Document ID: chunk:federal_register_of_legislation:C2025C00022:section:90:p1
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 90 (pt 1/2)
Character Range: 181585–184314

90  Secretary may make variations in relation to accreditation
 (1) The Secretary may do any of the following in relation to the accreditation of a property:
 (a) vary any aspect of the accreditation, including so that it does not cover:
 (i) a kind of export operations; or
 (ii) a kind of prescribed goods; or
 (iii) if applicable, a place to which goods may be exported;
 (b) vary the conditions of the accreditation (including by imposing new conditions);
 (c) if there is no expiry date for the accreditation—vary the accreditation by setting an expiry date for the accreditation;
 (d) if there is an expiry date for the accreditation (whether under paragraph 82(4)(a) or (b))—vary the accreditation by setting a different expiry date for the accreditation;
 (e) if there is an expiry date for the accreditation under paragraph 82(4)(b)—vary the accreditation by revoking that expiry date.
Note 1: If the Secretary revokes the expiry date for the accreditation under paragraph (e), the accreditation will remain in force:
(a) if rules made for the purposes of subsection 82(5) apply in relation to the accreditation—for the period prescribed by the rules; or
(b) if there are no such rules—indefinitely (unless it is revoked).
Note 2: Certain decisions under subsection (1) are reviewable decisions (see Part 2 of Chapter 11).
 (2) The Secretary may make a variation in relation to the accreditation of a property under paragraph (1)(a), (b) or (c), or set an earlier expiry date for the accreditation under paragraph (1)(d), only if the Secretary reasonably believes that:
 (a) the requirements prescribed by rules made for the purposes of paragraph 79(2)(b) are no longer being met; or
 (b) a condition of the accreditation has been, or is being, contravened; or
 (c) it is necessary to do so:
 (i) to take account of an event notified under section 108; or
 (ii) to correct a minor or technical error; or
 (d) the accreditation needs to be varied for any other reason prescribed by the rules.

Notice of certain proposed variations
 (3) The Secretary must not make a variation in relation to the accreditation of a property under paragraph (1)(a), (b) or (c), or set an earlier expiry date for the accreditation under paragraph (1)(d), unless the Secretary has given a written notice to the manager of the property in accordance with subsection (4).
 (4) A notice under subsection (3) must:
 (a) specify each proposed variation; and
 (b) specify the grounds for each proposed variation; and
 (c) subject to subsection (5), request the manager of the property to give the Secretary, within 14 days after the day the notice is given, a written statement showing cause why the proposed variation should not be made; and
 (d)