Export Control Act 2020

The Secretary must make a decision in relation to an application to which this Division applies (the relevant application) within the consideration period for the application if:

the application complies with the requirements referred to in subsections 377(1) and (2) for the application; and

the application has not been withdrawn.

An application that does not comply with the requirements referred to in subsection 377(1) or (2) for the application is taken not to have been made (see subsection 377(4)).

If the Secretary does not make a decision in relation to the relevant application within the consideration period for the application, the Secretary is taken to have refused the application at the end of that period.

The consideration period for the relevant application is the period (the initial consideration period) prescribed by the rules for an application of that kind, as extended under subsection (5), (6), (7) or (8).

The consideration period for the relevant application starts on the day after the day the Secretary receives the application.

The initial consideration period for the relevant application is extended:

for each request made under paragraph (9)(a), (b), (c) or (e)—by the number of days in the period starting on the day the request was made and ending on:

the day the request was complied with; or

if the request was not complied with within the period specified in the request—the last day of that period; and

for each thing referred to in paragraph (9)(b) that is done—by the number of days in the period during which the thing was done; and

for each test or analysis of samples taken under subparagraph (9)(b)(iv)—by the number of days in the period during which the testing or analysis was carried out; and

for each thing done under paragraph (9)(f)—by the number of days in the period during which the thing was done; and

for any other reason prescribed by the rules—by the number of days in the period prescribed by the rules in relation to that reason.

If:

the Secretary receives:

an application under section 111 to register an establishment for a kind of export operations in relation to a kind of prescribed goods; and

an application under section 150 to approve a proposed arrangement for the same kind of export operations in relation to the same kind of prescribed goods; and

either:

the applications are received at the same time (whether or not they are made using a single approved form); or

the applications are not received at the same time but the second application is received before the end of the consideration period for the first application;

If:

the Secretary receives:

an application under section 116 to renew the registration of an establishment for a kind of export operations in relation to a kind of prescribed goods; and

an application under section 155 to renew an approved arrangement covering the same kind of export operations in relation to the same kind of prescribed goods; and

either:

the applications are received at the same time (whether or not they are made using a single approved form); or

the applications are not received at the same time but the second application is received before the end of the consideration period for the first application;

If:

the Secretary receives:

an application under section 120 to make a variation in relation to the registration of an establishment or approve an alteration of an establishment; and

an application under section 161 to approve a variation of an approved arrangement, or the conditions of an approved arrangement, covering export operations carried out at the establishment to which the application referred to in subparagraph (i) applies; and

either:

the applications are received at the same time (whether or not they are made using a single approved form); or

the applications are not received at the same time but the second application is received before the end of the consideration period for the first application;

The Secretary may do any of the following in relation to the relevant application:

request the applicant, or another person who the Secretary considers may have information or documents relevant to the application or the applicant, to give the Secretary further specified information or documents relevant to the application or the applicant;

request consent to enter premises of the applicant or of another person to do any of the following things:

assess the suitability of the premises and equipment and facilities on the premises for carrying out the export operations to which the application relates;

inspect, examine or evaluate export operations or other operations carried out on the premises;

view a demonstration of export operations or other operations carried out on the premises;

take samples of goods, or from equipment used in export operations or other operations, on the premises;

take photographs of goods, or of equipment used in export operations or other operations, on the premises;

request consent to allow a person with appropriate qualifications or expertise to assist the Secretary in doing a thing under paragraph (b);

test or analyse any samples taken under subparagraph (b)(iv);

request another person with appropriate qualifications or expertise to test or analyse any samples taken under subparagraph (b)(iv);

any other thing prescribed by the rules.

See Division 2 of Part 6 of this Chapter in relation to taking, testing and analysing samples.

A request under subsection (9) must:

be in writing; and

specify the period (which must not be longer than the period prescribed by the rules) within which the request must be complied with.