Commonwealth Consolidated Acts

EXPORT CONTROL ACT 2020 - SECT 79

  (1)   On receiving an application under section   78 to accredit a property, the Secretary must decide:

  (a)   to accredit the property; or

  (b)   to refuse to accredit the property.

Note 1:   See section   379 for matters relating to dealing with applications.

Note 2:   If the application is to accredit the property for more than one kind of export operations in relation to more than one kind of prescribed goods for export to more than one place, the Secretary may decide to accredit the property for some or all of those kinds of export operations in relation to some or all of those kinds of goods for export to some or all of those places.

Note 3:   If the Secretary does not make a decision in relation to the application within the consideration period for the application, the Secretary is taken to have refused the application at the end of that period (see subsection   379(2)).

Note 4:   A decision to refuse to accredit a property for a kind of export operations in relation to a kind of prescribed goods is a reviewable decision (see Part   2 of Chapter   11) and the Secretary must give the applicant written notice of the decision (see section   382).

  (2)   The Secretary may accredit the property for a kind of export operations in relation to a kind of prescribed goods and, if applicable, a specified place to which the goods may be exported if the Secretary is satisfied, having regard to any matter that the Secretary considers relevant, that the following requirements are met:

  (a)   either:

  (i)   all relevant Commonwealth liabilities of the manager of the property, or relating to the property, have been paid or are taken to have been paid; or

  (ii)   if one or more relevant Commonwealth liabilities of the manager, or relating to the property, have not been paid or are not taken to have been paid--the non - payment is due to exceptional circumstances;

  (b)   any other requirements prescribed by the rules.

Note:   For the purposes of paragraph   (a), a relevant Commonwealth liability of a person is taken to have been paid in certain circumstances (see section   431).

  (3)   Without limiting paragraph   (2)(b), the rules may prescribe requirements in relation to any or all of the following:

  (a)   the manager of a property;

  (b)   the kind of property;

  (c)   a kind of export operations;

  (d)   a kind of prescribed goods;

  (e)   importing country requirements relating to a kind of export operations or a kind of prescribed goods.

  (4)   If the Secretary accredits the property, the Secretary may, if the Secretary considers it appropriate, set an expiry date for the accreditation.

Note 1:   If there is no expiry date for the accreditation of a property, the accreditation remains in force unless it is revoked (see subsection   82(1)).

Note 2:   A decision to set an expiry date for the accreditation of a property is a reviewable decision (see Part   2 of Chapter   11).

  (5)   The Secretary may set an expiry date for the accreditation of the property under subsection   (4) even if rules made for the purposes of subsection   82(5) apply in relation to the accreditation.