Document ID: chunk:federal_register_of_legislation:F2024C00422:reg:2:p47
Version: federal_register_of_legislation:F2024C00422
Segment Type: reg
Provision Reference: reg 2 (pt 47/102)
Character Range: 167826–170502

(2) The Secretary must not revoke an approved ESCAS under subsection (1) unless the Secretary has given a written notice to the holder of the approved ESCAS in accordance with subsection (3).
 (3) A notice under subsection (2) must:
 (a) state that the Secretary proposes to revoke the approval of the ESCAS; and
 (b) specify the grounds for the proposed revocation; and
 (c) specify the date the proposed revocation is to take effect; and
 (d) subject to subsection (4), request the holder of the approved ESCAS to give to the Secretary within 14 days after the day the notice is given, or within such longer period specified in the notice, a written statement showing cause why the approved ESCAS should not be revoked; and
 (e) include a statement setting out the holder's right to seek review of a decision to revoke the approved ESCAS; and
 (f) if the notice includes the request referred to in paragraph (d)—state that the proposed revocation will take effect on the date specified under paragraph (c) if the Secretary does not receive a response to the request within:
 (i) 14 days after the notice is given; or
 (ii) if the notice specifies a longer period—that longer period.
 (4) A notice under subsection (2) is not required to include the request referred to in paragraph (3)(d) if the Secretary reasonably believes that the grounds for the revocation are serious and urgent.

6‑42A  Notice of revocation

Notice of revocation
 (1) If the Secretary decides to revoke an approved ESCAS under subsection 6‑42(1), the Secretary must give the holder of the approved ESCAS a written notice stating the following:
 (a) that the approval of the ESCAS is to be revoked;
 (b) the grounds for the revocation;
 (c) the date the revocation is to take effect.

When revocation takes effect
 (2) If:
 (a) the notice (the show cause notice) given to the holder of the approved ESCAS under subsection 6‑42(2) included the request referred to in paragraph 6‑42(3)(d); and
 (b) the Secretary receives a response from the holder to the request within:
 (i) 14 days after the show cause notice was given; or
 (ii) if the show cause notice specified a longer period—that longer period;
the revocation must not take effect before the day after the response is received.
 (3) If:
 (a) the notice (the show cause notice) given to the holder of the approved ESCAS under subsection 6‑42(2) included the request referred to in paragraph 6‑42(3)(d); and
 (b) the Secretary does not receive a response from the holder to the request within:
 (i) 14 days after the show cause notice was given; or
 (ii) if the show cause notice specified a longer period—that longer period;
the revocation takes