54Grounds for revocation—general

54 Grounds for revocation—general

(1) The Minister may revoke an export licence (including a licence that is suspended wholly or in part under Part 7) if the Minister reasonably believes any of the following: (a) a condition of the licence has been, or is being, contravened; (b) the holder of the licence has contravened a requirement of this Act in relation to the licence; (c) it is necessary to revoke the licence to prevent or lessen a threat to human or environmental health; (d) the holder of the licence is not a fit and proper person; (e) the holder of the licence: (i) failed to comply with a direction given to the holder by an authorised officer or the Minister; or (ii) failed to comply with a request by an authorised officer to provide information or a document; or (iii) failed to provide facilities and assistance to an auditor as required by section 115; or (iv) failed to comply with a request made by an auditor under section 113; (f) the holder of the licence: (i) intimidated a person performing functions or exercising powers under this Act; or (ii) hindered a person, or prevented a person from, performing functions or exercising powers under this Act; (g) the holder of the licence or any other person who participates in the management or control of the holder’s export business (as provided by section 62): (i) made a false or misleading statement in an application under this Act; or (ii) gave false or misleading information or documents to a person performing functions or exercising powers under this Act; or (iii) gave false or misleading information or documents to a person under a prescribed law; (h) the holder of the licence is or was an associate of a person referred to in paragraph 63(1)(a), (b), (c) or (d); (i) a ground prescribed by the rules exists.

Note 1: The Minister must have regard to the matters in section 175 in considering whether the holder is a fit and proper person for the purposes of paragraph (d).

Note 2: A decision to revoke an export licence under this section is a reviewable decision (see section 151) and the Minister must give the former holder of the licence written notice of the decision (see section 152).

Notice of proposed revocation (2) The Minister must not revoke an export licence under this section unless the Minister has given a written notice to the holder of the licence in accordance with subsection (3). (3) The notice must: (a) specify the grounds for the proposed revocation; and (b) subject to subsection (4), request the holder of the export licence to give the Minister, within 14 days after the day the notice is given, a written statement showing cause why the licence should not be revoked; and (c) include a statement setting out the holder’s right to seek review of a decision to revoke the licence. (4) The notice is not required to include the request referred to in paragraph (3)(b) if the Minister reasonably believes that the revocation is necessary to prevent or lessen a serious and imminent threat to human or environmental health.