9‑36 Revocation of container approval9‑36 Revocation of container approval

9‑36 Revocation of container approval

Grounds for revocation (1) The Secretary may revoke a container approval if: (a) the Secretary reasonably believes that the requirements in subsection 9‑31(1) or (3) (as applicable) are not continuing to be met in relation to the container; or (b) a species of the genus Trogoderma is detected in or on the container. (2) For the purposes of deciding whether to revoke a container approval, the Secretary may do any of the following: (a) carry out an inspection of the container; (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 container, to provide those facilities or that assistance. Notice of revocation (3) If the Secretary revokes a container 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 container; and (b) if the container 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 container—the occupier of the establishment or another person who manages or controls export operations at the establishment. (4) A notice revoking a container 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 container 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.

Chapter 10—Compliance and enforcement