Export Control Act 2020

The manager of an accredited property may apply to the Secretary:

to vary the accreditation in relation to any of the following matters (including by adding or removing any of those matters):

kinds of export operations;

kinds of prescribed goods;

if applicable, places to which goods may be exported; or

to approve a variation of the accreditation so that it covers:

an alteration of the property, being an alteration of a kind prescribed by the rules; or

the carrying out of export operations on an additional part of the property, or on another property, in the circumstances prescribed by the rules; or

to vary the conditions of the accreditation; or

to vary the particulars relating to the accreditation to make a minor change to a matter (including to correct a minor or technical error); or

to vary any other aspect of the accreditation.

For the purposes of paragraph (e), a variation may be needed to change the name of a person who manages or controls, or will manage or control, export operations covered by the accreditation.

Section 377 sets out requirements for applications. A single application may be made to make or approve a variation in relation to the accreditation of a property and to renew the accreditation of the property.

If the Secretary receives an application under subsection (1) to make a variation or give an approval, the Secretary must decide:

to make the variation or give the approval; or

to make the variation, or give the approval, with additional conditions or variations of conditions; or

to refuse to make the variation or give the approval.

See section 379 for matters relating to dealing with applications.

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 approve the application with additional conditions or variations of conditions, or to refuse the application, 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 make a decision under paragraph (2)(a) or, subject to subsections (4) and (5), paragraph (2)(ab), if the Secretary is satisfied, having regard to any matter that the Secretary considers relevant, that, if the decision is made:

the requirements prescribed by rules made for the purposes of paragraph 79(2)(b) would continue to be met; and

any other requirement prescribed by the rules would be met.

The Secretary may make the variation, or give the approval, with additional conditions or variations of conditions under paragraph (2)(ab) only if the Secretary reasonably believes that the additional conditions or variations of conditions are necessary:

to ensure the requirements prescribed by rules made for the purposes of paragraph 79(2)(b) will continue to be met; or

to ensure compliance with a condition of the accreditation; or

to correct a minor or technical error; or

for any other reason prescribed by the rules.

The Secretary must not make a decision under paragraph (2)(ab) unless the Secretary has given a written notice to the manager of the accredited property in accordance with subsection (6).

The written notice must:

specify each proposed additional condition or variation of a condition; and

specify the grounds for each proposed additional condition or variation of a condition; and

request the manager of the property to give the Secretary, within 14 days after the day the notice is given, a written statement showing cause why the proposed additional conditions or variations of conditions should not be made; and

include a statement setting out the manager’s right to seek a review of a decision made under paragraph (2)(ab).