Document ID: chunk:federal_register_of_legislation:C2025C00022:section:138:p1
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 138 (pt 1/2)
Character Range: 259886–262707

138  Grounds for revocation—general
 (1) The Secretary may revoke the registration of an establishment (including an establishment in relation to which a suspension is in effect under Part 5) if the Secretary reasonably believes any of the following:
 (a) the integrity of a kind of prescribed goods covered by the registration cannot be ensured;
 (b) the occupier of the establishment is not a fit and proper person (having regard to the matters referred to in section 372);
 (c) a requirement referred to in subsection 112(2) is no longer met;
 (d) a condition of the registration has been, or is being, contravened;
 (e) the condition of, or the equipment or facilities in, the establishment has changed;
 (f) there has been a change to the suitability of the establishment for the export operations covered by the registration;
 (g) the occupier of the establishment:
 (i) failed to comply with a direction given to the occupier by an authorised officer or the Secretary; or
 (ii) failed to comply with a request by an authorised officer to provide information or a document; or
 (iii) failed to provide facilities and assistance to an auditor as required by section 271; or
 (iv) failed to comply with a request made by an auditor under section 272;
 (h) the occupier of the establishment has engaged in conduct that:
 (i) intimidated a person performing functions or exercising powers under this Act; or
 (ii) hindered or prevented a person from performing functions or exercising powers under this Act;
 (i) the occupier of the establishment or any other person who manages or controls export operations carried out at the establishment:
 (i) made a false, misleading or incomplete statement in an application under this Chapter; or
 (ii) gave false, misleading or incomplete information or documents to the Secretary or to another person performing functions or exercising powers under this Act; or
 (iii) gave false, misleading or incomplete information or documents to the Secretary or the Department under a prescribed agriculture law;
 (j) the occupier of the establishment has contravened a requirement of this Act in relation to the registration of the establishment;
 (k) a ground prescribed by the rules exists.
Note: A decision to revoke the registration of an establishment under this section is a reviewable decision (see Part 2 of Chapter 11).

Notice of proposed revocation
 (2) The Secretary must not revoke the registration of an establishment under subsection (1) unless the Secretary has given a written notice to the occupier of the establishment in accordance with subsection (3).
 (3) A notice under subsection (2) must:
 (a) specify the grounds for the proposed revocation; and
 (b) subject to subsection (4), request the occupier of the registered establishment to give the Secretary, within