Document ID: chunk:federal_register_of_legislation:F2024C00422:reg:37:p15
Version: federal_register_of_legislation:F2024C00422
Segment Type: reg
Provision Reference: reg 37 (pt 15/21)
Character Range: 359555–362323

Export Control (Animals) Order; and
 (b) the Secretary had given the holder of the approved export program a written notice under subsection 1A.38(8) of that Order; and
 (c) the variation is to take effect after the commencement time;
then the variation takes effect after the commencement time in accordance with the notice.

Variation notice given by Secretary before commencement time but notice not complied with before commencement time
 (3) If:
 (a) the Secretary had given a written notice to the holder of an approved export program under subsection 1A.39(1) of the old Export Control (Animals) Order requiring the holder to vary the approved export program; and
 (b) the holder had not complied with the notice before the commencement time; and
 (c) the period specified in the notice for complying with the notice had not ended before the commencement time;
then the notice has effect after the commencement time as if it had been given under subsection 9‑37(1) of this instrument.

12‑26  Approved export program suspended before commencement time

Suspension in force immediately before commencement time
 (1) If:
 (a) the whole or a part of an approved export program had been suspended under subsection 1A.41(3) of the old Export Control (Animals) Order; and
 (b) the period of the suspension had not ended before the commencement time;
then, after the commencement time, the whole or the part of the approved export program is taken to be suspended under paragraph 9‑39(3)(a) of this instrument.
 (2) If:
 (a) the whole or a part of an approved export program had been suspended under subsection 1A.42(1) of the old Export Control (Animals) Order; and
 (b) the period of the suspension had not ended before the commencement time;
then, after the commencement time, the whole or the part of the approved export program is taken to be suspended under subsection 9‑41(1) of this instrument.

Suspension to take effect after commencement time
 (3) If:
 (a) the Secretary had suspended the whole or a part of an approved export program by written notice given to the holder of the approved export program under subsection 1A.41(3) of the old Export Control (Animals) Order; and
 (b) the suspension is to take effect after the commencement time;
then, after the commencement time:
 (c) the Secretary is taken to have decided to suspend the accreditation under paragraph 9‑39(3)(a) of this instrument; and
 (d) the notice has effect as if it had been given under subsection 9‑39(8) of this instrument; and
 (e) the suspension takes effect in accordance with the notice.
Note: The holder may request the Secretary to revoke the suspension (see section 9‑40 of this instrument).
 (4) If:
 (a) the Secretary had given a written notice to the holder of an approved