Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Secretary may do any of the following in relation to an approved arrangement:
(a) require the holder of the approved arrangement to vary any aspect of the approved arrangement, including so that it does not cover:
(i) a kind of export operations; or
(ii) a kind of prescribed goods; or
(iii) if applicable, a place to which goods may be exported;
(b) vary the conditions of the approved arrangement (including by imposing new conditions);
(c) if there is no expiry date for the approved arrangement--vary the approved arrangement by setting an expiry date for the approved arrangement;
(d) if there is an expiry date for the approved arrangement (whether under paragraph 154(4)(a) or (b))--vary the approved arrangement by setting a different expiry date for the approved arrangement;
(e) if there is an expiry date for the approved arrangement under paragraph 154(4)(b)--vary the approved arrangement by revoking that expiry date.
Note 1: If the Secretary revokes the expiry date for the approved arrangement under paragraph (e), the approved arrangement will remain in force:
(a) if rules made for the purposes of subsection 154(5) apply in relation to the approved arrangement--for the period prescribed by the rules; or
(b) if there are no such rules--indefinitely (unless it is revoked).
Note 2: Certain decisions under subsection (1) are reviewable decisions (see Part 2 of Chapter 11).
(2) The Secretary may require the holder of the approved arrangement to vary the approved arrangement under paragraph (1)(a), or make a variation in relation to the approved arrangement under paragraph (1)(b) or (c), or set an earlier expiry date for the approved arrangement under paragraph (1)(d), only if the Secretary reasonably believes that:
(a) the integrity of a kind of prescribed goods covered by the approved arrangement cannot be ensured; or
(b) if the holder 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 not a fit and proper person; or
(c) export operations covered by the approved arrangement have not been, or are not being, carried out in accordance with the approved arrangement, or a condition of the approved arrangement has been, or is being, contravened; or
(d) circumstances relating to a kind of export operations carried out in relation to a kind of prescribed goods covered by the approved arrangement have changed; or
(e) it is necessary to do so to ensure:
(i) compliance with the requirements of this Act in relation to the export operations and goods covered by the approved arrangement; or
(ii) that importing country requirements relating to the export operations and goods covered by the approved arrangement are met; or
(f) an importing country requirement relating to a kind of prescribed goods covered by the approved arrangement has changed; or
(g) it is necessary to do so:
(i) to take account of an event notified under section 186; or
(ii) to correct a minor or technical error; or
(h) the approved arrangement needs to be varied for any other reason prescribed by the rules.
Notice of certain proposed variations
(3) The Secretary must not require the holder to vary the approved arrangement under paragraph (1)(a), or make a variation in relation to the approved arrangement under paragraph (1)(b) or (c), or set an earlier expiry date for the approved arrangement under paragraph (1)(d), unless the Secretary has given a written notice to the holder of the approved arrangement in accordance with subsection (4).
(4) A notice under subsection (3) must:
(a) specify each proposed variation; and
(b) specify the grounds for each proposed variation; and
(c) subject to subsection (5), request the holder of the approved arrangement to give the Secretary, within 14 days after the day the notice is given, a written statement showing cause why the proposed variation should not be made; and
(d) include a statement setting out the holder's right to seek review of a decision to make the proposed variation.
(5) A notice under subsection (3) is not required to include the request referred to in paragraph (4)(c) if the Secretary reasonably believes that the grounds for the proposed variation are serious and urgent.