Commonwealth Consolidated Acts

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EXPORT CONTROL ACT 2020 - SECT 146

Notice of changes to occupier of registered establishment

  (1)   The occupier of a registered establishment must notify the Secretary, in writing, as soon as practicable after any of the following events occurs:

  (a)   there is a change in the occupier's business structure;

  (b)   if the occupier is an individual--the individual enters into a personal insolvency agreement under Part   X of the Bankruptcy Act 1966 ;

  (c)   if the occupier is a corporation--the corporation:

  (i)   enters into administration (within the meaning of section   435C of the Corporations Act 2001 ); or

  (ia)   begins restructuring (within the meaning of section   453A of that Act); or

  (ii)   is to be wound up (whether by a court or voluntarily);

  (d)   there is a change in the trading name, business address or contact details of the occupier;

  (e)   any other event prescribed by the rules.

Example:   For the purposes of paragraph   (a), each of the following would be a change in the occupier's business structure:

(a)   a change in a person who manages or controls export operations carried out at the establishment;

(b)   if the occupier is a partnership--a change in the membership of the partnership.

Note:   The Secretary may suspend or revoke the registration of an establishment if:

(a)   the occupier of the establishment is not a fit and proper person (see paragraphs 127(1)(b) and 138(1)(b)); or

(b)   the occupier fails to comply with this subsection   (see paragraphs 127(1)(j) and 138(1)(j)).

Civil penalty provision

  (2)   A person is liable to a civil penalty if:

  (a)   the person is required to notify the Secretary of an event in accordance with subsection   (1); and

  (b)   the person fails to comply with the requirement.

Civil penalty:   60 penalty units.



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