Export Control Act 2020

The Secretary may do any of the following in relation to the registration of an establishment:

vary any aspect of the registration, including so that it does not cover:

a kind of export operations; or

a kind of prescribed goods; or

if applicable, a place to which goods may be exported;

vary the conditions of the registration (including by imposing new conditions);

if there is no expiry date for the registration—vary the registration by setting an expiry date for the registration;

if there is an expiry date for the registration (whether under paragraph 115(4)(a) or (b))—vary the registration by setting a different expiry date for the registration;

if there is an expiry date for the registration under paragraph 115(4)(b)—vary the registration by revoking that expiry date.

If the Secretary revokes the expiry date for the registration under paragraph (e), the registration will remain in force:

if rules made for the purposes of subsection 115(5) apply in relation to the registration—for the period prescribed by the rules; or

if there are no such rules—indefinitely (unless it is revoked).

Certain decisions under subsection (1) are reviewable decisions (see Part 2 of Chapter 11).

The Secretary may make a variation in relation to the registration of an establishment under paragraph (1)(a), (b) or (c), or set an earlier expiry date for the registration under paragraph (1)(d), only if the Secretary reasonably believes that:

the integrity of a kind of prescribed goods covered by the registration cannot be ensured; or

it is necessary to do so 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

the occupier of the establishment is not a fit and proper person (having regard to the matters referred to in section 372); or

a condition of the registration has been, or is being, contravened; or

the condition of, or the equipment or facilities in, the establishment has changed; or

there has been a change to the suitability of the establishment for the export operations covered by the registration; or

it is necessary to do so:

to take account of an event notified under section 146; or

to correct a minor or technical error; or

the registration needs to be varied for any other reason prescribed by the rules.

The Secretary must not make a variation in relation to the registration of an establishment under paragraph (1)(a), (b) or (c), or set an earlier expiry date for the registration under paragraph (1)(d), unless the Secretary has given a written notice to the occupier of the establishment in accordance with subsection (4).

A notice under subsection (3) must:

specify each proposed variation; and

specify the grounds for each proposed variation; and

subject to subsection (5), 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 variation should not be made; and

include a statement setting out the occupier’s right to seek review of a decision to make the proposed variation.

A notice under subsection (3) is not required to include the request referred to in paragraph (4)(c) if the Secretary reasonably believes that the grounds for the proposed variation are serious and urgent.