Document ID: chunk:federal_register_of_legislation:C2024C00463:section:34
Version: federal_register_of_legislation:C2024C00463
Segment Type: section
Provision Reference: s 34
Character Range: 145609–148150

34  Ministerial directions—suspension or cancellation of approvals

Suspension of approvals
 (1) If under Division 2 the Minister suspends an approval given to a person under section 27, the Minister may give the person a notice directing the person to:
 (a) take specified action; or
 (b) refrain from taking specified action;
in relation to either or both of the following:
 (c) Article 3(1) US Defence Articles or Article 3(3) US Defence Articles in the person's possession, custody or control at the time the suspension takes effect;
 (d) technology relating to original goods, being technology in the person's possession, custody or control at the time the suspension takes effect.
Note: Section 67 deals with giving notices under this Act.
 (2) A notice given to a person under subsection (1) comes into force at the time the person receives the notice.
 (3) A notice given to a person under subsection (1) ceases to be in force once the suspension ceases to have effect.

Cancellation of approvals
 (4) If under Division 2 the Minister cancels an approval given to a person under section 27, the Minister may give the person a notice directing the person to:
 (a) take specified action; or
 (b) refrain from taking specified action;
in relation to either or both of the following:
 (c) Article 3(1) US Defence Articles or Article 3(3) US Defence Articles in the person's possession, custody or control at the time the cancellation takes effect;
 (d) technology relating to original goods, being technology in the person's possession, custody or control at the time the cancellation takes effect.
Note: Section 67 deals with giving notices under this Act.
 (5) A notice given to a person under subsection (4) comes into force at the time the person receives the notice.
 (6) The Minister may, by writing, revoke a notice given to a person under subsection (4).
 (7) The Minister must give the person notice of the revocation. The revocation takes effect at the time the person receives the notice.
Note: Section 67 deals with giving notices under this Act.

Offence
 (8) A person commits an offence if:
 (a) a notice given to the person under subsection (1) or (4) is in force; and
 (b) the person fails to comply with the notice.
Penalty: 12,500 penalty units.
 (9) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (8).

Notice not a legislative instrument
 (10) A notice under subsection (1) or (4) is not a legislative instrument.

Division 5—Other matters