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EXPORT CONTROL ACT 2020 - SECT 222

Secretary may give directions to holder of export licence

  (1)   The Secretary may give written directions to the holder of an export licence.

Note 1:   An authorised officer may also give a direction to the holder of the export licence (see section   305).

Note 2:   See also section   309 (general provisions relating to directions).

  (2)   Without limiting subsection   (1), directions given under that subsection may:

  (a)   prohibit (either absolutely or unless particular conditions are complied with) a kind of export operations being carried out in relation to a kind of prescribed goods by reference to any matter that the Secretary considers appropriate; or

  (b)   require the holder of the licence to obtain the approval of the Secretary before carrying out a kind of export operations in relation to a kind of prescribed goods; or

  (c)   require the holder of the licence to carry out specified activities in connection with a kind of export operations carried out in relation to a kind of prescribed goods; or

  (d)   require the holder of the licence to give the Secretary specified information or documents relating to a kind of export operations carried out in relation to a kind of prescribed goods; or

  (e)   require the holder of the licence to allow the Secretary, or a person with appropriate qualifications or expertise, to enter premises where a kind of export operations are being carried out in relation to a kind of prescribed goods covered by the licence; or

  (f)   do anything else prescribed by the rules.

  (3)   In considering whether to give a direction under subsection   (1), the Secretary must have regard to the matters prescribed by the rules.

  (4)   An export licence is subject to the condition that the holder of the licence must comply with any directions given from time to time to the holder under this section.

Note:   The holder of an export licence may commit an offence or be liable to a civil penalty if a condition of the licence is contravened (see section   217).

  (5)   If a direction given to the holder of an export licence under subsection   (1) is inconsistent with the rules or a condition of the licence, the direction prevails and the rules or condition, to the extent of the inconsistency, do not have any effect.

 



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