Commonwealth Consolidated Acts

EXPORT CONTROL ACT 2020 - SECT 166

  (1)   If, under paragraph   165(1)(a), the Secretary requires the holder of an approved arrangement to vary the approved arrangement, the Secretary must give the holder a written notice (a variation notice ) requiring the holder:

  (a)   to vary the approved arrangement as specified in the variation notice; and

  (b)   to give the varied approved arrangement to the Secretary, or otherwise make the varied approved arrangement available to the Secretary for evaluation, by the date specified in the variation notice.

Note:   If the holder does not comply with the variation notice, the Secretary may suspend or revoke the approved arrangement (see paragraphs 171(1)(k) and 179(1)(k)).

  (2)   If the holder complies with the variation notice, the holder is taken to have applied to the Secretary to approve the varied approved arrangement.

Secretary must decide whether to approve varied approved arrangement

  (3)   If the varied approved arrangement is given to the Secretary, or otherwise made available to the Secretary, as required by the variation notice, the Secretary must decide:

  (a)   to approve the varied approved arrangement; or

  (b)   to refuse to approve the varied approved arrangement.

  (4)   The Secretary may approve the varied approved arrangement if the Secretary is satisfied, having regard to any matter that the Secretary considers relevant, that all the variations specified in the variation notice have been made.

Note 1:   See section   379 for matters relating to dealing with applications.

Note 2:   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 3:   A decision to refuse to approve a varied approved arrangement is a reviewable decision (see Part   2 of Chapter   11) and the Secretary must give the holder of the approved arrangement written notice of the decision (see section   382).

  (5)   The Secretary may approve the varied approved arrangement subject to any conditions the Secretary considers appropriate.

Note:   A decision to approve a varied approved arrangement subject to conditions is a reviewable decision (see Part   2 of Chapter   11).

Notice of approval of varied approved arrangement

  (6)   If the Secretary approves the varied approved arrangement, the Secretary must give the holder of the varied approved arrangement a written notice stating:

  (a)   the date the varied approved arrangement takes effect; and

  (b)   any other information prescribed by the rules.

Note:   The varied approved arrangement remains in force as provided by section   154.

When varied approved arrangement takes effect

  (7)   If the holder of the approved arrangement was given a notice (a show cause notice ) under subsection   165(3) that included the request referred to in paragraph   165(4)(c), the varied approved arrangement must not take effect before the earlier of the following:

  (a)   the day after any response to the request is received by the Secretary;

  (b)   the end of 14 days after the show cause notice was given.

Note:   The varied approved arrangement remains in force as provided by section   154.