19Revocation of tradex order following notice given to Secretary under section 15 or given by Secretary under section 16

19 Revocation of tradex order following notice given to Secretary under section 15 or given by Secretary under section 16

(1) If: (a) the holder of a tradex order has given a notice to the Secretary under section 15; or (b) a notice is given to the holder of a tradex order under subsection 16(1) and the holder does not satisfy the Secretary, within the period stated in the notice, that the circumstances specified in the notice: (i) do not exist; or (ii) if they exist—are not disqualifying circumstances; the Secretary must revoke the order.

Note: A decision under subsection (1) to revoke a tradex order is reviewable (see section 39).

(1A) If: (a) the Secretary has given the holder of a tradex order a notice under subsection 16(2); and (b) the holder does not satisfy the Secretary, within the period stated in the notice, that the holder intends to export the goods referred to in the notice; the Secretary may revoke the tradex order.

Note: A decision under subsection (1A) to revoke a tradex order is reviewable (see section 39).

(2) The revocation of a tradex order under this section must be in writing signed by the Secretary and comes into force on a date stated in the instrument of revocation. (3) The Secretary must cause a written notice of his or her decision to revoke the order to be given to the holder of the order. (4) The notice of the decision must: (a) state the day on which the revocation comes into force; and (b) set out the Secretary’s findings on material questions of fact; and (c) refer to the evidence or other material on which those findings were based; and (d) give the reasons for the decision. (5) If a tradex order is revoked under this section, the Secretary must cause to be entered in the Register a statement that the order has been revoked and the date on which the revocation comes into force.