whole or the part of the approved export program as requested.

Note: A decision to refuse to suspend the whole or the part of the approved export program is a reviewable decision (see section 11‑1 of this instrument and Part 2 of Chapter 11 of the Act) and the Secretary must give the applicant written notice of the decision (see section 382 of the Act).

Request for further information or documents (4) For the purpose of making a decision in relation to a request from the holder of an approved export program under subsection (1), the Secretary may request the holder, or another person who the Secretary considers may have information or documents relevant to the application, to give the Secretary further specified information or documents relevant to the holder’s request. (5) A request by the Secretary under subsection (4): (a) may be made orally or in writing; and (b) must specify the period within which the request must be complied with. Grounds for refusing request (6) The Secretary may refuse to suspend the whole or the part of the approved export program, as requested under subsection (1), if the Secretary is satisfied the refusal is necessary for the purpose of ensuring the health or welfare of a kind or class of livestock in the course of export operations to which the approved export program relates. (7) For the purposes of subsection (6), the Secretary may have regard to whether the approved export program complies with the Australian Standards for the Export of Livestock in relation to the livestock to which the approved export program relates. Notice of suspension (8) If the Secretary suspends the whole or the part of the approved export program, as requested under subsection (1), the Secretary must give the holder written notice of the suspension. The suspension takes effect on: (a) the day specified in the notice; or (b) if no day is specified in the notice—the day the notice is given to the holder.