Document ID: chunk:federal_register_of_legislation:F2024C00422:reg:2:p94
Version: federal_register_of_legislation:F2024C00422
Segment Type: reg
Provision Reference: reg 2 (pt 94/102)
Character Range: 288022–290682

(a) may be made orally or in writing; and
 (b) must specify the period within which the request must be complied with.

Grounds for refusing request
 (6) The Secretary may refuse to suspend the whole or the part of the approved export program, as requested under subsection (1), if the Secretary is satisfied the refusal is necessary for the purpose of ensuring the health or welfare of a kind or class of livestock in the course of export operations to which the approved export program relates.
 (7) For the purposes of subsection (6), the Secretary may have regard to whether the approved export program complies with the Australian Standards for the Export of Livestock in relation to the livestock to which the approved export program relates.

Notice of suspension
 (8) If the Secretary suspends the whole or the part of the approved export program, as requested under subsection (1), the Secretary must give the holder written notice of the suspension. The suspension takes effect on:
 (a) the day specified in the notice; or
 (b) if no day is specified in the notice—the day the notice is given to the holder.
Note: An approved export program, or a part of an approved export program, that is suspended is not in force during the period of the suspension (see subsection 9‑35(2)).

When Secretary is taken to have decided not to suspend whole or part of approved export program
 (9) The Secretary is taken to have decided not to suspend the whole or the part of the approved export program, as requested under subsection (1), if the Secretary has not made a decision on the request within 120 days (the initial consideration period), or such extended period as may apply under subsection (10), after the day the request was received.
 (10) The initial consideration period for the request under subsection (1) is extended, for each request made by the Secretary under subsection (4), by the number of days in the period beginning on the day the Secretary's request was made and ending on:
 (a) the day the Secretary's request was complied with; or
 (b) if the Secretary's request was not complied with within the period specified in the Secretary's request—the last day of that period.

9‑40  Request to revoke suspension
 (1) If the whole or a part of an approved export program is suspended under paragraph 9‑39(3)(a), the holder of the approved export program may request the Secretary to revoke the suspension.
 (2) A request under subsection (1) must:
 (a) be in writing; and
 (b) state the reason for the request.
 (3) If the Secretary receives a request under subsection (1) from the holder of an approved export program, the Secretary may:
 (a)