9‑27 Suspension of bulk vessel approval9‑27 Suspension of bulk vessel approval

9‑27 Suspension of bulk vessel approval

Grounds for suspension (1) The Secretary may suspend a bulk vessel approval if: (a) the Secretary reasonably believes that a marine surveyor’s certificate for the vessel: (i) was not issued by an accredited marine surveyor; or (ii) was obtained fraudulently; or (b) the Secretary reasonably believes that the requirements in paragraph 9‑23(1)(a) or (b) are not continuing to be met in relation to the vessel; or (c) a species of the genus Trogoderma is detected in or on the vessel. (2) For the purposes of deciding whether to suspend a bulk vessel approval, the Secretary may do any of the following: (a) carry out an inspection of the bulk vessel; (aa) make a video recording of an inspection carried out under paragraph (a); (b) request a person who the Secretary reasonably believes has information or documents that are relevant to the Secretary’s decision, to answer questions, provide information in writing or produce the documents; (c) request a person who the Secretary considers may be able to provide facilities or assistance to the Secretary in carrying out an inspection of the vessel, to provide those facilities or that assistance.

Note: A third party authorised officer who carries out an inspection of a bulk vessel under paragraph (a) of this subsection, as delegate of the Secretary, must make a video recording of the inspection (see section 9‑19A).

Notice of suspension (3) If the Secretary suspends a bulk vessel approval, the Secretary must, as soon as practicable after suspending the approval, notify the following persons of the suspension and the reasons for the suspension: (a) a person responsible for the bulk vessel; (b) if the bulk vessel is at a registered establishment and the occupier of the establishment, or another person who manages or controls export operations at the establishment, is not a person responsible for the bulk vessel—the occupier of the establishment or another person who manages or controls export operations at the establishment. (4) If the Secretary notifies a person orally under subsection (3), the Secretary must, as soon as practicable after notifying the person, also notify the person in writing. Period of effect of suspension (5) A suspension of a bulk vessel approval: (a) takes effect when notification of the suspension is given under subsection (3); and (b) remains in effect unless: (i) it is revoked under section 9‑28; or (ii) the bulk vessel approval is revoked under section 9‑29. Suspension by authorised officer (6) If, as delegate of the Secretary, an authorised officer suspends a bulk vessel approval under subsection (1), the authorised officer must, as soon as practicable after suspending the approval and in addition to the requirement in subsection (3), give written notice of the suspension to the Secretary.