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

Schedule 3   Application, saving and transitional provisions

Part 2   Exporting goods

Division 1   Exemptions

5   Application for exemption from old Export Control Order or old AMLI Order made but not decided, or decision not notified, before commencement time

(1) This item applies if:

(a) an application had been made under an old Export Control Order or an old AMLI Order for an exemption from one or more provisions of an old Export Control Order or an old AMLI Order in relation to a kind of prescribed goods (the relevant goods ); and

(b) the new Export Control Act or rules made under that Act include one or more provisions (the corresponding new provisions ) that are substantially similar to the provisions of the old Export Control Order or old AMLI Order from which the exemption was sought; and

(c) either:

(i) no decision on the application had been made before the commencement time; or

(ii) a decision on the application had been made before the commencement time but notice of the decision had not been given to the applicant before that time.

Decision not made before commencement time

(2) If no decision on the application had been made before the commencement time:

(a) the application is taken after the commencement time to be an application made under section 53 of the new Export Control Act for an exemption from the corresponding new provisions in relation to the relevant goods; and

(b) subsections 53(3) to (5) of the new Export Control Act do not apply in relation to the application.

Decision made before commencement time but notice not given before that time

(3) If the Secretary had made a decision on the application before the commencement time but had not notified the applicant of the decision before that time, the Secretary must, as soon as practicable after that time, give the applicant written notice of the decision.

(4) If the Secretary had decided to grant the exemption:

(a) the decision is taken to be a decision under paragraph 54(1)(a) of the new Export Control Act to grant an exemption from the corresponding new provisions in relation to the relevant goods; and

(b) the Secretary must give the applicant an instrument of exemption stating the information referred to in subsection 56(1) of the new Export Control Act.

(5) If the Secretary had decided not to grant the exemption, the notice of the decision must include:

(a) the reasons for the decision; and

(b) information about the applicant's right to have the decision reviewed.

Note: See item 78 in relation to review of decisions.