Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Secretary may vary an export permit, or any conditions of an export permit specified under paragraph 227(1)(b) (including by imposing new conditions), only if:
(a) the Secretary reasonably believes that circumstances prescribed by the rules exist; or
(b) the variation is necessary to correct a minor or technical error.
Note: Conditions of an export permit prescribed by rules made for the purposes of paragraph 227(1)(a) may be varied by amending the rules.
(2) Conditions of an export permit that are varied under subsection (1) may be required to be complied with before or after the export of the goods to which the export permit relates.
(3) The Secretary may vary an export permit, or conditions of the permit, under subsection (1):
(a) on the Secretary's own initiative; or
(b) on application by the holder of the permit.
Note 1: Section 239 sets out requirements for applications.
Note 2: The Secretary may exercise powers under section 241 in relation to an application under paragraph (b) of this subsection.
(4) If the Secretary varies an export permit under subsection (1), the Secretary must:
(a) issue the varied permit to the holder of the permit; and
(b) if the variation was made on the Secretary's own initiative--give the holder a written notice stating the reasons for the variation.
(5) If the Secretary varies conditions of an export permit under subsection (1), the Secretary must give the holder of the permit a written notice stating the following:
(a) the varied conditions and any new conditions;
(b) if the variation was made on the Secretary's own initiative--the reasons for the varied conditions;
(c) the date the varied conditions are to take effect.
(6) If:
(a) the holder of an export permit applies to the Secretary to vary the permit or conditions of the permit; and
(b) the Secretary decides not to make the variation in accordance with the application;
the Secretary must give the applicant written notice of the decision. The notice must include the reasons for the decision.