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

Schedule 3   Application, saving and transitional provisions

Part 5   Approved arrangements

26   Revocation of approved arrangement

Notice given before commencement time by Secretary

(1) If:

(a) a notice (a show cause notice ) had been given to a person under an old Export Control Order to show cause, within a specified period, why the approval of an approved arrangement held by the person should not be revoked; and

(b) the period had not ended before the commencement time;

then the show cause notice continues to have effect after the commencement time as if it were a notice to revoke the approved arrangement given to the person under subsection 179(2) of the new Export Control Act.

Note: The 14 day period for the person to respond to the show cause notice starts on the day the notice was given to the person (see paragraph 179(3)(b) of the new Export Control Act).

(2) If:

(a) the Secretary had, under an old Export Control Order, given a person notice in writing of the revocation, in full, of the approval of an approved arrangement held by the person; and

(b) the revocation had not taken effect before the commencement time;

then:

(c) the Secretary is taken to have decided to revoke the approved arrangement under subsection 179(1) of the new Export Control Act; and

(d) the revocation takes effect after the commencement time in accordance with the notice.

Note: The decision to revoke the approved arrangement is a reviewable decision under Part 2 of Chapter 11 of the new Export Control Act.

(3) If:

(a) the Secretary had, under an old Export Control Order, given a person notice in writing of the revocation, in part, of the approval of an approved arrangement held by the person; and

(b) the revocation had not taken effect before the commencement time;

then:

(c) the Secretary is taken to have decided to suspend the approved arrangement, in part, in accordance with the notice, under subsection 171(1) of the new Export Control Act; and

(d) the suspension takes effect after the commencement time in accordance with the notice.

Note: The decision to suspend the approved arrangement is a reviewable decision under Part 2 of Chapter 11 of the new Export Control Act.

Notice given before commencement time by occupier of registered establishment terminating approved arrangement

(4) If:

(a) the occupier of a registered establishment had, under an old Export Control Order, given written notice to the Secretary of the termination, in full, of the approval of the occupier's approved arrangement for the establishment; and

(b) the notice is received by the Secretary after the commencement time;

then the Secretary must, under subsection 178(3) of the new Export Control Act, revoke the approved arrangement with effect:

(c) 7 days after the notice is given to the Secretary; or

(d) if a later day is specified in the notice - on that later day.

(5) If:

(a) the occupier of a registered establishment had, under an old Export Control Order, given written notice to the Secretary of the termination, in part, of the approval of the occupier's approved arrangement for the establishment; and

(b) the notice is received by the Secretary after the commencement time;

then the Secretary must, under subsection 169(5) of the new Export Control Act, suspend the approved arrangement, in part, in accordance with the notice, with effect:

(c) 7 days after the notice is given to the Secretary; or

(d) if a later day is specified in the notice - on that later day.