Export Control (Consequential Amendments and Transitional Provisions) Act 2020 (13 of 2020)

Schedule 3   Application, saving and transitional provisions

Part 3   Accredited properties

14   Application for accreditation etc. made and decided but applicant not notified before commencement time

(1) This item applies if:

(a) an application had been made to the Secretary under an old Export Control Order:

(i) to accredit a property; or

(ii) to renew the accreditation of a property; or

(iii) to make or approve a variation in relation to the accreditation of a property or vary the conditions of accreditation of a property; and

(b) a decision on the application had been made, or had been taken to have been made, before the commencement time but notice of the decision had not been given to the applicant before that time.

(2) The Secretary must, as soon as practicable after the commencement time, give the applicant written notice of the decision.

(3) If the decision was to accredit a property, the property is taken to be accredited under Chapter 3 of the new Export Control Act.

(4) If the decision was to accredit a property, or renew the accreditation of a property, the notice under subitem (2) must state the information referred to in section 81 of the new Export Control Act.

(5) If the decision was to make or approve a variation or vary conditions, the notice under subitem (2) must state the information referred to in subsection 88(2) of the new Export Control Act.

(6) If the Secretary had decided, or had been taken to have decided, to refuse the application, the notice under subitem (2) must state:

(a) the reasons for the decision; and

(b) information about the applicant's right to have the decision reviewed.

Note: See item 78 in relation to review of decisions.