Export Control (Plants and Plant Products) Rules 2021
9‑29 Revocation of bulk vessel approval9‑29 Revocation of bulk vessel approval
Start here
Get a plain-English read of 9‑29 Revocation of bulk vessel approval
Turn the raw legal text into a practical explanation grounded in Export Control (Plants and Plant Products) Rules 2021.
9‑29 Revocation of bulk vessel approval
Grounds for revocation (1) The Secretary may revoke a bulk vessel approval if: (a) a person responsible for the bulk vessel fails to provide facilities or assistance to the Secretary for the purposes of an inspection of the vessel; or (b) 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 (c) 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 (d) a species of the genus Trogoderma is detected in or on the vessel. (2) For the purposes of deciding whether to revoke 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 revocation (3) If the Secretary revokes a bulk vessel approval, the Secretary must, as soon as practicable after revoking the approval, give written notice of the revocation to: (a) a person responsible for the bulk vessel; and (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) A notice revoking a bulk vessel approval must state: (a) the reasons for the revocation; and (b) the date the revocation is to take effect. Revocation by authorised officer (5) If, as delegate of the Secretary, an authorised officer revokes a bulk vessel approval under subsection (1), the authorised officer must, as soon as practicable after revoking the approval and in addition to the requirement in subsection (3), give written notice of the revocation to the Secretary.