Regulation of Importsand Exports Act 1995 · 2020 Revised Edition · Part 3 · Trade Information Certificates
10D. Cancellation or suspension of authorisation
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The Director-General may (without compensation) cancel, or suspend for a period not exceeding 6 months, the authorisation of an authorised certificate issuer (X) if the Director‑General is satisfied that —
Director-General
“Director-General” means the Director-General of Customs appointed under section 4(1) of the Customs Act 1960;
X obtained the authorisation or renewal of authorisation by fraud or misrepresentation;
X is contravening or not complying with, or has contravened or failed to comply with —
a condition of the authorisation; or
any provision of this Act or any regulations made under this Act; or
X is no longer a fit and proper person to be such authorised certificate issuer.
Before the Director-General takes any regulatory action against X, the Director-General must serve a written notice on X of the Director‑General’s intention.
The written notice must —
state the regulatory action that the Director‑General proposes to take and the reason for the regulatory action; 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 regulatory action.
On receiving any written representation mentioned in subsection (3)(b), the Director-General must consider the representation and may —
proceed with the proposed regulatory action;
where the proposed regulatory action was a suspension of the authorisation, proceed instead with a suspension of a duration that is different from what was proposed, or with a cancellation;
where the proposed regulatory action was a cancellation of the authorisation, proceed instead with a suspension of the authorisation; or
not proceed with the proposed regulatory action.
The Director-General must serve a written notice on X of the Director‑General’s decision under subsection (4) and, in the case of subsection (4)(a), (b) or (c), must specify in the notice the date from which the decision takes effect.
The cancellation or suspension of the authorisation of an authorised certificate issuer does not prejudice the enforcement by any person of any right or claim against the former authorised certificate issuer or authorised certificate issuer, or by the former authorised certificate issuer or authorised certificate issuer of any right or claim against any person.
In this section, “regulatory action” means the cancellation or suspension of the authorisation of an authorised certificate issuer under subsection (1).