Document ID: chunk:federal_register_of_legislation:F2024C00422:reg:2:p93
Version: federal_register_of_legislation:F2024C00422
Segment Type: reg
Provision Reference: reg 2 (pt 93/102)
Character Range: 285550–288240

9‑38  When approved export program includes a variation
  An approved export program under this Division includes a variation of the approved export program if:
 (a) the variation was approved under paragraph 9‑36(2)(a); or
 (b) the variation was required by a notice given under subsection 9‑37(1) and the Secretary approved the varied approved export program under subsection 9‑37(5).

Subdivision C—Suspension of approved export program

9‑39  Holder may request suspension of approved export program

Request for suspension
 (1) The holder of an approved export program may request the Secretary to suspend the whole or a part of the approved export program.
 (2) A request under subsection (1) must:
 (a) be in writing; and
 (b) specify whether the whole or a part of the approved export program is to be suspended; and
 (c) if a part of the approved export program is to be suspended—specify (as the case requires):
 (i) the part of the approved export program that is to be suspended; or
 (ii) the export operations that are to be suspended; or
 (iii) any other aspects in relation to which the approved export program is to be suspended (for example, in relation to the kinds or classes of livestock, the countries to which the livestock are to be exported, or the methods of transport of the livestock); and
 (d) specify the reason for the suspension.

Decision on request
 (3) If the Secretary receives a request from the holder of an approved export program under subsection (1), the Secretary must decide:
 (a) to suspend the whole or the part of the approved export program as requested; or
 (b) to refuse to suspend the whole or the part of the approved export program as requested.
Note: A decision to refuse to suspend the whole or the part of the approved export program is a reviewable decision (see section 11‑1 of this instrument and Part 2 of Chapter 11 of the Act) and the Secretary must give the applicant written notice of the decision (see section 382 of the Act).

Request for further information or documents
 (4) For the purpose of making a decision in relation to a request from the holder of an approved export program under subsection (1), the Secretary may request the holder, or another person who the Secretary considers may have information or documents relevant to the application, to give the Secretary further specified information or documents relevant to the holder's request.
 (5) A request by the Secretary under subsection (4):
 (a) may be made orally or in writing; and
 (b) must specify the period within which the request must be complied with.

Grounds for refusing request
 (6) The Secretary may refuse to suspend the whole or the part of the