Notice of changes to occupier of registered establishment
146 Notice of changes to occupier of registered establishment
The occupier of a registered establishment must notify the Secretary, in writing, as soon as practicable after any of the following events occurs:
there is a change in the occupier’s business structure;
if the occupier is an individual—the individual enters into a personal insolvency agreement under Part X of the Bankruptcy Act 1966;
if the occupier is a corporation—the corporation:
enters into administration (within the meaning of section 435C of the Corporations Act 2001); or
begins restructuring (within the meaning of section 453A of that Act); or
is to be wound up (whether by a court or voluntarily);
there is a change in the trading name, business address or contact details of the occupier;
any other event prescribed by the rules.
For the purposes of paragraph (a), each of the following would be a change in the occupier’s business structure:
a change in a person who manages or controls export operations carried out at the establishment;
if the occupier is a partnership—a change in the membership of the partnership.
The Secretary may suspend or revoke the registration of an establishment if:
the occupier of the establishment is not a fit and proper person (see paragraphs 127(1)(b) and 138(1)(b)); or
the occupier fails to comply with this subsection (see paragraphs 127(1)(j) and 138(1)(j)).
Civil penalty provision
A person is liable to a civil penalty if:
the person is required to notify the Secretary of an event in accordance with subsection (1); and
the person fails to comply with the requirement.
Civil penalty: 60 penalty units.
This Act’s bill:Explanatory memorandumSecond reading speech
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