Direction to deal with non‑compliance with the requirements of this Act etc
305 Direction to deal with non‑compliance with the requirements of this Act etc
Grounds for giving direction
An authorised officer may give a direction to a person (a relevant person) referred to in column 1 of an item in the following table if an authorised officer reasonably believes that a ground referred to in column 2 of that item exists.
Directions to deal with non‑compliance with the requirements of this Act etc. | ||
|---|---|---|
Item | Column 1 Relevant person | Column 2 Grounds for giving direction |
1 | The manager of an accredited property | Any of the following: (a) a condition of the accreditation of the property has been contravened, or it is likely that such a condition will be contravened; (b) the manager has not complied, or is likely not to comply, with a requirement of this Act; (c) the integrity of particular prescribed goods, or a kind of prescribed goods, covered by the accreditation cannot be ensured, or it is likely that the integrity of particular prescribed goods, or a kind of prescribed goods, covered by the accreditation will not be able to be ensured; (d) particular prescribed goods, or a kind of prescribed goods, covered by the accreditation: (i) do not comply, or are not likely to comply, with a requirement of this Act that applies in relation to the goods; or (ii) do not meet, or are not likely to meet, an importing country requirement relating to the goods |
2 | The occupier of a registered establishment | Any of the following: (a) a condition of the registration of the establishment has been contravened, or it is likely that such a condition will be contravened; (b) the occupier has not complied, or is likely not to comply, with a requirement of this Act; (c) the integrity of particular prescribed goods, or a kind of prescribed goods, covered by the registration cannot be ensured, or it is likely that the integrity of particular prescribed goods, or a kind of prescribed goods, covered by the registration will not be able to be ensured; (d) particular prescribed goods, or a kind of prescribed goods, covered by the registration: (i) do not comply, or are not likely to comply, with a requirement of this Act that applies in relation to the goods; or (ii) do not meet, or are not likely to meet, an importing country requirement relating to the goods |
3 | The holder of an approved arrangement | Any of the following: (a) a condition of the approved arrangement has been contravened, or it is likely that such a condition will be contravened; (b) the holder has not complied, or is likely not to comply, with a requirement of this Act; (c) the integrity of particular prescribed goods, or a kind of prescribed goods, covered by the approved arrangement cannot be ensured, or it is likely that the integrity of particular prescribed goods, or a kind of prescribed goods, covered by the approved arrangement will not be able to be ensured; (d) particular prescribed goods, or a kind of prescribed goods, covered by the approved arrangement: (i) do not comply, or are not likely to comply, with a requirement of this Act that applies in relation to the goods; or (ii) do not meet, or are not likely to meet, an importing country requirement relating to the goods |
4 | The holder of an export licence | Any of the following: (a) a condition of the export licence has been contravened, or it is likely that such a condition will be contravened; (b) the holder has not complied, or is likely not to comply, with a requirement of this Act; (c) the integrity of particular prescribed goods, or a kind of prescribed goods, covered by the export licence cannot be ensured, or it is likely that the integrity of particular prescribed goods, or a kind of prescribed goods, covered by the licence will not be able to be ensured; (d) particular prescribed goods, or a kind of prescribed goods, covered by the licence: (i) do not comply, or are not likely to comply, with a requirement of this Act that applies in relation to the goods; or (ii) do not meet, or are not likely to meet, an importing country requirement relating to the goods |
5 | The applicant for an export permit for a kind of prescribed goods | Some or all of the goods: (a) do not comply, or are not likely to comply, with a requirement of this Act that applies in relation to the goods; or (b) do not meet, or are not likely to meet, an importing country requirement relating to the goods |
6 | The holder of an export permit for a kind of prescribed goods | Some or all of the goods: (a) do not comply, or are not likely to comply, with a requirement of this Act that applies in relation to the goods; or (b) do not meet, or are not likely to meet, an importing country requirement relating to the goods |
7 | The person who gave a notice of intention to export a consignment of a kind of prescribed goods | Some or all of the goods in the consignment: (a) do not comply, or are not likely to comply, with a requirement of this Act that applies in relation to the goods; or (b) do not meet, or are not likely to meet, an importing country requirement relating to the goods |
8 | A person of a kind prescribed by the rules (who may be a relevant person referred to in another item of this table) | A ground prescribed by the rules |
Content of direction
A direction under subsection (1) must require the relevant person to take specified action (which may include to cease carrying out export operations in relation to particular prescribed goods or a kind of prescribed goods), within a specified period, to deal with the ground for giving the direction.
An authorised officer may give more than one direction relating to a ground (see subsection 33(1) of the Acts Interpretation Act 1901).
See also section 309 (general provisions relating to directions).
However, a direction under subsection (1) must not require the relevant person to cease carrying out export operations in relation to particular prescribed goods, or a kind of prescribed goods, unless an authorised officer reasonably believes that:
one or more of the following grounds exists:
the goods do not comply, or it is likely that the goods do not comply, with a requirement of this Act that applies in relation to the goods;
the goods do not meet, or it is likely that the goods do not meet, an importing country requirement relating to the goods;
the integrity of the goods cannot be ensured;
a ground prescribed by the rules; and
that ground, or those grounds, cannot be dealt with other than by ceasing the relevant export operations.
A direction under subsection (1) that is given in writing must state that the relevant person may be liable to a civil penalty if the person fails to comply with the direction.
Civil penalty provision
A person who is given a direction under subsection (1) must comply with the direction.
Civil penalty: 60 penalty units.
Subsection (5) does not apply if:
the direction was given in writing and the direction did not include the statement referred to in subsection (4); or
the direction was given orally and the authorised officer did not take reasonable steps to inform the person that the person may be liable to a civil penalty for failing to comply with the direction.
A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).
For the purposes of paragraph (6)(b), it is sufficient if the following form of words is used: “You may be liable to a civil penalty if you fail to comply with this direction”.
This Act’s bill:Explanatory memorandumSecond reading speech
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