Export Control Act 2020

If an application for an export permit is made under section 224, the Secretary must decide:

to issue the permit; or

to refuse to issue the permit.

If the application is for an export permit for more than one kind of prescribed goods for export to more than one place, the Secretary may decide to issue an export permit for some or all of those kinds of goods for export to some or all of those places.

A nominated export permit issuer may issue an export permit for certain kinds of prescribed goods in certain circumstances (see the definition of nominated export permit issuer in section 12 and paragraph 288(2)(c)).

A decision in relation to the application may be made by the operation of a computer program (see section 286).

The Secretary may have regard to any matter the Secretary considers relevant in relation to the application, including the following:

whether the requirements of this Act have been complied with, or will be complied with before the goods to which the application relates are imported into the importing country;

whether the importing country requirements relating to the goods to which the application relates have been met, or will be met before the goods are imported into the importing country;

whether any other requirement prescribed by the rules has been met, or will be met before the goods to which the application relates are imported into the importing country.

The Secretary may also exercise powers under section 241 in relation to the application.

If the Secretary decides not to issue the export permit, the Secretary must give the applicant written notice of the decision.