Document ID: chunk:federal_register_of_legislation:C2024C00639:section:47
Version: federal_register_of_legislation:C2024C00639
Segment Type: section
Provision Reference: s 47
Character Range: 78065–80452

47  Grounds for suspension—overdue relevant Commonwealth liability

Notice of proposed suspension
 (1) The Minister may suspend an export licence in relation to all kinds of regulated waste material and all kinds of export operations if:
 (a) a relevant Commonwealth liability of the holder of the licence (the debtor) is more than 30 days overdue; and
 (b) the Minister has given a written notice to the debtor 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 Minister to pay the relevant Commonwealth liability.
Note 1: A suspension must not be for more than 12 months (see section 49).
Note 2: A decision to suspend an export licence under this section is a reviewable decision (see section 151) and the Minister must give the person written notice of the decision (see section 152).
Note 3: If the Minister suspends an export licence under this section, the Minister may revoke the export licence in certain circumstances (see section 55).
 (2) The notice must:
 (a) state that a relevant Commonwealth liability of the debtor in relation to an export licence is more than 30 days overdue; and
 (b) state that the Minister may suspend the export licence in relation to all kinds of regulated waste material and all kinds of export operations 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 Minister 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 export licence.

Minister may direct that activities not be carried out
 (3) If the Minister suspends an export licence under subsection (1), the Minister may refuse to carry out, and 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 107 (general provisions relating to directions).

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