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

Schedule 3   Application, saving and transitional provisions

Part 5   Approved arrangements

29   Application for approval of proposed arrangement etc. made and decided but applicant not notified before commencement time

(1) This item applies if:

(a) an application had been made to the Secretary under an old Export Control Order:

(i) to approve a proposed arrangement in respect of operations to prepare a kind of prescribed goods for export; or

(ii) to renew an approved arrangement; or

(iii) to approve a variation of an approved arrangement; and

(b) a decision on the application had been made, or had been taken to have been made, before the commencement time but notice of the decision had not been given to the applicant before that time.

(2) The Secretary must, as soon as practicable after the commencement time, give the applicant written notice of the decision.

(3) If the decision was to approve a proposed arrangement, the arrangement is taken to be an approved arrangement under Chapter 5 of the new Export Control Act.

(4) If the decision was to approve a proposed arrangement, or renew an approved arrangement, the notice under subitem (2) must state the information referred to in section 153 of the new Export Control Act.

(5) If the decision was to approve a variation of an approved arrangement, the notice under subitem (2) must state the information referred to in subsection 162(2) of the new Export Control Act.

(6) If the Secretary had decided, or had been taken to have decided, to refuse the application, the notice under subitem (2) must state:

(a) the reasons for the decision; and

(b) information about the applicant's right to have the decision reviewed.

Note: See item 78 in relation to review of decisions.