Regulation of Importsand Exports Act 1995 · 2020 Revised Edition · Part 3 · Trade Information Certificates
10C. Conditions of authorisation
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The Director‑General may impose any condition that the Director‑General thinks fit on the authorisation of a person as an authorised certificate issuer, including the matters that the person may certify, and the circumstances under which the person may certify, under the authorisation.
The Director-General may impose different conditions in respect of —
Director-General
“Director-General” means the Director-General of Customs appointed under section 4(1) of the Customs Act 1960;
different classes of authorised certificate issuers according to the class, description or type of trade information certificates that they may issue;
different classes, descriptions or types of goods in respect of which authorised certificate issuers may issue trade information certificates; or
authorised certificate issuers under different circumstances.
Without limiting subsection (1), the Director‑General may impose a condition requiring the authorised certificate issuer concerned to comply with —
any written law; or
any lawful requirement imposed by the Government or any public authority established under any public Act for a public purpose,that is applicable to the issue, form or content of trade information certificates to which the authorised certificate issuer’s authorisation relates.
The Director-General may at any time (without compensation) modify, remove or add conditions of the authorisation of an authorised certificate issuer, but before modifying or adding any condition to an authorisation, the Director-General must serve a written notice on the authorised certificate issuer of the Director‑General’s intention.
The written notice must —
state the modification or addition that the Director‑General proposes to make; and
specify the time (being at least 14 days after the service of the written notice on the authorised certificate issuer) within which written representations may be made to the Director‑General with respect to the proposed modification or addition.
On receiving any written representation mentioned in subsection (5)(b), the Director-General must consider the representation and may —
reject the representation;
amend the proposed modification or addition in the manner that the Director-General thinks fit having regard to the representation; or
withdraw the proposed modification or addition.
The Director-General must serve a written notice on the authorised certificate issuer of the Director-General’s decision under subsection (6) and, in the case of subsection (6)(a) or (b), must specify in the notice the date from which the decision takes effect.
To avoid doubt, the conditions imposed under this section must not be inconsistent with this Part or any regulations made under section 10I.