Export Control Act 2020

On receiving an application under section 190 for an export licence, the Secretary must decide:

to grant the applicant an export licence; or

to refuse to grant the applicant an export licence.

See section 379 for matters relating to dealing with applications.

If the application is for an export licence to carry out more than one kind of export operations in relation to more than one kind of prescribed goods for export to more than one place, the Secretary may decide to grant the applicant an export licence to carry out some or all of those kinds of export operations in relation to some or all of those kinds of goods for export to some or all of those places.

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 refuse to grant an export licence to carry out a kind of export operations in relation to a kind of prescribed goods 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 grant the applicant an export licence if the Secretary is satisfied, having regard to any matter that the Secretary considers relevant, that the following requirements are met:

if the applicant is a kind of person who is required by rules made for the purposes of section 373 to be a fit and proper person for the purposes of this Chapter—the applicant is a fit and proper person;

either:

all relevant Commonwealth liabilities of the applicant have been paid or are taken to have been paid; or

if one or more relevant Commonwealth liabilities of the applicant have not been paid or are not taken to have been paid—the non‑payment is due to exceptional circumstances;

the applicant is, and is likely to continue to be, able to comply with the conditions to which the export licence, if granted, would be subject;

any other requirement prescribed by the rules.

For the purposes of paragraph (b), a relevant Commonwealth liability of a person is taken to have been paid in certain circumstances (see section 431).

If the Secretary grants the applicant an export licence, the Secretary may, if the Secretary considers it appropriate, set an expiry date for the licence.

If there is no expiry date for the export licence, the licence remains in force unless it is revoked (see subsection 194(1)).

A decision to set an expiry date for an export licence is a reviewable decision (see Part 2 of Chapter 11).

The Secretary may set an expiry date for the export licence under subsection (3) even if rules made for the purposes of subsection 194(5) apply in relation to the licence.