Cancellation of accreditation
WEA can cancel an accreditation on mandatory or discretionary grounds.
WEA must cancel an accreditation if an accredited exporter no longer complies with the eligibility requirements for accreditation.
It should be noted that although an exporter is not eligible for accreditation if it is an externally-administered body corporate, if it becomes an externally-administered body corporate during its accreditation period it is not grounds for mandatory cancellation. It is at WEA’s discretion whether to cancel the accreditation.
Under the Act, an externally-administered body corporate has the same meaning as in the Corporations Act 2001
Note: Under section 9 of the Corporations Act 2001
the term 'externally-administered body corporate' has the following meaning:
externally-administered body corporate
means a body corporate:
(a) that is being wound up; or
(b) in respect of property of which a receiver, or a receiver and manager, has been appointed (whether or not by a court) and is acting; or
(c) that is under administration; or
(d) that has executed a deed of company arrangement that has not yet terminated; or
(e) that has entered into a compromise or arrangement with another person the administration of which has not been concluded.
This allows WEA to give the exporter an opportunity to improve its financial position which may be appropriate in certain circumstances rather than cancelling an accreditation which could prevent any financial resurrection and cause financial loss or detriment to third parties including growers.
WEA can also cancel an accreditation based upon discretionary grounds which are specified in the Scheme.
An exporter’s accreditation may be cancelled by WEA where the accredited exporter:
- has become an externally-administered body corporate;
- has not complied with a condition of its accreditation;
- has provided false or misleading information to WEA in its application for accreditation or renewal of accreditation.
Process for cancellation
WEA must consult with an accredited exporter prior to making the decision to cancel an accreditation. This applies to both mandatory cancellation and discretionary cancellation. This will give the exporter an opportunity to respond to WEA’s concerns.
If WEA makes the decision to cancel an accreditation after consulting with the accredited exporter, it will notify the exporter in writing. The notice will contain details of the cancellation and the reasons for the cancellation.
The cancellation will take effect on the day the notice is given to the exporter.
Reporting requirements of exporters post-cancellation
If WEA cancels an accreditation, the exporter is required to complete and submit two reports to the WEA.
These reports are similar to the Annual Export Report and Annual Compliance Report however they must be completed from the beginning of the marketing year (1 October) until the date the exporter was notified of the cancellation. For example, if an exporter’s accreditation was cancelled on 30 June, the report must be completed for the period 1 October to 30 June.
Post-cancellation Export Report
The Report must detail:
- The quantity of bulk wheat exported during the period, broken down by specification and country of destination; and
- The price terms and conditions offered to growers for the wheat (that was subsequently exported in bulk) acquired directly from growers during the period.
The report must be completed on the Post-cancellation Export Report form.
Post-cancellation Compliance Report
The Report details compliance with:
- All conditions of accreditation; and
- Australian laws, and foreign laws that are applicable to the exporter’s export trade in bulk wheat; and
- United Nations Sanctions provisions.
The report must be completed on the Post-cancellation Compliance Report form.