12Action by the Secretary if imported food charges or late payment fees are unpaid

12 Action by the Secretary if imported food charges or late payment fees are unpaid

(1) This section applies in relation to a person (the debtor) who is liable to pay an imported food charge or late payment fee that is due and payable. Suspension or revocation of imported food control instruments (2) The Secretary may, by written notice given to the debtor: (a) suspend one or more imported food control instruments of the debtor until the imported food charge or late payment fee is paid; or (b) revoke one or more imported food control instruments of the debtor. (3) The notice given under subsection (2) must set out the reasons for the decision and notice of the debtor’s right to have the decision reviewed. However, a failure to comply with this subsection does not affect the validity of the decision.

Note: For review of the decision, see sections 17 and 19.

(4) Subsection (2) does not limit any other power to suspend or revoke an imported food control instrument of the debtor. Directions by Secretary (5) The Secretary may, orally or in writing, direct a person not to do one or more of the following until the imported food charge or late payment fee is paid: (a) give a food control certificate to the debtor; (b) issue an imported food inspection advice to the debtor; (c) approve under subsection 19(1A) of the Imported Food Control Act 1992 an overseas food processing operation conducted by the debtor; (d) make a determination under subsection 19(2) of that Act that relates to an overseas food processing operation conducted by the debtor; (e) enter into a compliance agreement with the debtor; (f) carry out specified activities, or specified kinds of activities, in relation to the debtor under that Act. (6) If a direction under subsection (5) is given in writing, the direction is not a legislative instrument.