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

Schedule 3   Application, saving and transitional provisions

Part 3   Accredited properties

11   Suspension of accreditation

Show cause notice given before commencement time

(1) If:

(a) a notice (a show cause notice ) had been given to the manager of an accredited property under an old Export Control Order to show cause, within a specified period, why the accreditation of the property should not be suspended; 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 given to the manager of the property under subsection 94(2) of the new Export Control Act.

Note: The 14 day period for the manager of the property to respond to the show cause notice starts on the day the notice was given to the manager (see paragraph 94(3)(c) of the new Export Control Act).

Notice of payment due given before commencement time

(2) If:

(a) a notice had been given to a person (the debtor ) under an old Export Control Order because the amount of a relevant Commonwealth liability (within the meaning of the old Export Control Order) of the manager of an accredited property, or relating to the property, had not been paid by the due date for payment; and

(b) the period for paying the amount, or entering into an arrangement with the Secretary to pay the amount, had not ended before the commencement time;

then the notice continues to have effect after the commencement time as if it were a notice given to the debtor under paragraph 95(1)(b) of the new Export Control Act.

Note: If, within 8 days after the notice was given to the debtor, the amount of the relevant Commonwealth liability is not paid or the debtor does not enter into an arrangement with the Secretary to pay the amount, the Secretary may suspend the accreditation of the property in relation to all kinds of export operations and all kinds of prescribed goods (see subsection 95(1) of the new Export Control Act).

Accreditation suspended immediately before commencement time

(3) If:

(a) the accreditation of a property had been suspended under an old Export Control Order; and

(b) the suspension was in force immediately before the commencement time;

then the accreditation of the property is taken to be suspended after the commencement time under Part 5 of Chapter 3 of the new Export Control Act.

Request to revoke suspension

(4) If:

(a) the accreditation of a property was suspended immediately before the commencement time; and

(b) the manager of the property had, under an old Export Control Order, requested the Secretary, in writing, to revoke the suspension; and

(c) either:

(i) no decision in response to the request had been made before the commencement time; or

(ii) a decision in response to the request had been made before the commencement time but notice of the decision had not been given to the manager of the property before that time;

then the Secretary must comply with subsection 93(3) of the new Export Control Act in relation to the request as if it had been made under subsection 93(1) of that Act.

Notice of suspension given before commencement time

(5) If:

(a) the Secretary had, under an old Export Control Order, given the manager of an accredited property notice in writing of the suspension of the accreditation of the property; and

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

then:

(c) the Secretary is taken to have decided to suspend the accreditation under subsection 94(1) of the new Export Control Act; and

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

Note 1: The decision to suspend the accreditation is a reviewable decision under Part 2 of Chapter 11 of the new Export Control Act.

Note 2: The Secretary may revoke the suspension (see section 98 of the new Export Control Act).