Export Control Act 2020

The Secretary may do any of the following in relation to an export licence:

vary any aspect of the licence, 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 licence (including by imposing new conditions);

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

if there is an expiry date for the licence (whether under paragraph 194(4)(a) or (b))—vary the licence by setting a different expiry date for the licence;

if there is an expiry date for the licence under paragraph 194(4)(b)—vary the licence by revoking that expiry date.

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

if rules made for the purposes of subsection 194(5) apply in relation to the licence—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 an export licence under paragraph (1)(a), (b) or (c), or set an earlier expiry date for the licence under paragraph (1)(d), only if the Secretary reasonably believes that:

the integrity of a kind of prescribed goods covered by the licence 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 licence; or

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

if the holder of the licence 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 holder is not a fit and proper person; or

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

it is necessary to do so:

to take account of an event notified under section 219; or

to correct a minor or technical error; or

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

The Secretary must not make a variation in relation to an export licence under paragraph (1)(a), (b) or (c), or set an earlier expiry date for the licence under paragraph (1)(d), unless the Secretary has given a written notice to the holder of the licence 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 holder of the export licence 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 holder’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.