13Grant or refusal of application for variation

13 Grant or refusal of application for variation

(1) If: (a) the application is or includes an application for the exclusion from the tradex order of goods of a particular kind or description; and (b) the Secretary is satisfied that, if goods of that kind or description are excluded from the order, no disqualifying circumstances will exist in relation to the applicant; the Secretary must grant the application in so far as it is an application for the exclusion of goods of that kind or description. (2) If: (a) the application is or includes an application for the inclusion in the tradex order of goods of a particular kind or description; and (b) the Secretary is satisfied that the core criteria for the making of the application are complied with in respect of some or all of those goods; and (c) the Secretary is satisfied that no disqualifying circumstances exist in relation to the applicant; the Secretary must grant the application in so far as it is an application for the inclusion of goods in respect of which the Secretary is satisfied as mentioned in paragraph (b). (3) The Secretary may refuse the application wholly or partly, except in so far as he or she is required to grant the application under subsection (1) or (2). (4) The Secretary must cause a written notice of his or her decision on the application to be given to the applicant. (5) If a notice under subsection (4) 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.

(6) If the decision is to refuse the application wholly or partly, the notice of the decision given under subsection (4) 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. (7) If the Secretary decides to grant the application wholly or partly, the Secretary must vary the tradex order so as to give effect to the decision. (8) A variation of a tradex order must be in writing signed by the Secretary and comes into force on a date stated in the instrument of variation. (9) If the Secretary varies the tradex order, the Secretary: (a) must cause particulars of the variation to be entered in the Register; and (b) include in the notice given under subsection (4) (in addition to any other matters that may be required under subsection (6) to be included in the notice) particulars of: (i) the kind or description of goods that have been excluded from, or included in, the order; and (ii) the date on which the variation comes into force.