Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) On receiving an application under section 155 to renew an approved arrangement, the Secretary must decide:
(a) to renew the approved arrangement; or
(b) to refuse to renew the approved arrangement.
Note 1: See section 379 for matters relating to dealing with applications.
Note 2: If the application is to renew more than one approved arrangement, the Secretary may decide to renew some or all of the approved arrangements.
Note 3: If the Secretary does not make a decision in relation to the application within the consideration period for the application, the Secretary is taken to have refused the application at the end of that period (see subsection 379(2)).
Note 4: A decision to refuse to renew an approved arrangement is a reviewable decision (see Part 2 of Chapter 11) and the Secretary must give the applicant written notice of the decision (see section 382).
(2) The Secretary may refuse to renew the approved arrangement if the Secretary is not satisfied, having regard to any matter that the Secretary considers relevant, of one or more of the following:
(a) if the holder of the approved arrangement is a kind of person who is required by rules made for the purposes of section 373 to be a fit and proper person for the purposes of this Chapter--the holder is a fit and proper person;
(b) either:
(i) all relevant Commonwealth liabilities of the holder have been paid or are taken to have been paid; or
(ii) if one or more relevant Commonwealth liabilities of the holder have not been paid or are not taken to have been paid--the non - payment is due to exceptional circumstances;
(c) the holder of the approved arrangement has complied with the requirements of this Act in relation to the export operations and goods covered by the approved arrangement;
(d) the conditions of the approved arrangement have been, and are being, complied with;
(e) carrying out a kind of export operations in relation to a kind of prescribed goods in accordance with the approved arrangement will ensure:
(i) compliance with the requirements of this Act in relation to those export operations and goods; and
(ii) that importing country requirements relating to those export operations and goods will be met;
(f) any other requirement prescribed by the rules is met.
Note: For the purposes of paragraph (b), a relevant Commonwealth liability of a person is taken to have been paid in certain circumstances (see section 431).
(3) If the Secretary renews an approved arrangement, the Secretary may, if the Secretary considers it appropriate, set an expiry date for the approved arrangement.
Note 1: If there is no expiry date for the approved arrangement, the approved arrangement remains in force unless it is revoked (see subsection 154(1)).
Note 2: A decision to set an expiry date for a renewed approved arrangement is a reviewable decision (see Part 2 of Chapter 11).
(4) The Secretary may set an expiry date for the approved arrangement under subsection (3) even if rules made for the purposes of subsection 154(5) apply in relation to the approved arrangement.