Export Control Act 2020

For the purposes of this Chapter, a person (the first person) is taken to be a person who participates or would participate in the management or control of an export business or proposed export business of another person if:

the first person has, or would have, authority to direct the export operations, or an important or substantial part of the export operations, carried out, or to be carried out, by or in connection with the other person’s export business or proposed export business; or

the first person has, or would have, authority to direct another person who has, or would have, authority of the kind referred to in paragraph (a) in the exercise of that authority or proposed authority.

If:

a corporation (the first corporation) has applied for, or is the holder of, an export licence; and

a corporation (the related corporation) that is related to the first corporation proposes to carry out, or carries out, export operations in relation to a kind of prescribed goods to which the application relates or that are covered by the export licence; and

the export operations are proposed to be carried out, or are carried out, wholly or partly, in connection with the export business, or proposed export business, of the first corporation;

For the purposes of subsection (2), the question whether corporations are related to each other is to be determined in the same manner as that question would be determined under the Corporations Act 2001.