Grounds for suspension or revocationGrounds for suspension or revocation

Grounds for suspension or revocation

21.1 The Secretary may give the occupier written notice suspending or revoking the approval of an arrangement if the registration of the establishment is revoked or the Secretary has reasonable grounds to believe that:

(a) a requirement of any of the following is not complied with by the occupier:

(i) these Orders;

(ii) the occupier’s approved arrangement or a condition of that arrangement (including an importing country requirement identified in that arrangement); or

(b) compliance with the controls specified in the approved arrangement is unreliable or not effective in ensuring that the matters specified in subparagraphs 14.1 (b) (i), 14.1 (b) (ii) or 14.1 (b) (iii) of this Schedule are met; or

(c) the occupier has, in an application or other document given to the Secretary or in a document or information that must under a requirement these Orders or the occupier’s approved arrangement or a condition of that arrangement be made or given, made a statement:

(i) that is false, misleading, or incomplete; or

(ii) for which there is no sound basis for making the statement; or

(d) the occupier fails to provide the assistance referred to in order 60; or

(e) the occupier fails to make available to an authorized officer a document that, under a requirement of these Orders or the occupier’s approved arrangement or a condition of that arrangement, the occupier is required to retain; or

(f) a person designated in the approved arrangement as a person who may make a declaration referred to in paragraph 6.1 (g) or 6.1 (h) of Schedule 8 or paragraph 3.1 (a) of Schedule 9 is not, or ceases to be, a fit and proper person having regard to the matters specified in section 4.05 of the Export Control (Prescribed Goods — General) Order 2005.

Note 1 For penal provisions relating to requirements to give information or documents to an authorized officer or the Secretary see Part III, Division 7 of the Act.

Note 2 For requirements to retain documents see clause 10 of this Schedule.

Note 3 For the requirement to notify the Secretary of changes to persons who manage or control etc see Division 4.4 of Part 4 of the Export Control (Prescribed Goods — General) Order 2005.

Note 4 For further grounds where the approved arrangement covers the issue of an export permit see subclauses 15.3 and 15.5 of Schedule 9.

21.2 The suspension or revocation of the approval of the arrangement may be:

(a) in full; or

(b) in part, in respect of: