Commonwealth Consolidated Acts

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CUSTOMS ACT 1901 - SECT 179J

Variation, suspension or revocation of approvals

  (1)   The Comptroller - General of Customs may, in writing, vary, suspend or revoke an entity's approval under section   179E in relation to a controlled trial if the Comptroller - General of Customs is satisfied that:

  (a)   the entity no longer meets the qualification criteria (if any) determined in an instrument under section   179K; or

  (b)   the entity no longer meets the eligibility criteria (if any) specified in the rules in relation to that trial; or

  (c)   the entity has not complied, or is not complying, with any condition specified in the rules in relation to that trial; or

  (d)   in relation to that trial, the entity has not satisfied an obligation covered by subsection   179C(2) in the way covered by subsection   179C(3); or

  (e)   in relation to that trial, the entity has not complied with an obligation covered by subsection   179C(4).

  (2)   In deciding whether to vary, suspend or revoke an approval, the Comptroller - General of Customs must consider:

  (a)   any matter specified in the rules under paragraph   179L(3)(d) in relation to that trial; and

  (b)   any other matter that the Comptroller - General of Customs considers relevant.

  (3)   A variation, suspension or revocation of an approval must be in accordance with the procedures specified in the rules in relation to that trial.

  (4)   The Comptroller - General of Customs must give notice of a variation, suspension or revocation to the entity.

  (5)   The notice must specify the day the variation, suspension or revocation takes effect (which must be at least 7 days after the day the notice is given).

Consequences of suspension

  (6)   An approval has no effect while suspended, but the period for which it remains in force continues to run despite the suspension.

  (7)   The Comptroller - General of Customs may, in writing, revoke a suspension under subsection   (1).

  (8)   The Comptroller - General of Customs must give notice of the revocation of the suspension to the entity. The notice must specify the day the revocation takes effect.

  (9)   The Comptroller - General of Customs may, under subsection   (1), vary or revoke an approval while it is suspended.


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