Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An application for an exemption from one or more provisions of this Act in relation to relevant goods may be made to the Secretary by any of the following:
(a) a person who wishes to export relevant goods;
(b) the manager of an accredited property where export operations in relation to relevant goods are or will be carried out;
(c) the occupier of a registered establishment where export operations in relation to relevant goods are or will be carried out;
(d) the holder of an approved arrangement that covers export operations in relation to relevant goods;
(e) the holder of an export licence that covers export operations in relation to relevant goods.
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) However, an application for an exemption must not be made:
(a) in relation to goods that are permanently prohibited goods; or
(b) if the application is for an exemption from section 23A; or
(c) in relation to goods the export of which is prohibited by a temporary prohibition determination.
(3) An application for an exemption 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) set out the basis on which the exemption is sought; and
(d) include the information (if any) prescribed by the rules; and
(e) be accompanied by any documents prescribed by the rules; and
(f) be made:
(i) within the period prescribed by the rules; or
(ii) if the Secretary allows a different period--within that period.
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).
(4) 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 (3).
(5) An application is taken not to have been made if the application does not comply with the requirements referred to in subsection (3) for the application.