Export Control Act 2020

If the rules provide for a notice of intention to export a consignment of prescribed goods to be given, the notice must:

if the Secretary has approved, in writing, a manner for giving the notice—be given in an approved manner; and

if the Secretary has approved a form for the notice:

include the information required by the form; and

be accompanied by any documents required by the form; and

include the information (if any) prescribed by the rules; and

be accompanied by any documents prescribed by the rules; and

be given by a person prescribed by the rules in relation to the goods; and

be given to the person prescribed by the rules; and

be given:

at the time or within the period prescribed by the rules; or

if the Secretary allows a different time or a different period in relation to the consignment—at that time or within that period.

The export of a kind of prescribed goods may be prohibited unless a notice of intention to export the goods is given (see section 29 and rules made for the purposes of that section).

A person may commit an offence or be liable to a civil penalty if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 368 and 369 of this Act).

The Secretary may accept any information or document previously given to the Secretary in connection with an application made under this Act, or a notice of intention to export given under this Act, as satisfying any requirement to give that information or document under subsection (1).

A notice of intention to export a consignment of prescribed goods is taken not to have been given if the notice does not comply with the requirements referred to in subsection (1) for the notice.

To avoid doubt, the Secretary may approve:

different forms for notices of intention to export different kinds of prescribed goods; or

a single form for a notice of intention to export a consignment of prescribed goods and one or more applications under this Act.

The rules may:

provide that the Secretary may approve, or refuse to approve, a notice of intention to export a consignment of a kind of prescribed goods that is given in compliance with the requirements referred to in subsection (1) for the notice; and

make provision for and in relation to matters related to the Secretary’s decision to approve or refuse to approve the notice.