Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

EXPORT CONTROL ACT 2020 - SECT 196

Secretary must decide whether to renew export licence

  (1)   On receiving an application under section   195 to renew an export licence, the Secretary must decide:

  (a)   to renew the licence; or

  (b)   to refuse to renew the licence.

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

Note 2:   If the application is to renew the export licence to carry out more than one kind of export operations in relation to more than one kind of prescribed goods for export to more than one place, the Secretary may decide to renew the licence to carry out some or all of those kinds of export operations in relation to some or all of those kinds of goods for export to some or all of those places.

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 export licence to carry out a kind of export operations in relation to a kind of prescribed goods 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 export licence 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 licence 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 of the licence 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 licence has complied with the requirements of this Act in relation to the export operations and prescribed goods covered by the licence;

  (d)   the conditions of the licence have been, and are being, complied with;

  (e)   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 the export licence, the Secretary may, if the Secretary considers it appropriate, set an expiry date for the licence.

Note 1:   If there is no expiry date for the export licence, the licence remains in force unless it is revoked (see subsection   194(1)).

Note 2:   A decision to set an expiry date for a renewed export licence is a reviewable decision (see Part   2 of Chapter   11).

  (4)   The Secretary may set an expiry date for the export licence under subsection   (3) even if rules made for the purposes of subsection   194(5) apply in relation to the licence.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback