9‑41 Secretary may suspend approved expo9‑41 Secretary may suspend approved export program

9‑41 Secretary may suspend approved export program

(1) The Secretary may, by written notice to the holder of an approved export program, suspend the whole or a part of the approved export program if the Secretary is satisfied that the suspension 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.

Note 1: An approved export program, or a part of an approved export program, that is suspended is not in force during the period of the suspension (see subsection 9‑35(2)).

Note 2: A decision to suspend an approved export program, or a part of an approved export program, is a reviewable decision (see section 11‑1 of this instrument and Part 2 of Chapter 11 of the Act). The notice under subsection (1) of this section must also include the reasons for the decision (see subsection 382(1) of the Act).

(2) For the purposes of subsection (1), 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. (3) A period of suspension must not exceed 12 months. (4) The notice under subsection (1) must: (a) state that the whole or a part of an approved export program is to be suspended; and (b) 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 (c) set out the reasons for the suspension; and (d) specify the date the suspension is to take effect and the period of the suspension; and (e) set out the holder’s right to apply for review of the decision. (5) The Secretary may, under section 9‑43, revoke an approved export program that is suspended, or a part of which is suspended: (a) even if the period of the suspension has not expired; and (b) on grounds that are the same as, or similar to, the grounds for the suspension.