Commonwealth: Export Control (Consequential Amendments and Transitional Provisions) Act 2020 (Cth)

Export Control (Consequential Amendments and Transitional Provisions) Act 2020 No. 13, 2020 An Act to deal with consequential amendments and transitional matters arising from the enactment of the Export Control Act 2020, and for other purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Repeals of Acts Australian Meat and Live‑stock Corporation Amendment Act 1990 Australian Meat and Live‑stock Legislation (Consequential Amendments and Transitional Provisions) Act 1985 Australian Meat and Live‑stock (Quotas) Amendment Act 1995 Export Charges (Collection) Act 2015 Export Control Act 1982 Export Control Amendment Act 1991 Export Control Amendment Act 2003 Export Control Amendment (Quotas) Act 2015 Export Inspection Charges Collection Act 1985 Export Inspection Charges Laws Amendment Act 1993 Export Inspection (Establishment Registration Charges) Act 1985 Export Inspection (Establishment Registration Charges) Amendment Act 2014 Export Inspection (Quantity Charge) Act 1985 Export Inspection (Quantity Charge) Amendment Act 2014 Export Inspection (Service Charge) Act 1985 Export Inspection (Service Charge) Amendment Act 2014 Export Legislation Amendment Act 2014 Schedule 2—Consequential amendments Australian Meat and Live‑stock Industry Act 1997 Commerce (Trade Descriptions) Act 1905 Criminal Code Act 1995 Customs Act 1901 Environment Protection and Biodiversity Conservation Act 1999 Horticulture Marketing and Research and Development Services Act 2000 Inspector‑General of Live Animal Exports Act 2019 Regional Forest Agreements Act 2002 Wine Australia Act 2013 Schedule 3—Application, saving and transitional provisions Part 1—Preliminary Part 2—Exporting goods Division 1—Exemptions Division 2—Government certificates Part 3—Accredited properties Part 4—Registered establishments Part 5—Approved arrangements Part 6—Export licences Division 1—Meat and live‑stock Division 2—Hardwood wood chips and other unprocessed wood Division 3—Other provisions Part 7—Export permits Part 8—Other matters relating to export Division 1—Notices of intention to export Division 2—Trade descriptions Division 3—Official marks Division 4—Tariff rate quota orders Part 9—Powers and officials Division 1—Audits Division 2—Verifications in relation to compliance Division 3—Powers of the Secretary Division 4—Authorised officers Division 5—Approved export programs Part 10—Compliance and enforcement Part 11—Miscellaneous Division 1—Review of decisions Division 2—Confidentiality of information Division 3—Cost recovery Division 4—Records Division 5—Analysts and samples Division 6—Forfeiture of goods Division 7—Reports to Parliament about live‑stock Division 8—Miscellaneous Part 12—Transitional rules Export Control (Consequential Amendments and Transitional Provisions) Act 2020 No. 13, 2020 An Act to deal with consequential amendments and transitional matters arising from the enactment of the Export Control Act 2020, and for other purposes [Assented to 6 March 2020] The Parliament of Australia enacts: 1 Short title This Act is the Export Control (Consequential Amendments and Transitional Provisions) Act 2020. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 6 March 2020 2. Schedules 1 to 3 At the same time as section 3 of the Export Control Act 2020 commences. 3 am (A.C.T.) 28 March 2021 However, the provisions do not commence at all if that Act does not commence. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Repeals of Acts 1 Repeals of Acts Repeal the following Acts: Australian Meat and Live‑stock Corporation Amendment Act 1990 Australian Meat and Live‑stock Legislation (Consequential Amendments and Transitional Provisions) Act 1985 Australian Meat and Live‑stock (Quotas) Amendment Act 1995 Export Charges (Collection) Act 2015 Export Control Act 1982 Export Control Amendment Act 1991 Export Control Amendment Act 2003 Export Control Amendment (Quotas) Act 2015 Export Inspection Charges Collection Act 1985 Export Inspection Charges Laws Amendment Act 1993 Export Inspection (Establishment Registration Charges) Act 1985 Export Inspection (Establishment Registration Charges) Amendment Act 2014 Export Inspection (Quantity Charge) Act 1985 Export Inspection (Quantity Charge) Amendment Act 2014 Export Inspection (Service Charge) Act 1985 Export Inspection (Service Charge) Amendment Act 2014 Export Legislation Amendment Act 2014 Schedule 2—Consequential amendments Australian Meat and Live‑stock Industry Act 1997 1 Section 3 (definition of associate) Repeal the definition. 2 Section 3 Insert: Secretary means the Secretary of the Department. 3 Section 6 Repeal the section. 4 Parts 2 and 2A Repeal the Parts. 5 Subsection 70(2) Omit "(other than section 49)". 6 Section 73 Repeal the section. Commerce (Trade Descriptions) Act 1905 7 Section 10A Omit "Export Control Act 1982", substitute "Export Control Act 2020". Criminal Code Act 1995 8 Section 473.1 of the Criminal Code (paragraph (j) of the definition of primary production business) Omit "Export Control Act 1982", substitute "Export Control Act 2020". Customs Act 1901 9 Section 122R (example) Omit "Export Control Act 1982", substitute "Export Control Act 2020". Environment Protection and Biodiversity Conservation Act 1999 10 Paragraph 524(3)(b) Omit "Export Control Act 1982", substitute "Export Control Act 2020". 11 Transitional—decision to grant governmental authorisation under the Export Control Act 1982 to take an action is not an action for the Environment Protection and Biodiversity Conservation Act 1999 A decision by the Commonwealth or a Commonwealth agency to grant a governmental authorisation (however described) under the Export Control Act 1982 for another person to take an action is not an action as defined in section 524 of the Environment Protection and Biodiversity Conservation Act 1999. Horticulture Marketing and Research and Development Services Act 2000 12 Section 3 Omit: The Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000 abolishes the Australian Horticultural Corporation, the Horticultural Research and Development Corporation and the Australian Dried Fruits Board. It also deals with matters arising from the transition to the new bodies, such as transfer of staff and assets from the Corporations and a 2 year period to phase in the new export control system provided for in Part 4 of this Act. substitute: The Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000 abolishes the Australian Horticultural Corporation, the Horticultural Research and Development Corporation and the Australian Dried Fruits Board. It also deals with matters arising from the transition to the new bodies, such as transfer of staff and assets from the Corporations. The Export Control Act 2020 regulates the export of certain horticultural products. 13 Section 4 Repeal the following definitions: (a) definition of export; (b) definition of market; (c) definition of regulated horticultural market; (d) definition of regulated horticultural product. 14 Section 4 (paragraph (c) of the definition of statutory record) Repeal the paragraph, substitute: (c) any record that is the property of the industry export control body. 15 Part 4 Repeal the Part. 16 Subsection 35(1) (note) Repeal the note. Inspector‑General of Live Animal Exports Act 2019 17 Section 5 (paragraph (a) of the definition of live‑stock export official) Repeal the paragraph. 18 Section 5 (paragraphs (b) and (c) of the definition of live‑stock export official) Omit "Export Control Act 1982", substitute "Export Control Act 2020". 19 Subsection 10(1) Repeal the subsection, substitute: (1) The Inspector‑General may review the performance of functions, or exercise of powers, by live‑stock export officials under the Export Control Act 2020, or an instrument made under that Act, in relation to the export of live‑stock. 20 Saving—reviews in progress before commencement of Export Control Act 2020 (1) If the Inspector‑General of Live Animal Exports had started to conduct a review under subsection 10(1) of the Inspector‑General of Live Animal Exports Act 2019 before the commencement of this item, but the review had not been completed before that commencement, the Inspector‑General of Live Animal Exports may complete the review and publish a report on the review as if the amendment of subsection 10(1) of the Inspector‑General of Live Animal Exports Act 2019 by this Act had not happened. (2) If the Inspector‑General of Live Animal Exports had completed a review under subsection 10(1) of the Inspector‑General of Live Animal Exports Act 2019 before the commencement of this item, but had not published a report on the review before that commencement, the Inspector‑General of Live Animal Exports must publish a report on the review as required by subsection 10(3) of the Inspector‑General of Live Animal Exports Act 2019. Regional Forest Agreements Act 2002 21 Section 4 (paragraph (a) of the definition of RFA wood) Omit "regulation 4B of the Export Control (Unprocessed Wood) Regulations", substitute "rules made under section 432 of the Export Control Act 2020". 22 Section 4 (paragraph (b) of the definition of RFA wood) Omit "regulation 4C of those regulations", substitute "those rules". 23 Subsections 6(1) and (2) Omit "Export Control Act 1982" (wherever occurring), substitute "Export Control Act 2020". Wine Australia Act 2013 24 Section 45 Omit "Export Control Act 1982, or of any regulations", substitute "Export Control Act 2020, or of any regulations or other legislative instruments". Schedule 3—Application, saving and transitional provisions Part 1—Preliminary 1 Definitions (1) In this Schedule: commencement time means the time when section 3 of the new Export Control Act commences. new Export Control Act means the Export Control Act 2020. old AMLI Order means an order under section 17 of the Australian Meat and Live‑stock Industry Act 1997, as the order was in force immediately before the commencement time. old AMLI Regulations means regulations made for the purposes of old Part 2 of the AMLI Act, as those regulations were in force immediately before the commencement time. old Export Control Act means the Export Control Act 1982, as in force immediately before the commencement time. old Export Control Law means any of the following laws: (a) the old Export Control Act; (b) old Export Control Regulations; (c) an old Export Control Order; (d) old Part 2 of the AMLI Act; (e) old AMLI Regulations; (f) an old AMLI Order. old Export Control Order means an order made by the Minister under regulation 3 of the Export Control (Orders) Regulations 1982, as the order was in force immediately before the commencement time. old Export Control Regulations means regulations made under the old Export Control Act, as those regulations were in force immediately before the commencement time. old Part 2 of the AMLI Act means Part 2 of the Australian Meat and Live‑stock Industry Act 1997, as in force immediately before the commencement time. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. wood export licence means a licence to export prescribed goods that are hardwood wood chips or other kinds of unprocessed wood. Note: Before the commencement time, wood export licences could be granted under the Export Control (Hardwood Wood Chips) Regulations 1996 and the Export Control (Unprocessed Wood) Regulations (Statutory Rules 1986 No. 79, as amended). (2) An expression used in a provision of this Schedule and in the new Export Control Act has the same meaning in that provision as it has in the new Export Control Act, subject to subitems (3) and (4). (3) An expression used in a provision of this Schedule and in the old Export Control Act, old Export Control Regulations or an old Export Control Order has the same meaning in that provision as it had in the old Export Control Act, old Export Control Regulations or old Export Control Order to the extent that: (a) the use of the expression in that provision relates to an event that occurred, or a state of affairs that existed, under the old Export Control Act, old Export Control Regulations or old Export Control Order before the commencement time; or (b) the provision has the effect that a provision of the old Export Control Act, old Export Control Regulations or old Export Control Order continues to apply despite the repeal of the old Export Control Act, old Export Control Regulations or old Export Control Order. (4) An expression used in a provision of this Schedule and in old Part 2 of the AMLI Act, old AMLI Regulations or an old AMLI Order has the same meaning in that provision as it had in old Part 2 of the AMLI Act, the old AMLI Regulations or the old AMLI Order to the extent that: (a) the use of the expression in that provision relates to an event that occurred, or a state of affairs that existed, under old Part 2 of the AMLI Act, the old AMLI Regulations or the old AMLI Order before the commencement time; or (b) the provision has the effect that a provision of old Part 2 of the AMLI Act, the old AMLI Regulations or the old AMLI Order continues to apply despite the repeal of old Part 2 of the AMLI Act, the old AMLI Regulations or the old AMLI Order. 2 Section 7 of the Acts Interpretation Act 1901 This Schedule does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies in relation to the repeals and amendments made by this Act. 3 References to an old Export Control Law in continuing instruments etc. (1) This item applies in relation to an instrument, a certificate or another document that was made or given under an old Export Control Law if, under this Act, the instrument, certificate or other document continues in force, or to have effect, under or for the purposes of the new Export Control Act or rules made under that Act. Note: Examples include an instrument of exemption, a government certificate, a notice of accreditation of a property, a certificate of registration of an establishment, an approved arrangement, an export licence, an export permit, a notice of intention to export goods, an instrument of authorisation, and an instrument of approval. (2) If: (a) the instrument, certificate or other document includes a reference to an old Export Control Law or a provision of an old Export Control Law (the old provisions); and (b) the new Export Control Act, or rules made under that Act, make provision (the corresponding new provisions) in relation to the matter covered by the old provisions; and (c) the corresponding new provisions have a substantially similar effect in relation to the matter as the old provisions; then the reference to the old provisions is taken, after the commencement time, to be a reference to the corresponding new provisions. Part 2—Exporting goods Division 1—Exemptions 4 Exemptions from old Export Control Order or old AMLI Order in force immediately before commencement time (1) This item applies in relation to the export of a kind of prescribed goods (the relevant goods) to which an old Export Control Order or an old AMLI Order applied if: (a) an instrument of exemption in relation to the relevant goods was in force under the old Export Control Order or the old AMLI Order immediately before the commencement time; 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 the old AMLI Order that did not apply in relation to the relevant goods under the instrument of exemption. (2) The instrument of exemption continues in force after the commencement time as if: (a) the exemption to which the instrument of exemption relates were an exemption granted under paragraph 54(1)(a) of the new Export Control Act in relation to: (i) the relevant goods; and (ii) the corresponding new provisions; and (iii) if applicable, each importing country covered by the instrument of exemption; and (b) the instrument of exemption were an instrument of exemption for the purposes of subsection 56(1) of the new Export Control Act. (3) If the exemption was subject to conditions, the exemption continues to be subject to those conditions after the commencement time. (4) If the instrument of exemption did not provide for the exemption to cease to be in force on a day or at the end of a period, the exemption remains in force unless it is revoked under section 59 of the new Export Control Act. (5) If the instrument of exemption provided for the exemption to cease to be in force on a specified day or at the end of a specified period, the exemption remains in force until the specified day, or the end of the specified period, unless it is revoked under section 59 of the new Export Control Act. (6) Section 57 of the new Export Control Act does not apply in relation to the exemption. (7) The Secretary may vary the instrument of exemption to replace a reference to an old Export Control Law, or a provision of an old Export Control Law, with a reference to the new Export Control Act or rules made under that Act or a provision of the new Export Control Act or rules made under that Act (as the case requires). 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. Division 2—Government certificates 6 Government certificates in force immediately before commencement time (1) This item applies in relation to a certificate (a government certificate) that had been issued under an old Export Control Order in relation to goods (the relevant goods) to be exported from Australia if the certificate was in force immediately before the commencement time. (2) The government certificate continues in force after the commencement time: (a) as if it had been issued under paragraph 67(1)(a) of the new Export Control Act in relation to the relevant goods; and (b) subject to any conditions stated on the certificate. (3) The person that issued the government certificate is taken to be the issuing body for the certificate for the purposes of Part 3 of Chapter 2 of the new Export Control Act. (4) Subsection 72(1) of the new Export Control Act does not apply in relation to the government certificate. (5) The Secretary may vary the government certificate to replace a reference to an old Export Control Law, or a provision of an old Export Control Law, with a reference to the new Export Control Act or rules made under that Act or a provision of the new Export Control Act or rules made under that Act (as the case requires). 7 Government certificates issued before commencement time to take effect after that time (1) This item applies in relation to a certificate (a government certificate) that had been issued under an old Export Control Order in relation to goods (the relevant goods) to be exported from Australia if the certificate states that it takes effect on a specified date that is the date the commencement time occurs or a later date. (2) The government certificate has effect after the commencement time as if it had been issued under paragraph 67(1)(a) of the new Export Control Act in relation to the relevant goods. Note: The government certificate takes effect on the date stated in the certificate (see paragraph 72(1)(b) of the new Export Control Act). (3) The person that issued the government certificate is taken to be the issuing body for the certificate for the purposes of Part 3 of Chapter 2 of the new Export Control Act. (4) The Secretary may vary the government certificate to replace a reference to an old Export Control Law, or a provision of an old Export Control Law, with a reference to the new Export Control Act or rules made under that Act or a provision of the new Export Control Act or rules made under that Act (as the case requires). 8 Application for government certificate not decided before commencement time (1) This item applies in relation to an application that had been made under an old Export Control Order for the issue of a certificate (a government certificate) in relation to goods (the relevant goods) to be exported from Australia if no decision on the application had been made before the commencement time. (2) The application is taken after the commencement time to be an application made under subsection 65(1) of the new Export Control Act for a government certificate in relation to the relevant goods. (3) Subsections 65(2) to (4) of the new Export Control Act do not apply in relation to the application. (4) The person to whom the application was made is taken to be an issuing body for a government certificate in relation to the relevant goods for the purposes of Part 3 of Chapter 2 of the new Export Control Act. Part 3—Accredited properties 9 Accreditations in force immediately before commencement time (1) This item applies to a property that was accredited under an old Export Control Order if the accreditation of the property was in force immediately before the commencement time. (2) For the purposes of subitem (1), the accreditation of a property is taken to have been in force under an old Export Control Order immediately before the commencement time even if the accreditation of the property was suspended at that time. Accreditation continues in force (3) The accreditation of the property continues in force after the commencement time: (a) as if the property had been accredited under Chapter 3 of the new Export Control Act; and (b) subject to any conditions stated in the notice of the decision to accredit the property, or a later decision to renew the accreditation of the property, that was given to the manager of the property by the Secretary before the commencement time. Note 1: The accreditation is also subject to the conditions provided by the new Export Control Act and the conditions prescribed by rules made for the purposes of paragraph 80(1)(b) of that Act (see subsection 80(1) of that Act). Note 2: The accreditation of the property may be varied under item 16 of this Schedule or varied, suspended or revoked under Chapter 3 of the new Export Control Act. Expiry of accreditation (4) If there was no expiry date for the accreditation of the property under the old Export Control Order, the accreditation of the property continues in force unless it is revoked under Part 6 of Chapter 3 of the new Export Control Act or under rules made for the purposes of subsection 109(3) of that Act. (5) If there was an expiry date for the accreditation of the property under the old Export Control Order, the accreditation of the property continues in force until that expiry date unless: (a) it is renewed under Part 3 of Chapter 3 of the new Export Control Act on or before that date; or (b) it is revoked under Part 6 of Chapter 3 of that Act or under rules made for the purposes of subsection 109(3) of that Act on or before that date. 10 Variation of accreditation by Secretary before commencement time Show cause notice given before commencement time (1) If: (a) a notice (a show cause notice) had been given to the manager of an accredited property under an old Export Control Order to show cause, within a specified period, why a specified variation in relation to the accreditation of the property should not be made; 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 manager of the property under subsection 90(3) of the new Export Control Act. Note: The 14 day period for the manager of the property to respond to the show cause notice starts on the day the notice was given to the manager (see paragraph 90(4)(c) of the new Export Control Act). Variation made but manager not notified before commencement time (2) If: (a) the Secretary had made a variation in relation to the accreditation of a property under an old Export Control Order; and (b) the Secretary had not given the manager of the property written notice of the variation before the commencement time; the Secretary must give the manager written notice of the variation. The notice must state the information referred to in subsection 91(2) of the new Export Control Act. Variation made before commencement time to take effect after commencement time (3) If: (a) the Secretary had made a variation in relation to the accreditation of a property under an old Export Control Order; and (b) the variation had not taken effect before the commencement time; the variation takes effect: (c) as if it had been made under section 90 of the new Export Control Act; and (d) on the date specified in the notice given to the manager of the property under subsection 91(1) of that Act. 11 Suspension of accreditation Show cause notice given before commencement time (1) If: (a) a notice (a show cause notice) had been given to the manager of an accredited property under an old Export Control Order to show cause, within a specified period, why the accreditation of the property 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 manager of the property under subsection 94(2) of the new Export Control Act. Note: The 14 day period for the manager of the property to respond to the show cause notice starts on the day the notice was given to the manager (see paragraph 94(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 a person (the debtor) under an old Export Control Order because the amount of a relevant Commonwealth liability (within the meaning of the old Export Control Order) of the manager of an accredited property, or relating to the property, 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 debtor under paragraph 95(1)(b) of the new Export Control Act. Note: If, within 8 days after the notice was given to the debtor, the amount of the relevant Commonwealth liability is not paid or the debtor does not enter into an arrangement with the Secretary to pay the amount, the Secretary may suspend the accreditation of the property in relation to all kinds of export operations and all kinds of prescribed goods (see subsection 95(1) of the new Export Control Act). Accreditation suspended immediately before commencement time (3) If: (a) the accreditation of a property had been suspended under an old Export Control Order; and (b) the suspension was in force immediately before the commencement time; then the accreditation of the property is taken to be suspended after the commencement time under Part 5 of Chapter 3 of the new Export Control Act. Request to revoke suspension (4) If: (a) the accreditation of a property was suspended immediately before the commencement time; and (b) the manager of the property had, under an old Export Control Order, requested the Secretary, in writing, to revoke the suspension; and (c) either: (i) no decision in response to the request had been made before the commencement time; or (ii) a decision in response to the request had been made before the commencement time but notice of the decision had not been given to the manager of the property before that time; then the Secretary must comply with subsection 93(3) of the new Export Control Act in relation to the request as if it had been made under subsection 93(1) of that Act. Notice of suspension given before commencement time (5) If: (a) the Secretary had, under an old Export Control Order, given the manager of an accredited property notice in writing of the suspension of the accreditation of the property; and (b) the suspension had not taken effect before the commencement time; then: (c) the Secretary is taken to have decided to suspend the accreditation under subsection 94(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 accreditation 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 98 of the new Export Control Act). 12 Revocation of accreditation Notice given before commencement time by Secretary (1) If: (a) a notice (a show cause notice) had been given to the manager of a property under an old Export Control Order to show cause, within a specified period, why the accreditation of the property should not be cancelled or revoked; 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 manager of the property under subsection 102(2) of the new Export Control Act. Note: The 14 day period for the manager of the property to respond to the show cause notice starts on the day the notice was given to the manager (see paragraph 102(3)(b) of the new Export Control Act). (2) If: (a) the Secretary had, under an old Export Control Order, given the manager of an accredited property notice in writing of the cancellation or revocation of the accreditation of the property; 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 accreditation under subsection 102(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 accreditation is a reviewable decision under Part 2 of Chapter 11 of the new Export Control Act. Notice given before commencement time by manager of accredited property withdrawing property from accreditation (3) If: (a) the manager of an accredited property had, under an old Export Control Order, given written notice to the Secretary withdrawing the property from accreditation; and (b) the notice is received by the Secretary after the commencement time; then the Secretary must, under subsection 101(3) of the new Export Control Act, revoke the accreditation of the property with effect on the later of the following: (c) the day the Secretary receives the notice; (d) the day specified in the notice. Request made before commencement time by manager of accredited property to revoke accreditation (4) If the manager of an accredited property had, under an old Export Control Order, requested the Secretary, in writing, to revoke the accreditation of the property, the Secretary must, under subsection 101(3) of the new Export Control Act, revoke the accreditation with effect: (a) on the day specified in the request; or (b) if the Secretary had given the manager a notice requesting the manager to show cause why the accreditation should not be revoked and the Secretary had not decided whether to revoke the accreditation or not—on a later day that the Secretary considers appropriate. 13 Application for accreditation etc. made but not decided before commencement time (1) This item applies if: (a) an application had been made to the Secretary under an old Export Control Order: (i) to accredit a property; or (ii) to renew the accreditation of a property; or (iii) to make or approve a variation in relation to the accreditation of a property or vary the conditions of accreditation of a property; and (b) no decision on the application had been made, or had been taken to have been made, before the commencement time. (2) After the commencement time: (a) an application referred to in subparagraph (1)(a)(i) is taken to be an application made under section 78 of the new Export Control Act; and (b) an application referred to in subparagraph (1)(a)(ii) is taken to be an application made under section 83 of the new Export Control Act; and (c) an application referred to in subparagraph (1)(a)(iii) is taken to be an application made under subsection 87(1) of the new Export Control Act. Note: Section 378 of the new Export Control Act (which requires additional or corrected information in relation to an application to be given in certain circumstances) applies in relation to the application. (3) Section 377, paragraph 379(1)(a) and subsection 379(4) of the new Export Control Act do not apply in relation to the application. (4) If, under the old Export Control Order, a decision to refuse the application would have been taken to have been made at the end of a period (the old consideration period) specified in the old Export Control Order, then, in working out the consideration period for the application for the purposes of section 379 of the new Export Control Act: (a) the initial consideration period for the application is taken to be the number of days in the old consideration period instead of the period prescribed for an application of that kind by rules made for the purposes of subsection 379(3) of that Act; and (b) the period starting on the day the Secretary received the application and ending on the day immediately before the commencement time must be counted. (5) If subitem (4) does not apply in relation to the application, the consideration period for the application for the purposes of section 379 of the new Export Control Act starts on the day the commencement time occurs. Note: The initial consideration period for an application to which subitem (5) applies is the period prescribed for an application of that kind by rules made for the purposes of subsection 379(3) of the new Export Control Act. 14 Application for accreditation etc. made and decided but applicant not notified before commencement time (1) This item applies if: (a) an application had been made to the Secretary under an old Export Control Order: (i) to accredit a property; or (ii) to renew the accreditation of a property; or (iii) to make or approve a variation in relation to the accreditation of a property or vary the conditions of accreditation of a property; and (b) a decision on the application had been made, or had been taken to have been made, before the commencement time but notice of the decision had not been given to the applicant before that time. (2) The Secretary must, as soon as practicable after the commencement time, give the applicant written notice of the decision. (3) If the decision was to accredit a property, the property is taken to be accredited under Chapter 3 of the new Export Control Act. (4) If the decision was to accredit a property, or renew the accreditation of a property, the notice under subitem (2) must state the information referred to in section 81 of the new Export Control Act. (5) If the decision was to make or approve a variation or vary conditions, the notice under subitem (2) must state the information referred to in subsection 88(2) of the new Export Control Act. (6) If the Secretary had decided, or had been taken to have decided, to refuse the application, the notice under subitem (2) must state: (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. 15 Notice or direction to take action given before commencement time (1) This item applies if: (a) a person who was, or who had been, the manager of an accredited property before the commencement time had been given: (i) notice of the cancellation or revocation of the accreditation of the property under an old Export Control Order; and (ii) a notice or direction (the old notice or direction) under the old Export Control Order requiring the person to take specified action in relation to the operations and prescribed goods covered by the accreditation; and (b) the old notice or direction had not been complied with before the commencement time. (2) The person must comply with the old notice or direction. Fault‑based offence (3) The person commits an offence if the person fails to comply with the old notice or direction. Penalty: Imprisonment for 2 years or 120 penalty units, or both. Civil penalty provision (4) The person is liable to a civil penalty if the person fails to comply with the old notice or direction. Penalty: 240 penalty units. 16 Variation of documents etc. relating to accreditation to replace references to old laws (1) This item applies in relation to an accredited property if the accreditation of the property continues in force after the commencement time under subitem 9(3). (2) The Secretary may vary a document or record retained by the Secretary relating to the accreditation of the property to replace a reference to an old Export Control Law, or a provision of an old Export Control Law, with a reference to the new Export Control Act or rules made under that Act or a provision of the new Export Control Act or rules made under that Act (as the case requires). (3) The Secretary may direct the manager of the property, in writing, to vary any notice or other document or record retained by the manager relating to the accreditation of the property by replacing a reference to an old Export Control Law, or a provision of an old Export Control Law, with a reference to the new Export Control Act or rules made under that Act or a provision of the new Export Control Act or rules made under that Act (as the case requires). (4) If the manager of the property is given a direction under subitem (3), the manager must comply with the direction: (a) within 2 years after receiving it; or (b) within any longer period granted by the Secretary on application, in writing, by the manager. (5) Subparagraphs 94(1)(d)(i) and 102(1)(d)(i) of the new Export Control Act apply in relation to the accreditation of the property as if the reference to a direction in those subparagraphs included a reference to a direction given to the manager of the property under subitem (3) of this item. Note: The accreditation of the property may be suspended or revoked if the manager of the property fails to comply with the direction (see subparagraphs 94(1)(d)(i) and 102(1)(d)(i) of the new Export Control Act). Part 4—Registered establishments 17 Registrations in force immediately before commencement time (1) This item applies to an establishment that was registered under an old Export Control Order if the registration of the establishment was in force immediately before the commencement time. Note: For the purposes of the old Export Control Act and an old Export Control Order, establishment includes premises (see the definition of establishment in section 3 of the old Export Control Act). (2) For the purposes of subitem (1), the registration of an establishment is taken to have been in force under an old Export Control Order immediately before the commencement time even if the registration of the establishment was suspended, in full or in part, at that time. Registration continues in force (3) The registration of the establishment continues in force after the commencement time: (a) as if the establishment had been registered under Chapter 4 of the new Export Control Act; and (b) subject to any conditions stated in: (i) the certificate of registration of the establishment; or (ii) any later notice given to the occupier of the establishment by the Secretary before the commencement time. Note 1: The registration is also subject to the conditions provided by the new Export Control Act and the conditions prescribed by rules made for the purposes of paragraph 113(1)(b) of that Act (see subsection 113(1) of that Act). Note 2: The registration of the establishment may be varied under item 23 of this Schedule or varied, suspended or revoked under Chapter 4 of the new Export Control Act. Expiry of registration (4) If there was no expiry date for the registration of the establishment under the old Export Control Order, the registration of the establishment continues in force unless: (a) it is revoked under Part 6 of Chapter 4 of the new Export Control Act; or (b) it is taken to have been revoked under section 147 of that Act. (5) If there was an expiry date for the registration of the establishment under the old Export Control Order, the registration of the establishment continues in force until that expiry date unless: (a) it is renewed under Part 3 of Chapter 4 of the new Export Control Act on or before that date; or (b) it is revoked under Part 6 of Chapter 4 of that Act, or is taken to have been revoked under section 147 of that Act, on or before that date. 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). 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. 20 Application for registration etc. made but not decided before commencement time (1) This item applies if: (a) an application had been made to the Secretary under an old Export Control Order: (i) to register an establishment; or (ii) to renew the registration of an establishment; or (iii) to vary the registration of an establishment or approve an alteration or addition to an establishment; and (b) no decision on the application had been made, or had been taken to have been made, before the commencement time. (2) After the commencement time: (a) an application referred to in subparagraph (1)(a)(i) is taken to be an application made under section 111 of the new Export Control Act; and (b) an application referred to in subparagraph (1)(a)(ii) is taken to be an application made under section 116 of the new Export Control Act; and (c) an application referred to in subparagraph (1)(a)(iii) is taken to be an application made under subsection 120(1) of the new Export Control Act. Note: Section 378 of the new Export Control Act (which requires additional or corrected information in relation to an application to be given in certain circumstances) applies in relation to the application. (3) Section 377, paragraph 379(1)(a) and subsection 379(4) of the new Export Control Act do not apply in relation to the application. (4) If, under the old Export Control Order, a decision to refuse the application would have been taken to have been made at the end of a period (the old consideration period) specified in the old Export Control Order, then, in working out the consideration period for the application for the purposes of section 379 of the new Export Control Act: (a) the initial consideration period for the application is taken to be the number of days in the old consideration period instead of the period prescribed for an application of that kind by rules made for the purposes of subsection 379(3) of that Act; and (b) the period starting on the day the Secretary received the application and ending on the day immediately before the commencement time must be counted. (5) If subitem (4) does not apply in relation to the application, the consideration period for the application for the purposes of section 379 of the new Export Control Act starts on the day the commencement time occurs. Note: The initial consideration period for an application to which subitem (5) applies is the period prescribed for an application of that kind by rules made for the purposes of subsection 379(3) of the new Export Control Act. 21 Application for registration etc. made and decided but applicant not notified before commencement time (1) This item applies if: (a) an application had been made to the Secretary under an old Export Control Order: (i) to register an establishment; or (ii) to renew the registration of an establishment; or (iii) to vary the registration of an establishment or approve an alteration or addition to an establishment; and (b) a decision on the application had been made, or had been taken to have been made, before the commencement time but notice of the decision had not been given to the applicant before that time. (2) The Secretary must, as soon as practicable after the commencement time, give the applicant written notice of the decision. (3) If the decision was to register an establishment, the establishment is taken to be registered under Chapter 4 of the new Export Control Act. (4) If the decision was to register an establishment or renew the registration of an establishment: (a) the notice under subitem (2) must state the information referred to in paragraph 114(b) of the new Export Control Act; and (b) the Secretary must also give the applicant a certificate of registration stating the information referred to in paragraph 114(a) of the new Export Control Act. (5) If the decision was to vary the registration of an establishment or approve an alteration or addition to an establishment: (a) the notice under subitem (2) must state the information referred to in subsection 121(2) of the new Export Control Act; and (b) if the certificate of registration for the establishment needs to be changed to take account of the variation or approval, the Secretary must, within 7 days after the commencement time, give the occupier of the establishment a new certificate of registration including the variation or alteration or addition that has been approved. (6) If the Secretary had decided, or had been taken to have decided, to refuse the application, the notice under subitem (2) must state: (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. 22 Notice or direction to take action given before commencement time (1) This item applies if: (a) a person who was, or who had been, the occupier of a registered establishment before the commencement time had been given notice of the cancellation or revocation of the registration of the establishment under an old Export Control Order; and (b) the person had been given a notice or direction (the old notice or direction) under the old Export Control Order requiring the person to take specified action in relation to any of the following: (i) export operations carried out at the establishment; (ii) prescribed goods prepared at the establishment; (iii) official marks, export permits or government certificates that were in the possession, or under the control, of the person; and (c) the notice or direction had not been complied with before the commencement time. (2) The person must comply with the old notice or direction. Fault‑based offence (3) The person commits an offence if the person fails to comply with the old notice or direction. Penalty: Imprisonment for 2 years or 120 penalty units, or both. Civil penalty provision (4) The person is liable to a civil penalty if the person fails to comply with the old notice or direction. Penalty: 240 penalty units. 23 Variation of documents etc. relating to registration to replace references to old laws (1) This item applies in relation to a registered establishment if the registration of the establishment continues in force after the commencement time under subitem 17(3). (2) The Secretary may vary any document or record retained by the Secretary relating to the registration of the establishment to replace a reference to an old Export Control Law, or a provision of an old Export Control Law, with a reference to the new Export Control Act or rules made under that Act or a provision of the new Export Control Act or rules made under that Act (as the case requires). (3) The Secretary may direct the occupier of the establishment, in writing, to vary the certificate of registration for the establishment, or any notice or other document or record retained by the occupier relating to the registration of the establishment, by replacing a reference to an old Export Control Law, or a provision of an old Export Control Law, with a reference to the new Export Control Act or rules made under that Act or a provision of the new Export Control Act or rules made under that Act (as the case requires). (4) If the occupier of the establishment is given a direction under subitem (3), the occupier must comply with the direction: (a) within 2 years after receiving it; or (b) within any longer period granted by the Secretary on application, in writing, by the occupier. (5) Subparagraphs 127(1)(g)(i) and 138(1)(g)(i) of the new Export Control Act apply in relation to the registration of the establishment as if the reference to a direction in those subparagraphs included a reference to a direction given to the occupier of the establishment under subitem (3) of this item. Note: The registration of the establishment may be suspended or revoked if the occupier of the establishment fails to comply with the direction (see subparagraphs 127(1)(g)(i) and 138(1)(g)(i) of the new Export Control Act). Part 5—Approved arrangements 24 Approved arrangements in force immediately before commencement time (1) This item applies to an arrangement that was approved under an old Export Control Order if the approved arrangement was in force immediately before the commencement time. (2) For the purposes of subitem (1), an approved arrangement is taken to have been in force under an old Export Control Order immediately before the commencement time even if the approved arrangement was suspended, in full or in part, at that time. Approved arrangement continues in force (3) The approved arrangement continues in force after the commencement time: (a) as if it were an approved arrangement under Chapter 5 of the new Export Control Act; and (b) subject to any conditions stated in: (i) the notice of approval of the arrangement; or (ii) any later notice given to the holder of the arrangement by the Secretary before the commencement time. Note 1: The approved arrangement is also subject to the conditions provided by the new Export Control Act and the conditions prescribed by rules made for the purposes of paragraph 152(1)(b) of that Act (see subsection 152(1) of that Act). Note 2: The approved arrangement may be varied under item 32 of this Schedule or varied, suspended or revoked under Chapter 5 of the new Export Control Act. Holder of approved arrangement (4) For the purposes of the application of the new Export Control Act in relation to the approved arrangement, the person to whom the approval of the arrangement had been given under the old Export Control Order is the holder of the approved arrangement. Expiry of approved arrangement (5) If there was no expiry date for the approved arrangement under the old Export Control Order, the approved arrangement continues in force unless: (a) it is revoked under Part 6 of Chapter 5 of the new Export Control Act; or (b) it is taken to have been revoked under section 188 of that Act. (6) If there was an expiry date for the approved arrangement under the old Export Control Order, the approved arrangement continues in force until that expiry date unless: (a) it is renewed under Part 3 of Chapter 5 of the new Export Control Act on or before that date; or (b) it is revoked under Part 6 of Chapter 5 of that Act, or is taken to have been revoked under section 188 of that Act, on or before that date. 25 Suspension of approved arrangement Show cause notice given before commencement time (1) If: (a) a notice (a show cause notice) had been given to a person under an old Export Control Order to show cause, within a specified period, why an approved arrangement held by the person 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 person under subsection 171(2) of the new Export Control Act. Note: The 14 day period for the person to respond to the show cause notice starts on the day the notice was given to the person (see paragraph 171(3)(c) of the new Export Control Act). Notice of payment due given before commencement time (2) If: (a) a notice had been given, under an old Export Control Order, to a person (the debtor) to whom approval of an arrangement had been given, because the amount of a relevant Commonwealth liability (within the meaning of the old Export Control Order) of the debtor 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 debtor under paragraph 172(1)(b) of the new Export Control Act. Note: If, within 8 days after the notice was given to the debtor, the amount of the relevant Commonwealth liability is not paid or the debtor does not enter into an arrangement with the Secretary to pay the amount, the Secretary may suspend the approved arrangement (see subsection 172(1) of the new Export Control Act). Approved arrangement suspended immediately before commencement time (3) If: (a) an approved arrangement 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 approved arrangement is taken to be suspended, in whole or in part (as the case may be), after the commencement time under Part 5 of Chapter 5 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 a person notice in writing of the suspension, in full or in part, of an approved arrangement held by the person; and (b) the suspension had not taken effect before that time; then: (c) the Secretary is taken to have decided to suspend the approved arrangement, in full or in part in accordance with the notice, under subsection 171(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 approved arrangement is a reviewable decision under Part 2 of Chapter 11 of the new Export Control Act. Not