Commonwealth Consolidated Acts

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EXPORT CONTROL ACT 2020 - SECT 239

Requirements for applications

  (1)   An application must:

  (a)   if the Secretary has approved, in writing, a manner for making an application--be made in an approved manner; and

  (b)   if the Secretary has approved a form for making an application:

  (i)   include the information required by the form; and

  (ii)   be accompanied by any documents required by the form; and

  (c)   include the information (if any) prescribed by the rules; and

  (d)   be accompanied by any documents prescribed by the rules.

Note:   A person may commit an offence or be liable to a civil penalty if the person makes a false or misleading statement in an application or provides false or misleading information or documents (see sections   136.1, 137.1 and 137.2 of the Criminal Code and sections   367, 368 and 369 of this Act).

  (2)   The Secretary may accept any information or document previously given to the Secretary in connection with an application made under this Act, or a notice of intention to export a consignment of prescribed goods given under this Act, as satisfying any requirement to give that information or document under subsection   (1).

  (3)   An application is taken not to have been made if the application does not comply with the requirements referred to in subsection   (1) for the application.

  (4)   To avoid doubt, the Secretary may approve:

  (a)   different forms for applications relating to different kinds of prescribed goods; or

  (b)   a single form for more than one kind of application.

Example:   The Secretary may approve a single form to be used to apply for an export permit for a kind of prescribed goods and a government certificate in relation to the goods.



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