Export Control Act 2020

A person may apply to the Secretary to approve a procedure, standard or other requirement (an alternative regulatory arrangement) in relation to a kind of export operations and a kind of prescribed goods if:

the alternative regulatory arrangement is different from a requirement of this Act, or an industry standard or practice, that applies in relation to that kind of export operations and that kind of prescribed goods; and

carrying out that kind of export operations in relation to that kind of prescribed goods in accordance with the alternative regulatory arrangement will:

achieve the same purpose as the requirement of this Act, or the industry standard or practice, referred to in paragraph (a); and

ensure the integrity of that kind of goods; and

ensure that importing country requirements relating to that kind of export operations and that kind of goods will be met.

The reference to this Act includes a reference to instruments made under this Act (see the definition of this Act in section 12).

An application must:

if the Secretary has approved, in writing, a manner for making an application—be made in an approved manner; and

if the Secretary has approved a form for making an application:

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.

A person may commit an offence or be liable to a civil penalty if the person makes a false or misleading statement in an application or provides false or misleading information or documents (see sections 136.1, 137.1 and 137.2 of the Criminal Code and sections 367, 368 and 369 of this Act).

An application is taken not to have been made if the application does not comply with the requirements referred to in subsection (2).