Document ID: chunk:federal_register_of_legislation:C2025C00022:section:94:p1
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 94 (pt 1/2)
Character Range: 188149–190872

94  Grounds for suspension—general
 (1) The Secretary may suspend the accreditation of a property in relation to one or more kinds of export operations and one or more kinds of prescribed goods and, if applicable, one or more places to which goods may be exported if the Secretary reasonably believes any of the following:
 (a) the integrity of a kind of prescribed goods covered by the accreditation cannot be ensured;
 (b) a requirement prescribed by rules made for the purposes of paragraph 79(2)(b) is no longer met;
 (c) a condition of the accreditation has been, or is being, contravened;
 (d) the manager of the property:
 (i) failed to comply with a direction given to the manager 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;
 (e) the manager of the property 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;
 (f) the manager of the property or any other person who manages or controls export operations carried out at the property:
 (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;
 (g) the manager of the property has contravened a requirement of this Act in relation to the accreditation of the property;
 (h) a ground prescribed by the rules exists.
Note 1: A suspension must not be for more than 12 months (see section 97).
Note 2: A decision to suspend the accreditation of a property under this section is a reviewable decision (see Part 2 of Chapter 11).

Notice of proposed suspension
 (2) The Secretary must not suspend the accreditation of a property under subsection (1) unless the Secretary has given a written notice to the manager of the property in accordance with subsection (3).
 (3) A notice under subsection (2) must:
 (a) specify each kind of export operations and each kind of prescribed goods and, if applicable, each place in relation to which the accreditation is proposed to be suspended; and
 (b) specify the grounds for the proposed suspension; and
 (c) subject to subsection (4), request the