Recycling and Waste Reduction Act 2020

The CEO may suspend an export licence in relation to one or more kinds of regulated waste material, one or more kinds of export operations or one or more places to which the regulated waste material may be exported, if the CEO reasonably believes any of the following:

a condition of the licence has been, or is being, contravened;

the holder of the licence has contravened a requirement of this Act in relation to the licence;

it is necessary to do so to prevent or lessen a threat to human or environmental health;

the holder of the licence is not a fit and proper person;

the holder of the licence:

failed to comply with a direction given to the holder by an authorised officer or the CEO; or

failed to comply with a request by an authorised officer to provide information or a document; or

failed to provide facilities and assistance to an auditor as required by section 115; or

failed to comply with a request made by an auditor under section 113;

the holder of the licence:

intimidated a person performing functions or exercising powers under this Act; or

hindered a person, or prevented a person from, performing functions or exercising powers under this Act;

the holder of the licence or any other person who participates in the management or control of the holder’s export business (as provided by section 62):

made a false or misleading statement in an application under this Act; or

gave false or misleading information or documents to the CEO or to another person performing functions or exercising powers under this Act; or

gave false or misleading information or documents to a person under a prescribed law;

the holder of the licence is or was an associate of a person referred to in paragraph 63(1)(a), (b), (c) or (d);

a ground prescribed by the rules exists.

The CEO must have regard to the matters in section 175 in considering whether the holder is a fit and proper person for the purposes of paragraph (d).

A suspension must not be for more than 12 months (see section 49).

A decision to suspend an export licence under this section is a reviewable decision (see section 151) and the CEO must give the person written notice of the decision (see section 152).

The CEO must not suspend an export licence under this section unless the CEO has given a written notice to the holder of the licence in accordance with subsection (3).

The notice must:

specify each kind of regulated waste material, each kind of export operations and each place, in relation to which the export licence is proposed to be suspended (as applicable); and

specify the grounds for the proposed suspension; and

subject to subsection (4), request the holder of the export licence to give the CEO, within 14 days after the day the notice is given, a written statement showing cause why the licence should not be suspended as proposed; and

include a statement setting out the holder’s right to seek review of a decision to suspend the licence as proposed.

The notice is not required to include the request referred to in paragraph (3)(c) if the CEO reasonably believes that the suspension is necessary to prevent or lessen a serious and imminent threat to human or environmental health.