Export Control Act 2020

The occupier of a registered establishment may apply to the Secretary:

to vary the registration in relation to any of the following matters (including by adding or removing any of those matters):

kinds of export operations;

kinds of prescribed goods;

if applicable, places to which goods may be exported; or

to approve an alteration of the establishment (including an addition to the establishment); or

to vary the conditions of the registration; or

to vary the particulars relating to the registration to make a minor change to a matter (including to correct a minor or technical error); or

to vary any other aspect of the registration.

For the purposes of paragraph (e), a variation may be needed to change the name of a person who manages or controls, or will manage or control, export operations covered by the registration.

Section 377 sets out requirements for applications. A single application may be made to make or approve a variation in relation to the registration of an establishment and to renew the registration of the establishment.

If the Secretary receives an application under subsection (1) to make a variation or approve an alteration, the Secretary must decide:

to make the variation or approve the alteration; or

to make the variation, or approve the alteration, with additional conditions or variations of conditions; or

to refuse to make the variation or approve the alteration.

See section 379 for matters relating to dealing with applications.

If the Secretary does not make a decision in relation to the application within the consideration period for the application, the Secretary is taken to have refused the application at the end of that period (see subsection 379(2)).

A decision to approve the application with additional conditions or variations of conditions, or to refuse the application, is a reviewable decision (see Part 2 of Chapter 11) and the Secretary must give the applicant written notice of the decision (see section 382).

The Secretary may make a decision under paragraph (2)(a) or, subject to subsections (4) and (5), paragraph (2)(ab), if the Secretary is satisfied, having regard to any matter that the Secretary considers relevant, that, if the decision is made:

the requirements referred to in paragraphs 112(2)(b) to (f) would continue to be met; and

any other requirement prescribed by the rules would be met; and

in the case of a variation because a new person (other than the occupier of the registered establishment) has started, or is to start, managing or controlling export operations at the registered establishment—the occupier of the registered establishment is a fit and proper person (having regard to the matters referred to in section 372).

The occupier of a registered establishment may commit an offence or be liable to a civil penalty if:

the establishment is altered (including by way of addition to the establishment); and

the alteration has not been approved, or the occupier has not been given notice of the approval (see section 122).

The Secretary may make the variation, or approve the alteration, with additional conditions or variations of conditions under paragraph (2)(ab) only if the Secretary reasonably believes that the additional conditions or variations of conditions are necessary:

to ensure the integrity of a kind of prescribed goods covered by the registration; or

to ensure:

compliance with the requirements of this Act in relation to the export operations and prescribed goods covered by the registration; or

that importing country requirements relating to the export operations and prescribed goods covered by the registration are, or will be, met; or

to ensure compliance with a condition of the registration; or

to address circumstances relating to the condition of, or the equipment or facilities in, the registered establishment that have changed or will change; or

to address circumstances relating to a change to the suitability of the establishment for the export operations covered by the registration; or

to correct a minor or technical error; or

for any other reason prescribed by the rules.

The Secretary must not make a decision under paragraph (2)(ab) unless the Secretary has given a written notice to occupier of the establishment in accordance with subsection (6).

The written notice must:

specify each proposed additional condition or variation of a condition; and

specify the grounds for each proposed additional condition or variation of condition; and

request the occupier of the establishment to give the Secretary, within 14 days after the day the notice is given, a written statement showing cause why the proposed additional conditions or variations of conditions should not be made; and

include a statement setting out the occupier’s right to seek a review of a decision made under paragraph (2)(ab).