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

Schedule 3   Application, saving and transitional provisions

Part 4   Registered establishments

19   Revocation of registration

Notice given before commencement time by Secretary

(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 cancelled or revoked, in full or in part; 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) (for in part cancellation or revocation) or subsection 138(2) (for in full cancellation or revocation) 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 paragraphs 127(3)(c) and 138(3)(b) of the new Export Control Act).

(2) If:

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

(b) the cancellation or revocation had not taken effect before the commencement time;

then:

(c) the Secretary is taken to have decided to revoke the registration under subsection 138(1) of the new Export Control Act; and

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

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

(3) If:

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

(b) the cancellation or revocation had not taken effect before the commencement time;

then:

(c) the Secretary is taken to have decided to suspend the registration, 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: The decision to suspend the registration is a reviewable decision under Part 2 of Chapter 11 of the new Export Control Act.

Notice given before commencement time by occupier of registered establishment terminating or ceasing registration

(4) If:

(a) the occupier of a registered establishment had, under an old Export Control Order, notified the Secretary, in writing:

(i) of the termination, in full, of the registration of the establishment; or

(ii) that the occupier wished the registration to cease; and

(b) the notice is received by the Secretary after the commencement time;

then the Secretary must, under subsection 137(3) of the new Export Control Act, revoke the registration of the establishment with effect:

(c) 7 days after the notice is given to the Secretary; or

(d) if a later day is specified in the notice - on that later day.

(5) If:

(a) the occupier of a registered establishment had, under an old Export Control Order, notified the Secretary, in writing, of the termination, in part, of the registration of the establishment; and

(b) the notice is received by the Secretary after the commencement time;

then the Secretary must, under subsection 125(5) of the new Export Control Act, suspend the registration of the establishment, in part, in accordance with the notice, with effect:

(c) 7 days after the notice is given to the Secretary; or

(d) if a later day is specified in the notice - on that later day.