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

Schedule 3   Application, saving and transitional provisions

Part 3   Accredited properties

12   Revocation of accreditation

Notice given before commencement time by Secretary

(1) If:

(a) a notice (a show cause notice ) had been given to the manager of a property under an old Export Control Order to show cause, within a specified period, why the accreditation of the property should not be cancelled or 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 given to the manager of the property under subsection 102(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 102(3)(b) of the new Export Control Act).

(2) If:

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

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

then:

(c) the Secretary is taken to have decided to revoke the accreditation under subsection 102(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 accreditation is a reviewable decision under Part 2 of Chapter 11 of the new Export Control Act.

Notice given before commencement time by manager of accredited property withdrawing property from accreditation

(3) If:

(a) the manager of an accredited property had, under an old Export Control Order, given written notice to the Secretary withdrawing the property from accreditation; and

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

then the Secretary must, under subsection 101(3) of the new Export Control Act, revoke the accreditation of the property with effect on the later of the following:

(c) the day the Secretary receives the notice;

(d) the day specified in the notice.

Request made before commencement time by manager of accredited property to revoke accreditation

(4) If the manager of an accredited property had, under an old Export Control Order, requested the Secretary, in writing, to revoke the accreditation of the property, the Secretary must, under subsection 101(3) of the new Export Control Act, revoke the accreditation with effect:

(a) on the day specified in the request; or

(b) if the Secretary had given the manager a notice requesting the manager to show cause why the accreditation should not be revoked and the Secretary had not decided whether to revoke the accreditation or not - on a later day that the Secretary considers appropriate.