Commonwealth Consolidated Acts

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TRADEX SCHEME ACT 1999 - SECT 6

Disqualifying circumstances

                   Disqualifying circumstances exist in relation to a person who is the holder of a tradex order if:

                     (a)  any of the core criteria for the holding of the order have not been complied with, except where the only effect of the non-compliance was to render the person liable to pay tradex duty and the person has paid the duty in accordance with section 21; or

                     (b)  the person gave information, or a document, to the Secretary or to an authorised officer in connection with an application for, or for a variation of, the order or an application for, or for a variation of, another tradex order, being information or a document that:

                              (i)  if the person is an individual or body corporate--the person knew, or ought to have known, to be false or misleading in a material particular; or

                             (ii)  if the person is a partnership--any of the partners knew, or ought to have known, to be false or misleading in a material particular; or

                     (c)  the person was ineligible to apply for the order; or

                     (d)  the person is ineligible to hold the order; or

                     (e)  the person has failed to pay tradex duty in accordance with section 21 in respect of:

                              (i)  nominated goods; or

                             (ii)  nominated goods in relation to another tradex order that is or has been held by the person.



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