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

Schedule 3   Application, saving and transitional provisions

Part 4   Registered establishments

23   Variation of documents etc. relating to registration to replace references to old laws

(1) This item applies in relation to a registered establishment if the registration of the establishment continues in force after the commencement time under subitem 17(3).

(2) The Secretary may vary any document or recordretained by the Secretary relating to the registration of the establishment to replace a reference to an old Export Control Law, or a provision of an old Export Control Law, with a reference to the new Export Control Act or rules made under that Act or a provision of the new Export Control Act or rules made under that Act (as the case requires).

(3) The Secretary may direct the occupier of the establishment, in writing, to vary the certificate of registration for the establishment, or any notice or other document or record retained by the occupier relating to the registration of the establishment, by replacing a reference to an old Export Control Law, or a provision of an old Export Control Law, with a reference to the new Export Control Act or rules made under that Act or a provision of the new Export Control Act or rules made under that Act (as the case requires).

(4) If the occupier of the establishment is given a direction under subitem (3), the occupier must comply with the direction:

(a) within 2 years after receiving it; or

(b) within any longer period granted by the Secretary on application, in writing, by the occupier.

(5) Subparagraphs 127(1)(g)(i) and 138(1)(g)(i) of the new Export Control Act apply in relation to the registration of the establishment as if the reference to a direction in those subparagraphs included a reference to a direction given to the occupier of the establishment under subitem (3) of this item.

Note: The registration of the establishment may be suspended or revoked if the occupier of the establishment fails to comply with the direction (see subparagraphs 127(1)(g)(i) and 138(1)(g)(i) of the new Export Control Act).