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

Schedule 3   Application, saving and transitional provisions

Part 5   Approved arrangements

25   Suspension of approved arrangement

Show cause notice given before commencement time

(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 an approved arrangement held by the person 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 person under subsection 171(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 171(3)(c) of the new Export Control Act).

Notice of payment due given before commencement time

(2) If:

(a) a notice had been given, under an old Export Control Order, to a person (the debtor ) to whom approval of an arrangement had been given, because the amount of a relevant Commonwealth liability (within the meaning of the old Export Control Order) of the debtor 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 172(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 approved arrangement (see subsection 172(1) of the new Export Control Act).

Approved arrangement suspended immediately before commencement time

(3) If:

(a) an approved arrangement had been suspended, in full or in part, under an old Export Control Order; and

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

then the approved arrangement is taken to be suspended, in whole or in part (as the case may be), after the commencement time under Part 5 of Chapter 5 of the new Export Control Act.

Notice of suspension given before commencement time

(4) If:

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

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

then:

(c) the Secretary is taken to have decided to suspend the approved arrangement, in full or 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 1: The decision to suspend the approved arrangement 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 175 of the new Export Control Act).