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

Schedule 3   Application, saving and transitional provisions

Part 4   Registered establishments

21   Application for registration 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 register an establishment; or

(ii) to renew the registration of an establishment; or

(iii) to vary the registration of an establishment or approve an alteration or addition to an establishment; 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 register an establishment, the establishment is taken to be registered under Chapter 4 of the new Export Control Act.

(4) If the decision was to register an establishment or renew the registration of an establishment:

(a) the notice under subitem (2) must state the information referred to in paragraph 114(b) of the new Export Control Act; and

(b) the Secretary must also give the applicant a certificate of registration stating the information referred to in paragraph 114(a) of the new Export Control Act.

(5) If the decision was to vary the registration of an establishment or approve an alteration or addition to an establishment:

(a) the notice under subitem (2) must state the information referred to in subsection 121(2) of the new Export Control Act; and

(b) if the certificate of registration for the establishment needs to be changed to take account of the variation or approval, the Secretary must, within 7 days after the commencement time, give the occupier of the establishment a new certificate of registration including the variation or alteration or addition that has been approved.

(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.