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TRADEX SCHEME ACT 1999 - SECT 19

Revocation of tradex order following notice given to Secretary under section 15 or given by Secretary under section 16

             (1)  If:

                     (a)  the holder of a tradex order has given a notice to the Secretary under section 15; or

                     (b)  a notice is given to the holder of a tradex order under subsection 16(1) and the holder does not satisfy the Secretary, within the period stated in the notice, that the circumstances specified in the notice:

                              (i)  do not exist; or

                             (ii)  if they exist--are not disqualifying circumstances;

the Secretary must revoke the order.

Note:          A decision under subsection (1) to revoke a tradex order is reviewable (see section 39).

          (1A)  If:

                     (a)  the Secretary has given the holder of a tradex order a notice under subsection 16(2); and

                     (b)  the holder does not satisfy the Secretary, within the period stated in the notice, that the holder intends to export the goods referred to in the notice;

the Secretary may revoke the tradex order.

Note:          A decision under subsection (1A) to revoke a tradex order is reviewable (see section 39).

             (2)  The revocation of a tradex order under this section must be in writing signed by the Secretary and comes into force on a date stated in the instrument of revocation.

             (3)  The Secretary must cause a written notice of his or her decision to revoke the order to be given to the holder of the order.

             (4)  The notice of the decision must:

                     (a)  state the day on which the revocation comes into force; and

                     (b)  set out the Secretary's findings on material questions of fact; and

                     (c)  refer to the evidence or other material on which those findings were based; and

                     (d)  give the reasons for the decision.

             (5)  If a tradex order is revoked under this section, the Secretary must cause to be entered in the Register a statement that the order has been revoked and the date on which the revocation comes into force.



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