Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsRevocation on other grounds
(1) The Secretary may revoke the accreditation of person as an AACA if:
(a) any information given in the AACA's application under regulation 4.48 is false or misleading in a material particular; or
(b) if the AACA's site has been inspected in accordance with paragraph 4.48(3)(b) or 4.51A(4)(b)--any information given during the inspection is false or misleading in a material particular; or
(c) the AACA has not accepted an action proposed in a notice issued under regulation 4.51; or
(d) the AACA has accepted an action proposed in a notice issued under regulation 4.51 but the AACA has not restricted the AACA'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 AACA's accreditation--any information given in the AACA's application under regulation 4.51A is false or misleading in a material particular; or
(f) the AACA's business no longer includes the handling, or making arrangements for the transport, of cargo; or
(g) the AACA has failed to comply with the AACA security program for the AACA; or
(h) the AACA has failed to comply with a direction to vary the AACA's security program under regulation 4.51FD; or
(i) the AACA has failed to comply with a special security direction under section 73 of the Act.
Notice of proposed revocation
(2) Before deciding to revoke an AACA's accreditation under subregulation (1), the Secretary must:
(a) notify the AACA, in writing, of:
(i) the proposed revocation; and
(ii) the reasons for the proposed revocation; and
(b) invite the AACA to:
(i) make a submission as to why the AACA's accreditation 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 AACA's accreditation under subregulation (1), the Secretary must consider any submissions made within the response period.
(5) The Secretary must:
(a) notify the AACA, 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 AACA's accreditation, 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 AACA's accreditation 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 AACA was given a notice under subregulation (5)--the day after the AACA was given the notice; or
(b) if the AACA was not given a notice under subregulation (5)--the day after the Secretary is taken, under subregulation (7), to have decided to revoke the AACA's accreditation.