10Cessation of declaration of the industry services body or the industry export control body

10 Cessation of declaration of the industry services body or the industry export control body

(1) The Minister may declare: (a) that the body that is the industry services body ceases to be the industry services body; or (b) that the body that is the industry export control body ceases to be the industry export control body; if the Minister has grounds, under subsection (2), for making the declaration. The declaration must be by notice in writing. (2) The Minister has grounds for making the declaration if: (a) the body gives the Minister a written request that the declaration be made; or (b) the Minister has reasonable grounds to believe that the body has engaged in actionable conduct; or (c) the Minister has reasonable grounds to believe that: (i) the body’s constitution is no longer appropriate for a body performing the functions of the industry services body; or (ii) the body has failed to comply with its constitution; or (d) an administrator of the body is appointed; or (e) the body commences to be wound up or ceases to carry on business; or (f) a receiver, or a receiver and manager, of property of the body is appointed, whether by a court or otherwise; or (g) the body enters into a compromise or arrangement with its creditors or a class of them; or (h) the following circumstances exist: (i) the Secretary gave the body a written notice requesting its consent to a proposed variation under section 13 of the deed of agreement in relation to the body; (ii) the body did not give its written consent to the variation within the period of 3 months after the day the notice was given, or such longer period as was specified in the notice; (iii) the Minister considers that without the proposed variation being made, it would not be appropriate for the body to perform the functions of the industry services body or the industry export control body.

Note: For the meanings of actionable conduct and deed of agreement, see section 4.

(3) The notice under subsection (1) must specify the day on which the body is to cease to be the industry services body. That day must not be earlier than the day after the day, or the later of the days (as the case may be), that paragraph (5)(a) is complied with. (4) The declaration has effect accordingly. (5) The Minister must cause a copy of each declaration under this section to be: (a) laid before each House of the Parliament or, if a House is not sitting, presented to the Presiding Officer of that House for circulation to the members of that House, within 5 sitting days after the declaration is made; and (b) published in the Gazette within 14 days after the declaration is made. (5A) For the purposes of subsection (5), if a House has been dissolved and the newly‑elected House has not met when a declaration is provided to the Presiding Officer, circulation to the persons who were members of that House immediately before the dissolution is taken to be circulation to the members of the House. (5B) To avoid doubt, the function of a Presiding Officer of receiving and circulating a declaration under subsection (5) is a function of the Presiding Officer for the purposes of the Parliamentary Presiding Officers Act 1965. (6) The declaration is not invalid merely because it has not been published as required under subsection (5).