Commonwealth Numbered Acts

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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 section 16 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: For the right to have a decision revoking a tradex order under this section reconsidered, 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is revoked under this section, the Secretary must cause to be entered in the Register a statement that the order has been revoked and the date on which the revocation comes into force.



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