Export Control (Consequential Amendments and Transitional Provisions) Act 2020 (13 of 2020)

Schedule 3   Application, saving and transitional provisions

Part 4   Registered establishments

18   Suspension of registration

Show cause notice given before commencement time

(1) If:

(a) a notice (a show cause notice ) had been given to the occupier of a registered establishment under an old Export Control Order to show cause, within a specified period, why the registration of the establishment should not be suspended; and

(b) the period had not ended before the commencement time;

then the show cause notice continues to have effect after the commencement time as if it were a notice given to the occupier of the establishment under subsection 127(2) of the new Export Control Act.

Note: The 14 day period for the occupier of the establishment to respond to the show cause notice starts on the day the notice was given to the occupier (see paragraph 127(3)(c) of the new Export Control Act).

Notice of payment due given before commencement time

(2) If:

(a) a notice had been given to the occupier of a registered establishment under an old Export Control Order because the amount of a relevant Commonwealth liability (within the meaning of the old Export Control Order) in relation to the establishment had not been paid by the due date for payment; and

(b) the period for paying the amount, or entering into an arrangement with the Secretary to pay the amount, had not ended before the commencement time;

then the notice continues to have effect after the commencement time as if it were a notice given to the occupier of the establishment under paragraph 128(1)(b) of the new Export Control Act.

Note: If, within 8 days after the notice was given to the occupier, the amount of the relevant Commonwealth liability is not paid or the occupier does not enter into an arrangement with the Secretary to pay the amount, the Secretary may suspend the registration of the establishment in relation to all kinds of export operations and all kinds of prescribed goods (see subsection 128(1) of the new Export Control Act).

Registration suspended immediately before commencement time

(3) If:

(a) the registration of an establishment had been suspended, in full or in part, under an old Export Control Order; and

(b) the suspension was in force immediately before the commencement time;

then the registration of the establishment is taken to be suspended, in full or in part (as the case may be), after the commencement time under Part 5 of Chapter 4 of the new Export Control Act.

Notice of suspension given before commencement time

(4) If:

(a) the Secretary had, under an old Export Control Order, given the occupier of a registered establishment notice in writing of the suspension, in full or in part, of the registration of the establishment; and

(b) the suspension had not taken effect before the commencement time;

then:

(c) the Secretary is taken to have decided to suspend the registration, in full or in part in accordance with the notice, under subsection 127(1) of the new Export Control Act; and

(d) the suspension takes effect after the commencement time in accordance with the notice.

Note 1: The decision to suspend the registration is a reviewable decision under Part 2 of Chapter 11 of the new Export Control Act.

Note 2: The Secretary may revoke the suspension (see section 131 of the new Export Control Act).