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EXPORT CONTROL ACT 2020 - SECT 379B

Application to approve alternative regulatory arrangement

  (1)   A person may apply to the Secretary to approve a procedure, standard or other requirement (an alternative regulatory arrangement ) in relation to a kind of export operations and a kind of prescribed goods if:

  (a)   the alternative regulatory arrangement is different from a requirement of this Act, or an industry standard or practice, that applies in relation to that kind of export operations and that kind of prescribed goods; and

  (b)   carrying out that kind of export operations in relation to that kind of prescribed goods in accordance with the alternative regulatory arrangement will:

  (i)   achieve the same purpose as the requirement of this Act , or the industry standard or practice, referred to in paragraph   (a); and

  (ii)   ensure the integrity of that kind of goods; and

  (iii)   ensure that importing country requirements relating to that kind of export operations and that kind of goods will be met.

Note:   The reference to this Act includes a reference to instruments made under this Act (see the definition of this Act in section   12).

  (2)   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).

  (3)   An application is taken not to have been made if the application does not comply with the requirements referred to in subsection   (2).



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