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EXPORT CONTROL ACT 2020 - SECT 241

Powers of Secretary in relation to application

    The Secretary may do anything the Secretary considers necessary in relation to an application to which this Part applies, including the following:

  (a)   request, in writing, the applicant, or another person who the Secretary considers may have information or documents relevant to the application, to give the Secretary further specified information or documents relevant to the application;

  (b)   require an audit of export operations carried out in relation to the goods (the relevant goods ) to which the application relates to be conducted under Part   1 of Chapter   9;

  (c)   require an assessment of the relevant goods to be carried out under Part   2 of Chapter   9;

  (d)   request the applicant to give the Secretary a written statement, signed and dated by the applicant, verifying that:

  (i)   the requirements of this Act in relation to the export of the relevant goods have been complied with, or will be complied with before the goods are imported into the importing country; and

  (ii)   any importing country requirements relating to the relevant goods have been met, or will be met before the goods are imported into the importing country;

  (e)   take, test or analyse samples of the relevant goods or from equipment or other things relevant to the application;

  (f)   arrange for another person with appropriate qualifications or expertise to take, test or analyse samples of the relevant goods or from equipment or other things relevant to the application;

  (g)   any other thing prescribed by the rules.

Note 1:   See Division   2 of Part   6 of Chapter   11 in relation to taking, testing and analysing samples.

Note 2:   These powers may only be exercised by the Secretary or an authorised officer or APS employee in the Department to whom the powers have been subdelegated under section   288. These powers may not be subdelegated to a nominated export permit issuer (see paragraph   288(2)(c)).



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