11Making of tradex order

11 Making of tradex order

(1) Subject to subsection (2), if the Secretary is satisfied that: (a) the core criteria for the making of the application are complied with in respect of some or all of the nominated goods; and (b) the applicant is not ineligible to apply for the tradex order; and (c) the applicant has not given to the Secretary or to an authorised officer for the purposes of this Act any information or document that: (i) if the applicant is an individual or body corporate—the applicant knew, or ought to have known, to be false or misleading in a material particular; or (ii) if the applicant is a partnership—any of the partners knew, or ought to have known, to be false or misleading in a material particular; and (d) the applicant has not failed to pay tradex duty in accordance with section 21 in respect of nominated goods in relation to another tradex order that is or has been held by the applicant; the Secretary must make an order specifying the nominated goods in respect of which the Secretary is satisfied as mentioned in paragraph (a). (2) The Secretary may refuse the application, wholly or partly, except in so far as he or she is required to make a tradex order in respect of the application under subsection (1). (3) The Secretary must cause a written notice of his or her decision on the application to be given to the applicant. (4) If a notice under subsection (3) has not been received by the applicant within 40 days after the day on which the application was lodged, the Secretary is taken to have refused the application.

Note: For the right to have a decision refusing the application reconsidered, see section 39.

(5) If the decision is to refuse the application wholly or partly, the notice of the decision given under subsection (3) must: (a) set out the Secretary’s findings on material questions of fact; and (b) refer to the evidence or other material on which those findings were based; and (c) give the reasons for the decision. (6) A tradex order must be in writing signed by the Secretary and comes into force on a date stated in the order. (7) When the Secretary makes a tradex order, the Secretary must: (a) cause a distinguishing number (the tradex number) to be allocated to the order; and (b) cause particulars of the order and the tradex number to be entered in the Register; and (c) include in the notice of the decision given under subsection (3) (in addition to any other matters that may be required under subsection (5) to be included in the notice) particulars of: (i) the tradex number allocated to the order; and (ii) the date on which the order comes into force; and (iii) the nominated goods to which the order applies.