Export Control Act 2020

Subject to section 298 (which applies in relation to third party authorised officers), the Secretary may, at any time, by notice in writing given to a person who is an authorised officer, do any of the following in relation to the person’s authorisation as an authorised officer:

vary the functions that the person may perform, or the powers that the person may exercise, as an authorised officer under this Act;

vary any conditions to which the person’s authorisation is subject under paragraph 292(1)(b) (including by imposing new conditions);

if the person’s instrument of authorisation specifies a period during which it has effect—vary the period during which the authorisation has effect;

if the person’s instrument of authorisation does not specify a period during which it has effect—vary the authorisation to specify a period during which the authorisation is to have effect;

vary any other aspect of the person’s authorisation.

A decision under this subsection in relation to a third party authorised officer is a reviewable decision (see Part 2 of Chapter 11).

If the person was given a notice (a show cause notice) under subsection 298(3) that included the request referred to in paragraph 298(3)(b), the variation must not take effect before the earlier of the following:

the day after any response to the request is received by the Secretary;

the end of 14 days after the show cause notice was given.

If the Secretary makes a variation in relation to a person’s authorisation as an authorised officer under subsection (1), the Secretary must:

vary the person’s instrument of authorisation to include the variation; and

give the person the varied instrument of authorisation.