Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsRevocation on other grounds
(1) The Secretary may revoke the designation of a person as a RACA if:
(a) any information given in the RACA's application under regulation 4.43 is false or misleading in a material particular; or
(b) if the RACA's site has been inspected in accordance with paragraph 4.43(3)(b) or 4.43D(4)(b)--any information given during the inspection is false or misleading in a material particular; or
(c) the RACA has not accepted an action proposed in a notice issued under regulation 4.43C; or
(d) the RACA has accepted an action proposed in a notice issued under regulation 4.43C but the RACA has not restricted the RACA's activities, or has not complied with a condition imposed, in accordance with the notice; or
(e) if an application has been made for renewal of the RACA's designation--any information given in the RACA's application under regulation 4.43D is false or misleading in a material particular; or
(f) the RACA's business no longer includes:
(i) the handling, or making arrangements for transport, of cargo to be carried on a prescribed aircraft; or
(ii) examining cargo, in accordance with an examination notice given to the RACA, that is to be carried on a prescribed aircraft; or
(g) the RACA has failed to comply with the RACA security program for the RACA; or
(h) the RACA has failed to comply with a direction to vary the RACA's security program under regulation 4.46D; or
(i) the RACA has failed to comply with a special security direction under section 73 of the Act.
Notice of proposed revocation
(2) Before deciding to revoke a RACA's designation under subregulation (1), the Secretary must:
(a) notify the RACA, in writing, of:
(i) the proposed revocation; and
(ii) the reasons for the proposed revocation; and
(b) invite the RACA to:
(i) make a submission as to why the RACA's designation should not be revoked; and
(ii) do so within the period specified in the notice.
(3) The period specified in the notice must be at least 14 days commencing on the day the notice is given (the response period ).
Decision on revocation
(4) In deciding whether to revoke the RACA's designation under subregulation (1), the Secretary must consider any submissions made within the response period.
(5) The Secretary must:
(a) notify the RACA, in writing, of the decision; and
(b) do so within 28 days after the end of the response period.
(6) If the decision is to revoke the RACA's designation, the notice must include the reasons for the decision.
Deemed decision to revoke
(7) If the notice is not given within 28 days after the end of the response period, the Secretary is taken to have decided to revoke the RACA's designation at the end of that period.
(8) Paragraph (5)(a) does not apply to a decision that is taken to have been made because of subregulation (7).
When revocation has effect
(9) If no submissions were made within the response period, the revocation has effect on the day after the last day of the response period.
(10) If submissions were made within the response period, the revocation has effect on:
(a) if the RACA was given a notice under subregulation (5)--the day after the RACA was given the notice; or
(b) if the RACA was not given a notice under subregulation (5)--the day after the Secretary is taken, under subregulation (7), to have decided to revoke the RACA's designation.