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

Schedule 3   Application, saving and transitional provisions

Part 5   Approved arrangements

24   Approved arrangements in force immediately before commencement time

(1) This item applies to an arrangement that was approved under an old Export Control Order if the approved arrangement was in force immediately before the commencement time.

(2) For the purposes of subitem (1), an approved arrangement is taken to have been in force under an old Export Control Order immediately before the commencement time even if the approved arrangement was suspended, in full or in part, at that time.

Approved arrangement continues in force

(3) The approved arrangement continues in force after the commencement time:

(a) as if it were an approved arrangement under Chapter 5 of the new Export Control Act; and

(b) subject to any conditions stated in:

(i) the notice of approval of the arrangement; or

(ii) any later notice given to the holder of the arrangement by the Secretary before the commencement time.

Note 1: The approved arrangement is also subject to the conditions provided by the new Export Control Act and the conditions prescribed by rules made for the purposes of paragraph 152(1)(b) of that Act (see subsection 152(1) of that Act).

Note 2: The approved arrangement may be varied under item 32 of this Schedule or varied, suspended or revoked under Chapter 5 of the new Export Control Act.

Holder of approved arrangement

(4) For the purposes of the application of the new Export Control Act in relation to the approved arrangement, the person to whom the approval of the arrangement had been given under the old Export Control Order is the holder of the approved arrangement.

Expiry of approved arrangement

(5) If there was no expiry date for the approved arrangement under the old Export Control Order, the approved arrangement continues in force unless:

(a) it is revoked under Part 6 of Chapter 5 of the new Export Control Act; or

(b) it is taken to have been revoked under section 188 of that Act.

(6) If there was an expiry date for the approved arrangement under the old Export Control Order, the approved arrangement continues in force until that expiry date unless:

(a) it is renewed under Part 3 of Chapter 5 of the new Export Control Act on or before that date; or

(b) it is revoked under Part 6 of Chapter 5 of that Act, or is taken to have been revoked under section 188 of that Act, on or before that date.