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

Schedule 3   Application, saving and transitional provisions

Part 4   Registered establishments

22   Notice or direction to take action given before commencement time

(1) This item applies if:

(a) a person who was, or who had been, the occupier of a registered establishment before the commencement time had been given notice of the cancellation or revocation of the registration of the establishment under an old Export Control Order; and

(b) the person had been given a notice or direction (the old notice or direction ) under the old Export Control Order requiring the person to take specified action in relation to any of the following:

(i) export operations carried out at the establishment;

(ii) prescribed goods prepared at the establishment;

(iii) official marks, export permits or government certificates that were in the possession, or under the control, of the person; and

(c) the notice or direction had not been complied with before the commencement time.

(2) The person must comply with the old notice or direction.

Fault-based offence

(3) The person commits an offence if the person fails to comply with the old notice or direction.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Civil penalty provision

(4) The person is liable to a civil penalty if the person fails to comply with the old notice or direction.

Penalty: 240 penalty units.