Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to the following persons:
(a) an applicant for the accreditation of a property under section 78;
(b) the manager of an accredited property;
(c) an applicant for the registration of an establishment under section 111, and any other person who manages or controls, or would manage or control, export operations carried out in relation to prescribed goods at the establishment;
(d) the occupier of a registered establishment, and any other person who manages or controls export operations carried out in relation to prescribed goods at the establishment;
(e) subject to subsection (2), each of the following:
(i) an applicant for approval of a proposed arrangement under section 150, and any other person who is to manage or control or carry out export operations covered by the proposed arrangement;
(ii) the holder of an approved arrangement;
(iii) a person who manages or controls or carries out export operations covered by an approved arrangement;
(f) subject to subsection (3), each of the following:
(i) an applicant for an export licence under section 190, and a person who participates or would participate in the management or control of the applicant's export business or proposed export business (as provided by section 220);
(ii) the holder of an export licence;
(iii) a person who participates or would participate in the management or control of the applicant's export business or proposed export business (as provided by section 220);
(g) any other person who carries out export operations, or performs functions or duties or exercises powers under this Act, and is prescribed by the rules.
(2) This section applies to a person referred to in a subparagraph of paragraph (1)(e) only if the person is a kind of person who is required by rules made for the purposes of section 373 to be a fit and proper person for the purposes of Chapter 5 (approved arrangements).
(3) This section applies to a person referred to in a subparagraph of paragraph (1)(f) only if the person is a kind of person who is required by rules made for the purposes of section 373 to be a fit and proper person for the purposes of Chapter 6 (export licences).
(4) If a person to whom this section applies is convicted of an offence against, or ordered to pay a pecuniary penalty under, any Australian law for a contravention involving fraud or dishonesty, the person must notify the Secretary, in writing, of the conviction or order as soon as practicable after the person is convicted or the order is made.
(5) If a person to whom this section applies becomes aware that an associate of the person has been convicted of an offence against, or ordered to pay a pecuniary penalty under, any Australian law for a contravention involving fraud or dishonesty, the person must notify the Secretary, in writing, of the conviction or order as soon as practicable after the person becomes aware of the conviction or order.
(6) A person is liable to a civil penalty if:
(a) the person is required to notify the Secretary of a conviction or order under subsection (4) or (5); and
(b) the person fails to comply with the requirement.
Civil penalty: 60 penalty units.
(7) Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).