Control of Exports Act 2023

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Termination of suspension

35. (1) A holder of an authorisation whose authorisation has been suspended under section 34 may apply to the Minister before the expiry of the period of the suspension, upon the compliance by the holder with a condition attached under section 34 (6) or having otherwise remedied the reasons for the suspension and in accordance with regulations under section 36 , to terminate the suspension.

(2) The holder of an authorisation who makes an application under subsection (1) shall furnish information, in such form as may be specified by the Minister, to satisfy the Minister that the suspension of the authorisation may be terminated.

(3) The Minister may request the holder of the authorisation to furnish further information for the purpose of making a decision on an application under subsection (1).

(4) Where the Minister makes a request under subsection (3), the application under subsection (1) shall not be considered until the holder of the authorisation concerned complies with that request.

(5) The Minister, having considered an application under subsection (1) and any information furnished under subsection (2) or (3), may decide to—

(a) terminate the suspension of the authorisation, or

(b) refuse to terminate the suspension of the authorisation.

(6) The Minister shall give notice to the holder of the authorisation of his or her decision, and, subject to subsection (7), provide the reasons for it and that the decision may be appealed under section 43 .

(7) Where the Minister believes that providing reasons for his or her decision under subsection (5) would create a risk to the security or public order of the State, he or she—

(a) may decide not to provide the recipient of the notice with such reasons to the extent necessary in order to avoid or minimise such risk, and

(b) shall include in the notice under subsection (5) a statement to the effect that he or she is declining to give reasons under this subsection for the decision.