Export Control Act 2020

On receiving an application under section 83 to renew the accreditation of a property, the Secretary must decide:

to renew the accreditation; or

to refuse to renew the accreditation.

See section 379 for matters relating to dealing with applications.

If the application is to renew the accreditation of the property for more than one kind of export operations in relation to more than one kind of prescribed goods for export to more than one place, the Secretary may decide to renew the accreditation for some or all of those kinds of export operations in relation to some or all of those kinds of goods for export to some or all of those places.

If the Secretary does not make a decision in relation to the application within the consideration period for the application, the Secretary is taken to have refused the application at the end of that period (see subsection 379(2)).

A decision to refuse to renew the accreditation of the property for a kind of export operations in relation to a kind of prescribed goods is a reviewable decision (see Part 2 of Chapter 11) and the Secretary must give the applicant written notice of the decision (see section 382).

The Secretary may refuse to renew the accreditation of the property for a kind of export operations in relation to a kind of prescribed goods and, if applicable, a specified place to which the goods may be exported if the Secretary is not satisfied, having regard to any matter that the Secretary considers relevant, of one or more of the following:

the requirements prescribed by rules made for the purposes of paragraph 79(2)(b) are continuing to be met;

either:

all relevant Commonwealth liabilities of the manager of the property, or relating to the property, have been paid or are taken to have been paid; or

if one or more relevant Commonwealth liabilities of the manager, or relating to the property, have not been paid or are not taken to have been paid—the non‑payment is due to exceptional circumstances;

the manager of the property has complied with the requirements of this Act;

the conditions of the accreditation have been, and are being, complied with;

any other requirement prescribed by the rules is being, or has been, met.

For the purposes of paragraph (b), a relevant Commonwealth liability of a person is taken to have been paid in certain circumstances (see section 431).

If the Secretary renews the accreditation of the property, the Secretary may, if the Secretary considers it appropriate, set an expiry date for the accreditation.

If there is no expiry date for the accreditation of a property, the accreditation remains in force unless it is revoked (see subsection 82(1)).

A decision to set an expiry date for the renewed accreditation of a property is a reviewable decision (see Part 2 of Chapter 11).

The Secretary may set an expiry date for the accreditation of the property under subsection (3) even if rules made for the purposes of subsection 82(5) apply in relation the accreditation.