20Issue of export certificate

20 Issue of export certificate

(1) If a licensee applies in accordance with section 18 for a certificate for the export of a consignment of a grape product by the licensee, the Authority must: (a) issue the export certificate to the licensee in writing; or (b) refuse to issue the export certificate; before the day on which the consignment is to be exported. (2) The Authority may issue the export certificate to the licensee if the Authority is satisfied that: (a) the grape product is approved under section 14 for export by the licensee; and (b) if there are conditions on the approval—the export would comply with the conditions; and (ba) each grape product label for use in the consignment is a label a digital colour image of which: (i) the licensee or another licensee has provided to the Authority under section 17A; or (ii) is in the Label Directory; and (c) if the Authority makes a request for information under section 19 in relation to a requirement—the description and presentation of the grape product meets the requirement; and (d) if the Authority has given a direction to the licensee under section 22—the export would comply with the direction. (2A) Paragraph (2)(ba) does not apply to the consignment to the extent that it consists of a grape product for export in one or more containers, where the volume of each container exceeds 20 litres. (3) In deciding whether to issue the export certificate, the Authority may have regard to the person to whom the product will be consigned in the country to which the grape product is to be exported. (4) The Authority must refuse to issue the export certificate if: (a) the Authority reasonably believes that the grape product cannot lawfully be sold in the country to which it is to be exported; or (b) the licensee fails to comply with a request under section 19 in relation to the consignment. (5) The Authority may specify in the export certificate conditions on the validity of the certificate. If the Authority specifies conditions, the Authority must give the licensee written reasons for doing so. (6) If the Authority refuses to issue the export certificate, the Authority must notify the licensee in writing of its decision and state in the notice the reasons for the decision.