Export Control Act 2020

The Secretary may do any of the following in relation to the accreditation of a property:

vary any aspect of the accreditation, including so that it does not cover:

a kind of export operations; or

a kind of prescribed goods; or

if applicable, a place to which goods may be exported;

vary the conditions of the accreditation (including by imposing new conditions);

if there is no expiry date for the accreditation—vary the accreditation by setting an expiry date for the accreditation;

if there is an expiry date for the accreditation (whether under paragraph 82(4)(a) or (b))—vary the accreditation by setting a different expiry date for the accreditation;

if there is an expiry date for the accreditation under paragraph 82(4)(b)—vary the accreditation by revoking that expiry date.

If the Secretary revokes the expiry date for the accreditation under paragraph (e), the accreditation will remain in force:

if rules made for the purposes of subsection 82(5) apply in relation to the accreditation—for the period prescribed by the rules; or

if there are no such rules—indefinitely (unless it is revoked).

Certain decisions under subsection (1) are reviewable decisions (see Part 2 of Chapter 11).

The Secretary may make a variation in relation to the accreditation of a property under paragraph (1)(a), (b) or (c), or set an earlier expiry date for the accreditation under paragraph (1)(d), only if the Secretary reasonably believes that:

the requirements prescribed by rules made for the purposes of paragraph 79(2)(b) are no longer being met; or

a condition of the accreditation has been, or is being, contravened; or

it is necessary to do so:

to take account of an event notified under section 108; or

to correct a minor or technical error; or

the accreditation needs to be varied for any other reason prescribed by the rules.

The Secretary must not make a variation in relation to the accreditation of a property under paragraph (1)(a), (b) or (c), or set an earlier expiry date for the accreditation under paragraph (1)(d), unless the Secretary has given a written notice to the manager of the property in accordance with subsection (4).

A notice under subsection (3) must:

specify each proposed variation; and

specify the grounds for each proposed variation; and

subject to subsection (5), 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 variation should not be made; and

include a statement setting out the manager’s right to seek review of a decision to make the proposed variation.

A notice under subsection (3) is not required to include the request referred to in paragraph (4)(c) if the Secretary reasonably believes that the grounds for the proposed variation are serious and urgent.