Commonwealth Consolidated Acts

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EXPORT CONTROL ACT 2020 - SECT 309

General provisions relating to directions

  (1)   Unless otherwise provided by this Act, a person who is permitted to give a direction under this Act may give the direction orally or in writing (including by electronic means).

Written copy of oral direction must be given

  (2)   If a person gives a direction under this Act orally, the person must, as soon as practicable after giving the direction, also give the direction in writing (including by electronic means).

  (3)   A failure to comply with subsection   (2) does not affect the validity of the direction.

Note:   If an authorised officer fails to comply with subsection   (2), the Secretary may suspend or revoke the authorisation of the authorised officer under Division   3.

Directions are not legislative instruments

  (4)   Unless otherwise provided by this Act, a direction that is given under this Act in writing is not a legislative instrument.

Inconsistent directions

  (5)   Subject to subsection   (6), a later direction overrides an earlier direction to the extent of any inconsistency.

  (6)   If:

  (a)   a direction ( direction A ) is given by a State or Territory authorised officer or a third party authorised officer; and

  (b)   the direction is inconsistent with a direction ( direction B ) given by a Commonwealth authorised officer;

then direction B prevails and direction A, to the extent of the inconsistency, does not have any effect.



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