Document ID: chunk:federal_register_of_legislation:C2025C00022:section:95
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 95
Character Range: 191410–193928

95  Grounds for suspension—overdue relevant Commonwealth liability

Notice of proposed suspension
 (1) The Secretary may suspend the accreditation of a property in relation to all kinds of export operations and all kinds of prescribed goods if:
 (a) a relevant Commonwealth liability of the manager of the property, or relating to the property, is more than 30 days overdue; and
 (b) the Secretary has given a written notice to the person (the debtor) who is liable to pay the relevant Commonwealth liability in accordance with subsection (2); and
 (c) within 8 days after the notice is given:
 (i) the relevant Commonwealth liability has not been paid; or
 (ii) the debtor has not entered into an arrangement with the Secretary to pay the relevant Commonwealth liability.
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).
Note 3: If the Secretary suspends the accreditation of a property under this section, the Secretary may revoke the accreditation of the property in certain circumstances (see section 103).
 (2) A notice under subsection (1) must:
 (a) state that a relevant Commonwealth liability of the debtor in relation to an accredited property is more than 30 days overdue; and
 (b) state that the Secretary may suspend the accreditation of the property for all kinds of export operations in relation to all kinds of prescribed goods if, within 8 days after the notice is given:
 (i) the relevant Commonwealth liability is not paid; or
 (ii) the debtor has not entered into an arrangement with the Secretary to pay the relevant Commonwealth liability; and
 (c) include a statement setting out the debtor's right to seek review of a decision to suspend the accreditation of the property.

Secretary may direct that activities not be carried out
 (3) If the Secretary suspends the accreditation of a property under subsection (1), the Secretary may refuse to carry out, or direct a person not to carry out, specified activities or kinds of activities in relation to the debtor under this Act until the relevant Commonwealth liability has been paid.
Note: See also section 309 (general provisions relating to directions).

Action under this section does not affect liability to pay relevant Commonwealth liability
 (4) Action by the Secretary under this section does not affect the liability of the debtor to pay the relevant Commonwealth liability.