a person who is or was a consultant, adviser, partner, representative on retainer, employer or employee of:

the first person; or

any corporation of which the first person is an officer or employee or in which the first person holds shares;

a spouse, de facto partner, child, parent, grandparent, grandchild, sibling, aunt, uncle, niece, nephew or cousin of the first person;

a child, parent, grandparent, grandchild, sibling, aunt, uncle, niece, nephew or cousin of a spouse or de facto partner of the first person;

any other person not mentioned in paragraph (a), (b) or (c) who is or was:

directly or indirectly concerned in; or

in a position to control or influence the conduct of;

a business or undertaking of:

the first person; or

a corporation of which the first person is an officer or employee, or in which the first person holds shares;

a corporation:

of which the first person, or any of the other persons mentioned in paragraphs (a), (b), (c) and (d), is an officer or employee; or

in which the first person, or any of those other persons, holds shares;

(f) if the first person is a body corporate—another body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of the first person.

a stepchild or adopted child of the other person; or

(b) a child of the other person within the meaning of the Family Law Act 1975.

the person that operates, operated or will operate the business of carrying out export operations in relation to goods at the establishment; or

a person that manages or controls, managed or controlled or will manage or control export operations carried out in relation to goods at the establishment.

the goods:

were taken from waters (other than internal waters) in Australian territory; or

were harvested on the continental shelf adjacent to Australia; or

were harvested in an area on the continental shelf adjacent to an external Territory to which the Act extends under subparagraph 8(2)(b)(ii); and

after being taken or harvested, the goods:

were loaded onto a conveyance in Australian territory for transportation to a place outside Australian territory; or

were taken to a place outside Australian territory; and

the goods were not unloaded at any time at a place on land in Australian territory.

that the export of a specified kind of goods (including prescribed goods) from Australian territory, or from a part of Australian territory, is prohibited absolutely for a specified period of up to 6 months; or

that the export of a specified kind of goods (including prescribed goods) from Australian territory, or from a part of Australian territory, to a specified place is prohibited for a specified period of up to 6 months.

to protect human, animal or plant life or health; or

to secure compliance with an Australian law (other than this Act).

to protect human, animal or plant life or health; or

to secure compliance with an Australian law (other than this Act).

a government certificate has been, or is, issued in relation to a kind of goods that are to be, or that have been, exported; and

a temporary prohibition determination applies in relation to goods of that kind;

then the government certificate is taken to have been revoked on the date the temporary prohibition determination takes effect or immediately after the certificate is issued (whichever is later).

Effect on export permit

an export permit has been, or is, issued for a kind of prescribed goods that are to be exported; and

a temporary prohibition determination applies in relation to goods of that kind;

then the export permit is taken to have been revoked on the date the temporary prohibition determination takes effect or immediately after the permit is issued (whichever is later).

a place to which the goods are, or are intended to be, exported; and

the intended use of the goods.

any importing country requirements relating to goods of that kind;

sanitary matters (being matters relating to food safety, animal health or human health) and phytosanitary matters (being matters relating to plant health) relating to goods of that kind;

any Australian laws and standards relating to goods of that kind;

Australia’s rights and obligations relating to goods of that kind under any international agreements to which Australia is a party;

any international standards relating to goods of that kind;

any other matter the Secretary considers relevant.

prohibit the export of prescribed goods from Australian territory, or from a part of Australian territory, unless conditions prescribed by the rules are complied with; or

prohibit the export of prescribed goods from Australian territory, or from a part of Australian territory, to a specified place unless conditions prescribed by the rules are complied with.

require export operations to be carried out in relation to the goods:

at an accredited property; or

at a registered establishment; or

at another kind of premises prescribed by the rules; or

in accordance with an approved arrangement; or

in accordance with an export licence; or

in any other way prescribed by the rules; or

require the exporter to hold one or more of the following:

an approved arrangement covering the goods;

an export licence covering the goods;

a government certificate in relation to the goods;

an export permit for the goods;

another kind of permission, consent or approval, granted as prescribed by the rules, to export the goods; or

relate to export operations to be carried out in relation to the goods, including in relation to the following matters:

premises, equipment and facilities to be used to produce or prepare the goods;

hygiene;

loading and transport of the goods;

identification, tracing, recall and transfer of the goods;

ensuring the integrity of the goods;

trade descriptions;

official marks.

the person exports goods; and

any of the following applies:

the goods are permanently prohibited goods;

the export is a permanently prohibited export;

the export of the goods is prohibited absolutely by a temporary prohibition determination.

Fault-based offence

the person exports goods; and

any of the following applies:

the goods are permanently prohibited goods;

the export is a permanently prohibited export;

the export of the goods is prohibited absolutely by a temporary prohibition determination; and

the person intends to obtain a commercial advantage over the person’s competitors, or potential competitors, as a result of exporting the goods.

Fault-based offence

if the person is an individual—imprisonment for 10 years or 2,000 penalty units, or both; or

if the person is a body corporate—the amount under section 50A.

the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (2) of this section; and

the trier of fact is satisfied that the defendant is guilty of the offence against subsection 30(2); and

the defendant has been accorded procedural fairness in relation to that finding of guilt.

Civil penalty provision

if the person is an individual—4,000 penalty units; or

if the person is a body corporate—the amount under section 50A.

the person exports goods; and

any of the following applies:

the goods are permanently prohibited goods;

the export is a permanently prohibited export;

the export of the goods is prohibited absolutely by a temporary prohibition determination; and

the export of the goods causes, or has the potential to cause, economic consequences for Australia.

Fault-based offence

if the person is an individual—imprisonment for 10 years or 2,000 penalty units, or both; or

if the person is a body corporate—the amount under section 50A.

the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (2) of this section; and

the trier of fact is satisfied that the defendant is guilty of the offence against subsection 30(2); and

the defendant has been accorded procedural fairness in relation to that finding of guilt.

Civil penalty provision

if the person is an individual—4,000 penalty units; or

if the person is a body corporate—the amount under section 50A.

the person conveys, or has in the person’s possession, goods; and

the person intends to export the goods; and

any of the following applies:

the goods are permanently prohibited goods;

the export is a permanently prohibited export;

the export of the goods is prohibited absolutely by a temporary prohibition determination.

Fault-based offence

the person conveys, or has in the person’s possession, goods; and

the person knows that the goods are intended to be exported; and

any of the following applies:

the goods are permanently prohibited goods;

the export is a permanently prohibited export;

the export of the goods is prohibited absolutely by a temporary prohibition determination.

Fault-based offence

the person exports goods; and

the person intends the goods to be imported into a particular place (whether that intention exists at the time the goods are exported or is formed after that time); and

the export of the goods to that place is prohibited by a temporary prohibition determination.

Fault-based offence

the person exports goods; and

the person intends the goods to be imported into a particular place (whether that intention exists at the time the goods are exported or is formed after that time); and

the export of the goods to that place is prohibited by a temporary prohibition determination; and

the person intends to obtain a commercial advantage over the person’s competitors, or potential competitors, as a result of exporting the goods to that place.

Fault-based offence

if the person is an individual—imprisonment for 10 years or 2,000 penalty units, or both; or

if the person is a body corporate—the amount under section 50A.

the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (2) of this section; and

the trier of fact is satisfied that the defendant is guilty of the offence against subsection 34(2); and

the defendant has been accorded procedural fairness in relation to that finding of guilt.

Civil penalty provision

if the person is an individual—4,000 penalty units; or

if the person is a body corporate—the amount under section 50A.

the person exports goods; and

the person intends the goods to be imported into a particular place (whether that intention exists at the time the goods are exported or is formed after that time); and

the export of the goods to that place is prohibited by a temporary prohibition determination; and

the export of the goods to that place causes, or has the potential to cause, economic consequences for Australia.

Fault-based offence

if the person is an individual—imprisonment for 10 years or 2,000 penalty units, or both; or

if the person is a body corporate—the amount under section 50A.

the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (2) of this section; and

the trier of fact is satisfied that the defendant is guilty of the offence against subsection 34(2); and

the defendant has been accorded procedural fairness in relation to that finding of guilt.

Civil penalty provision

if the person is an individual—4,000 penalty units; or

if the person is a body corporate—the amount under section 50A.

the person conveys, or has in the person’s possession, goods; and

the person intends to export the goods to a particular place; and

the export of the goods to that place is prohibited by a temporary prohibition determination.

Fault-based offence

the person conveys, or has in the person’s possession, goods; and

the person knows that the goods are intended to be exported to a particular place; and

the export of the goods to that place is prohibited by a temporary prohibition determination.

Fault-based offence

the person exports goods; and

the goods are prescribed goods; and

the export of the goods is prohibited unless prescribed export conditions are complied with; and

prescribed export conditions were not complied with.

Fault-based offence

the person exports goods; and

the goods are prescribed goods; and

the export of the goods is prohibited unless prescribed export conditions are complied with; and

prescribed export conditions were not complied with; and

the person intends to obtain a commercial advantage over the person’s competitors, or potential competitors, as a result of exporting the goods.

Fault-based offence

if the person is an individual—imprisonment for 10 years or 2,000 penalty units, or both; or

if the person is a body corporate—the amount under section 50A.

the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (2) of this section; and

the trier of fact is satisfied that the defendant is guilty of the offence against subsection 38(2); and

the defendant has been accorded procedural fairness in relation to that finding of guilt.

Civil penalty provision

if the person is an individual—4,000 penalty units; or

if the person is a body corporate—the amount under section 50A.

the person exports goods; and

the goods are prescribed goods; and

the export of the goods is prohibited unless prescribed export conditions are complied with; and

prescribed export conditions were not complied with; and

the export of the goods causes, or has the potential to cause, economic consequences for Australia.

Fault-based offence

if the person is an individual—imprisonment for 10 years or 2,000 penalty units, or both; or

if the person is a body corporate—the amount under section 50A.

the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (2) of this section; and

the trier of fact is satisfied that the defendant is guilty of the offence against subsection 38(2); and

the defendant has been accorded procedural fairness in relation to that finding of guilt.

Civil penalty provision

if the person is an individual—4,000 penalty units; or

if the person is a body corporate—the amount under section 50A.

the person conveys, or has in the person’s possession, goods; and

the goods are prescribed goods; and

the export of the goods is prohibited unless prescribed export conditions are complied with; and

the person intends to export the goods; and

the export of the goods would contravene the prescribed export conditions.

Fault-based offence

the person conveys, or has in the person’s possession, goods; and

the goods are prescribed goods; and

the export of the goods is prohibited unless prescribed export conditions are complied with; and

the person knows that the goods are intended to be exported; and

the export of the goods would contravene the prescribed export conditions.

Fault-based offence

the person exports goods; and

the goods are prescribed goods; and

the person intends the goods to be imported into a particular place (whether that intention exists at the time the goods are exported or is formed after that time); and

the export of the goods to that place is prohibited unless prescribed export conditions are complied with; and

prescribed export conditions were not complied with.

Fault-based offence

the person exports goods; and

the goods are prescribed goods; and

the person intends the goods to be imported into a particular place (whether that intention exists at the time the goods are exported or is formed after that time); and

the export of the goods to that place is prohibited unless prescribed export conditions are complied with; and

prescribed export conditions were not complied with; and

the person intends to obtain a commercial advantage over the person’s competitors, or potential competitors, as a result of exporting the goods to that place.

Fault-based offence

if the person is an individual—imprisonment for 10 years or 2,000 penalty units, or both; or

if the person is a body corporate—the amount under section 50A.

the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (2) of this section; and

the trier of fact is satisfied that the defendant is guilty of the offence against subsection 42(2); and

the defendant has been accorded procedural fairness in relation to that finding of guilt.

Civil penalty provision

if the person is an individual—4,000 penalty units; or

if the person is a body corporate—the amount under section 50A.

the person exports goods; and

the goods are prescribed goods; and

the person intends the goods to be imported into a particular place (whether that intention exists at the time the goods are exported or is formed after that time); and

the export of the goods to that place is prohibited unless prescribed export conditions are complied with; and

prescribed export conditions were not complied with; and

the export of the goods to that place causes, or has the potential to cause, economic consequences for Australia.

Fault-based offence

if the person is an individual—imprisonment for 10 years or 2,000 penalty units, or both; or

if the person is a body corporate—the amount under section 50A.

the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (2) of this section; and

the trier of fact is satisfied that the defendant is guilty of the offence against subsection 42(2); and

the defendant has been accorded procedural fairness in relation to that finding of guilt.

Civil penalty provision

if the person is an individual—4,000 penalty units; or

if the person is a body corporate—the amount under section 50A.

the person conveys, or has in the person’s possession, goods; and

the goods are prescribed goods; and

the export of the goods to a particular place is prohibited unless prescribed export conditions are complied with; and

the person intends to export the goods to that place; and

the export of the goods to that place would contravene the prescribed export conditions.

Fault-based offence

the person conveys, or has in the person’s possession, goods; and

the goods are prescribed goods; and

the export of the goods to a particular place is prohibited unless prescribed export conditions are complied with; and

the person knows that the goods are intended to be exported to that place; and

the export of the goods to that place would contravene the prescribed export conditions.

Fault-based offence

the person is:

the occupier of a registered establishment; or

the manager of an accredited property; or

the occupier of premises other than a registered establishment or an accredited property; and

goods are produced or prepared at the registered establishment, accredited property or other premises; and

the goods are prescribed goods; and

the goods are exported after being produced or prepared at the registered establishment, accredited property or other premises (with or without further preparation); and

the export of the goods is prohibited unless prescribed export conditions are complied with; and

one or more of the prescribed export conditions applies in relation to:

the person; or

the registered establishment, accredited property or other premises; or

the production or preparation of the goods at the registered establishment, accredited property or other premises; and

one or more of those prescribed export conditions is contravened.

Fault-based offence

the person is:

the occupier of a registered establishment; or

the manager of an accredited property; or

the occupier of premises other than a registered establishment or an accredited property; and

goods are produced or prepared at the registered establishment, accredited property or other premises; and

the goods are prescribed goods; and

the goods are exported to a particular place after being produced or prepared at the registered establishment, accredited property or other premises (with or without further preparation); and

the export of the goods to that place is prohibited unless prescribed export conditions are complied with; and

one or more of the prescribed export conditions applies in relation to:

the person; or

the registered establishment, accredited property or other premises; or

the production or preparation of the goods at the registered establishment, accredited property or other premises; and

one or more of those prescribed export conditions is contravened.

Fault-based offence

goods are entered for export by the person; and

the goods are prescribed goods; and

the export of the goods is prohibited unless prescribed export conditions are complied with; and

at the time the goods are entered for export:

the person represents (either expressly or by necessary implication) that the prescribed export conditions applicable, at or before that time, in relation to the export of goods have been complied with; and

the person does so knowing that the representation is false or misleading.

Fault-based offence

goods are entered for export by the person; and

the goods are prescribed goods; and

the goods are to be exported to a particular place; and

the export of the goods to that place is prohibited unless prescribed export conditions are complied with; and

at the time the goods are entered for export:

the person represents (either expressly or by necessary implication) that the prescribed export conditions applicable, at or before that time, in relation to the export of goods to that place have been complied with; and

the person does so knowing that the representation is false or misleading.

Fault-based offence

goods are entered for export by the person; and

the goods are non-prescribed goods; and

at the time the goods are entered for export:

the person makes a representation (either expressly or by necessary implication) in relation to any matters that are to be stated in a government certificate in relation to the goods (for example that the goods meet an importing country requirement relating to the goods); and

the person does so knowing that the representation is false or misleading.

Fault-based offence

subsections 31(2) and (5);

subsections 32(2) and (5);

subsections 35(2) and (5);

subsections 36(2) and (5);

subsections 39(2) and (5);

subsections 40(2) and (5);

subsections 43(2) and (5);

subsections 44(2) and (5);

subsections 217(2), (4), (6) and (8).

20,000 penalty units;

if the first body, and any related body corporate of the first body, has obtained, directly or indirectly, a benefit that is reasonably attributable to the conduct constituting the contravention, and the relevant court can determine the value of that benefit—3 times the value of that benefit;

(c) if the relevant court cannot determine the value of a benefit referred to in paragraph (b) or no such benefit has been obtained—10% of the annual turnover of the first body during the period (the turnover period) of 12 months ending at the end of the month in which the first body committed, or began committing, the contravention.

supplies made from the first body to any related body corporate of the first body;

supplies made from any related body corporate of the first body to the first body;

supplies that are input taxed;

(d) supplies that are not for consideration (and are not taxable supplies under A New Tax System (Goods and Services Tax) Act 1999);section 72-5 of the

supplies that are not made in connection with an enterprise that the first body carries on.

as a commercial sample; or

for experimental purposes; or

in exceptional circumstances; or

in special commercial circumstances; or

in other circumstances prescribed by the rules.

commercial sample;

experimental purposes;

exceptional circumstances;

special commercial circumstances.

a person who wishes to export relevant goods;

the manager of an accredited property where export operations in relation to relevant goods are or will be carried out;

the occupier of a registered establishment where export operations in relation to relevant goods are or will be carried out;

the holder of an approved arrangement that covers export operations in relation to relevant goods;

the holder of an export licence that covers export operations in relation to relevant goods.

in relation to goods that are permanently prohibited goods; or

if the application is for an exemption from section 23A; or

in relation to goods the export of which is prohibited by a temporary prohibition determination.

if the Secretary has approved, in writing, a manner for making an application—be made in an approved manner; and

if the Secretary has approved a form for making an application:

include the information required by the form; and

be accompanied by any documents required by the form; and

set out the basis on which the exemption is sought; and

include the information (if any) prescribed by the rules; and

be accompanied by any documents prescribed by the rules; and

be made:

within the period prescribed by the rules; or

if the Secretary allows a different period—within that period.

to grant the exemption; or

to refuse to grant the exemption.

Secretary may request further information or documents

any requirements prescribed by the rules are met; and

it is appropriate to grant the exemption.

the person is the holder of an exemption in force under this Part; and

the person engages in conduct; and

the conduct contravenes a condition of the exemption.

Civil penalty provision

the person is the holder of an exemption in force under this Part; and

the person contravenes a condition of the exemption.

the kind of goods covered by the exemption;

if applicable, each importing country covered by the exemption;

the basis on which the exemption has been granted;

the provisions of this Act covered by the exemption;

the date (which must not be retrospective) when the exemption takes effect;

the period during which the exemption remains in force (as prescribed by rules made for the purposes of paragraph 57(b));

any conditions of the exemption;

any other information prescribed by the rules.

the varied conditions and any new conditions;

the reason for varying the conditions;

the date the varied conditions take effect;

any other information prescribed by the rules.

that the exemption is to be revoked;

the reasons for the revocation;

the date the revocation is to take effect.

may specify:

kinds of goods in relation to which a government certificate may be issued; and

kinds of goods in relation to which a government certificate must not be issued; and

kinds of government certificates that may be issued in relation to specified kinds of goods; and

may make provision for and in relation to any of the following:

applications for a government certificate in relation to a kind of goods;

the matters that may be stated in a government certificate in relation to a kind of goods;

requirements that must be complied with in relation to a kind of goods before a government certificate in relation to goods of that kind may be issued.

any importing country requirements relating to goods of that kind;

sanitary matters (being matters relating to food safety, animal health or human health) and phytosanitary matters (being matters relating to plant health) relating to goods of that kind;

any Australian laws and standards relating to goods of that kind;

Australia’s rights and obligations relating to goods of that kind under any international agreements to which Australia is a party;

any international standards relating to goods of that kind;

any other matter the Secretary considers relevant.

a person or body prescribed by the rules in relation to goods of that kind; or

if no person or body is prescribed by the rules in relation to goods of that kind—the Secretary.

the Secretary;

a person or body that is covered by an approved arrangement that provides for the person or body to issue government certificates in relation to goods of that kind;

a specified person or body.

if the Secretary has approved, in writing, a manner for making an application—be made in an approved manner; and

if the Secretary has approved a form for making an application:

include the information required by the form; and

be accompanied by any documents required by the form; and

include the information (if any) prescribed by the rules; and

be accompanied by any documents prescribed by the rules.

the person becomes aware that information included in the application, or information or a document given to the issuing body in relation to the application, was incomplete or incorrect; or

a change prescribed by the rules occurs.

the person is required to give information to the issuing body under subsection (2); and

the person fails to comply with the requirement.

to issue the certificate; or

to refuse to issue the certificate.

the issuing body is not satisfied, having regard to any matter that the issuing body considers relevant, that:

the requirements of this Act in relation to the export of the goods have been complied with, or will be complied with before the goods are imported into the importing country; or

any importing country requirements relating to the goods have been met, or will be met before the goods are imported into the importing country; or

the matters to be stated in the government certificate in relation to the goods are true and correct; or

the issuing body reasonably believes that the applicant:

made a false, misleading or incomplete statement in the application for the certificate; or

gave false, misleading or incomplete information or documents to the issuing body or to another person performing functions or exercising powers under this Act; or

gave false, misleading or incomplete information or documents to the Secretary or the Department under a prescribed agriculture law; or

any information or documents requested under subsection (2) are not given to the issuing body within a reasonable period after the request was made; or

the applicant refused to consent to a request by a person to enter premises of the applicant:

to conduct an audit of export operations carried out in relation to the goods under Part 1 of Chapter 9; or

to carry out an assessment of the goods under Part 2 of that Chapter; or

the applicant refused to cooperate with a request made by the issuing body, or any other person performing functions or exercising powers under this Act, in relation to the goods; or

the issuing body reasonably believes that the applicant has contravened a requirement of this Act in relation to the goods; or

circumstances prescribed by the rules exist.

Notice of refusal

are non-prescribed goods; and

are not specified by rules made for the purposes of subparagraph 62(2)(a)(i) or (ii).

sanitary matters (being matters relating to food safety, animal health or human health) and phytosanitary matters (being matters relating to plant health) relating to the relevant goods;

any Australian laws and standards relating to the relevant goods;

Australia’s rights and obligations relating to the relevant goods under any international agreements to which Australia is a party;

any international standards relating to the relevant goods;

any other matter the Secretary considers relevant.

goods of the same kind as the relevant goods have previously been exported to a country; and

the Secretary has previously issued a government certificate in relation to goods of that kind that have been exported to that country.

on the date it is issued; or

if a later date is stated in the certificate—on that later date.

any expiry date specified in the certificate;

the day the certificate is accepted, or rejected, by the importing country.

any expiry date specified in the certificate;

the day any consignment of the goods is rejected by the importing country;

the day on which the last consignment of the goods is accepted by the importing country.

any expiry date specified in the certificate;

the day that is 18 months after the date on which it was issued.

the goods are no longer intended to be exported to the country in relation to which the certificate was issued; or

the certificate is revoked; or

circumstances prescribed by the rules exist.

the requirements of this Act have not been complied with, or are not likely to be complied with before the goods are imported into the importing country; or

an importing country requirement relating to the goods will not be, or is not likely to be, met before the goods are imported into the importing country; or

the matters stated in the government certificate in relation to the goods are no longer true and correct; or

circumstances prescribed by the rules exist.

the holder becomes aware that information included in the application for the certificate made by the holder, or information or a document given to the issuing body in relation to such an application, was incomplete or incorrect; or

a change prescribed by the rules occurs.

the requirements of this Act in relation to the export of the goods in relation to which the certificate was issued have been complied with, or will be complied with before the goods are imported into the importing country; or

the importing country requirements relating to the goods in relation to which the certificate was issued have been met, or will be met before the goods are imported into the importing country; or

the matters stated in the government certificate in relation to the goods are true and correct.

Civil penalty provision

the person is required to give information to the issuing body under subsection (2); and

the person fails to comply with the requirement.

information specified in the certificate is incorrect;

this Act has not been, is not being or will not be complied with in relation to the goods;

an importing country requirement relating to the goods will not be, or is not likely to be, met;

the integrity of the goods cannot be ensured;

the holder of the certificate has engaged in conduct that:

intimidated a person performing functions or exercising powers under this Act; or

hindered or prevented a person from performing functions or exercising powers under this Act;

the holder of the certificate:

made a false, misleading or incomplete statement in the application for the certificate; or

gave false, misleading or incomplete information or documents to the issuing body or to another person performing functions or exercising powers under this Act; or

gave false, misleading or incomplete information or documents to the Secretary or the Department under a prescribed agriculture law;

the certificate has not, or is not being, kept securely as required by rules made for the purposes of section 408;

circumstances prescribed by the rules exist.

in the circumstances prescribed by the rules; and

at the time, or within the period, prescribed by the rules.

Civil penalty provision

the person is required to return a government certificate to an issuing body under rules made for the purposes of subsection (1); and

the person fails to comply with the requirement.

to vary the accreditation in relation to any of the following matters (including by adding or removing any of those matters):

kinds of export operations;

kinds of prescribed goods;

if applicable, places to which goods may be exported; or

to approve a variation of the accreditation so that it covers:

an alteration of the property, being an alteration of a kind prescribed by the rules; or

the carrying out of export operations on an additional part of the property, or on another property, in the circumstances prescribed by the rules; or

to vary the conditions of the accreditation; or

to vary the particulars relating to the accreditation to make a minor change to a matter (including to correct a minor or technical error); or

to vary any other aspect of the accreditation.

to make the variation or give the approval; or

to make the variation, or give the approval, with additional conditions or variations of conditions; or

to refuse to make the variation or give the approval.

the requirements prescribed by rules made for the purposes of paragraph 79(2)(b) would continue to be met; and

any other requirement prescribed by the rules would be met.

Making variation or giving approval with additional conditions or variations of conditions

to ensure the requirements prescribed by rules made for the purposes of paragraph 79(2)(b) will continue to be met; or

to ensure compliance with a condition of the accreditation; or

to correct a minor or technical error; or

for any other reason prescribed by the rules.

specify each proposed additional condition or variation of a condition; and

specify the grounds for each proposed additional condition or variation of a condition; and

request the manager of the property to give the Secretary, within 14 days after the day the notice is given, a written statement showing cause why the proposed additional conditions or variations of conditions should not be made; and

include a statement setting out the manager’s right to seek a review of a decision made under paragraph (2)(ab).

details of the variation or approval;

if the variation is of the conditions of the accreditation—the varied conditions;

the date the variation or approval takes effect;

any other information prescribed by the rules.

Variation or approval with additional conditions or variations of conditions

details of the variation or approval;

if the Secretary varied the conditions of the accreditation as requested in the application under subsection 87(1)—the varied conditions;

the additional conditions or variations of conditions;

the date the variation, approval, varied conditions or additional conditions take effect, which must not be before the earlier of the following:

(i) the day after any response requested in the written notice (the show cause notice) given to the manager under subsection 87(5) is received by the Secretary;

the end of 14 days after the show cause notice was given;

any other information prescribed by the rules.

the alteration has been approved under paragraph 87(2)(a) or 87(2)(ab); and

the Secretary has given the manager notice of the approval under section 88.

Carrying out export operations on additional part of property

the carrying out of those export operations on the additional part of the property, or on the other property, has been approved under paragraph 87(2)(a) or 87(2)(ab); and

the Secretary has given the manager notice of the approval under section 88.

vary any aspect of the accreditation, including so that it does not cover:

a kind of export operations; or

a kind of prescribed goods; or

if applicable, a place to which goods may be exported;

vary the conditions of the accreditation (including by imposing new conditions);

if there is no expiry date for the accreditation—vary the accreditation by setting an expiry date for the accreditation;

if there is an expiry date for the accreditation (whether under paragraph 82(4)(a) or (b))—vary the accreditation by setting a different expiry date for the accreditation;

if there is an expiry date for the accreditation under paragraph 82(4)(b)—vary the accreditation by revoking that expiry date.

if rules made for the purposes of subsection 82(5) apply in relation to the accreditation—for the period prescribed by the rules; or

if there are no such rules—indefinitely (unless it is revoked).

the requirements prescribed by rules made for the purposes of paragraph 79(2)(b) are no longer being met; or

a condition of the accreditation has been, or is being, contravened; or

it is necessary to do so:

to take account of an event notified under section 108; or

to correct a minor or technical error; or

the accreditation needs to be varied for any other reason prescribed by the rules.

Notice of certain proposed variations

specify each proposed variation; and

specify the grounds for each proposed variation; and

subject to subsection (5), request the manager of the property to give the Secretary, within 14 days after the day the notice is given, a written statement showing cause why the proposed variation should not be made; and

include a statement setting out the manager’s right to seek review of a decision to make the proposed variation.

details of the variation;

if the variation is of the conditions of the accreditation—the varied conditions and any new conditions;

if the variation affects the period of effect of the accreditation:

the expiry date for the accreditation under paragraph 82(4)(a) or (b) (whichever applies); or

if there is no expiry date for the accreditation—that the accreditation remains in force unless it is revoked;

the date the variation takes effect;

any other information prescribed by the rules.

the day after any response to the request is received by the Secretary;

the end of 14 days after the show cause notice was given.

be in writing; and

state each kind of export operations and each kind of prescribed goods and, if applicable, each place in relation to which the accreditation is to be suspended; and

specify the reason for the suspension; and

include any other information prescribed by the rules.

be in writing; and

state the reason for the request; and

include any other information prescribed by the rules.

if the Secretary is satisfied that the reason for the suspension no longer exists and there is no reason why the suspension should not be revoked—revoke the suspension by written notice to the manager; or

in any other case:

suspend the accreditation of the property under Division 2 of this Part; or

revoke the accreditation of the property under Division 2 of Part 6.

the integrity of a kind of prescribed goods covered by the accreditation cannot be ensured;

a requirement prescribed by rules made for the purposes of paragraph 79(2)(b) is no longer met;

a condition of the accreditation has been, or is being, contravened;

the manager of the property:

failed to comply with a direction given to the manager by an authorised officer or the Secretary; or

failed to comply with a request by an authorised officer to provide information or a document; or

failed to provide facilities and assistance to an auditor as required by section 271; or

failed to comply with a request made by an auditor under section 272;

the manager of the property has engaged in conduct that:

intimidated a person performing functions or exercising powers under this Act; or

hindered or prevented a person from performing functions or exercising powers under this Act;

the manager of the property or any other person who manages or controls export operations carried out at the property:

made a false, misleading or incomplete statement in an application under this Chapter; or

gave false, misleading or incomplete information or documents to the Secretary or to another person performing functions or exercising powers under this Act; or

gave false, misleading or incomplete information or documents to the Secretary or the Department under a prescribed agriculture law;

the manager of the property has contravened a requirement of this Act in relation to the accreditation of the property;

a ground prescribed by the rules exists.

Notice of proposed suspension

specify each kind of export operations and each kind of prescribed goods and, if applicable, each place in relation to which the accreditation is proposed to be suspended; and

specify the grounds for the proposed suspension; and

subject to subsection (4), request the manager of the accredited property to give the Secretary, within 14 days after the day the notice is given, a written statement showing cause why the accreditation should not be suspended as proposed; and

include a statement setting out the manager’s right to seek review of a decision to suspend the accreditation as proposed.

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

within 8 days after the notice is given:

the relevant Commonwealth liability has not been paid; or

the debtor has not entered into an arrangement with the Secretary to pay the relevant Commonwealth liability.

state that a relevant Commonwealth liability of the debtor in relation to an accredited property is more than 30 days overdue; and

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:

the relevant Commonwealth liability is not paid; or

the debtor has not entered into an arrangement with the Secretary to pay the relevant Commonwealth liability; and

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

that the accreditation of the property is to be suspended, for the period specified in the notice, in relation to all or specified kinds of export operations and all or specified kinds of prescribed goods and, if applicable, all or specified places to which goods may be exported;

the reasons for the suspension;

the date the suspension is to start;

the period of the suspension.

the day after any response to the request is received by the Secretary;

the end of 14 days after the show cause notice was given.

the accreditation of the property remains in force while it is suspended; and

subject to rules made for the purposes of subsection (2), the requirements of this Act in relation to the accreditation (including the conditions of the accreditation) must be complied with while the accreditation is suspended.

the manager was given a notice of suspension in relation to the accreditation of the property under subsection 92(5) or 96(1); and

export operations in relation to which the accreditation was suspended were carried out at the property while the accreditation was suspended.

Fault-based offence

be in writing; and

include the information (if any) prescribed by the rules.

had given the manager of the property a notice under subsection 102(2) in relation to the accreditation; and

had not decided whether to revoke the accreditation or not.