Commonwealth Consolidated Acts

DEFENCE TRADE CONTROLS ACT 2012 - SECT 29

  (1)   The Minister may, by writing, suspend an approval given to a person under section   27:

  (a)   if the Minister reasonably believes that the person has contravened a provision of this Act; or

  (b)   if the Minister reasonably believes that the person has breached a condition of the approval; or

  (c)   if the Minister is satisfied that the person's holding of the approval prejudices the security, defence or international relations of Australia; or

  (d)   if the Minister is satisfied that the person's application under section   27 for the approval contained information that was false or misleading; or

  (e)   if the Minister is satisfied that it is appropriate to do so because of a change in any of the circumstances based on which the Minister gave the approval; or

  (f)   in any other circumstances prescribed by the regulations for the purposes of this paragraph.

  (2)   The Minister must give the person notice of the suspension and the reasons for the suspension. The suspension takes effect at the time the person receives the notice.

Note 1:   Section   67 deals with giving notices under this Act.

Note 2:   Section   68 deals with disclosing reasons for decisions.

  (3)   The Minister must specify in the notice under subsection   (2):

  (a)   a period of suspension (which must not be more than 60 days); or

  (b)   one or more conditions for the lifting of the suspension.

Lifting of suspension

  (4)   If 2 or more conditions are specified for the lifting of the suspension, one of them may be that a specified period of suspension has ended (which must not be more than 60 days).

  (5)   If:

  (a)   the Minister specifies one or more conditions for the lifting of the suspension; and

  (b)   the Minister is satisfied that those conditions have been met;

the Minister may, by notice given to the person, lift the suspension. The suspension is lifted at the time the person receives the notice.

Note:   Section   67 deals with giving notices under this Act.

Effect of suspension

  (6)   Subject to subsection   (7), the holder of an approval under section   27 that is suspended under this section is taken not to hold the approval at any time while the suspension has effect.

  (7)   If an approval given to a body corporate under section   27 is suspended under this section:

  (a)   for the purposes of the application of sections   28, 31, 32 and 33, Part   4 and subsection   58(3) to the body corporate--the body corporate is taken to continue to hold the approval while the suspension has effect; and

  (b)   for the purposes of the application of sections   31, 32 and 33 to a person referred to in paragraph   (c) of the definition of Australian Community member in subsection   4(1)--the body corporate is taken to continue to hold the approval while the suspension has effect.

  (8)   An approval under section   27 may be cancelled under section   30 even while it is suspended under this section.

Non - legislative instruments

  (9)   The following are not legislative instruments:

  (a)   a suspension under this section;

  (b)   a notice under subsection   (5).