112BInvalidation of licence, permission etc. for false or misleading information

112B  Invalidation of licence, permission etc. for false or misleading information

  A licence, permission, consent or approval granted in respect of the exportation of UN‑sanctioned goods is taken never to have been granted if:

 (a) an application for the licence, permission, consent or approval was made in an approved form; and

 (b) information contained in, or information or a document accompanying, the form:

 (i) was false or misleading in a material particular; or

 (ii) omitted any matter or thing without which the information or document is misleading in a material particular.

Division 1AA—Export of goods for a military end‑use

112BA  Notice prohibiting export

 (a) the Defence Minister suspects that, if a person (the first person) were to export particular goods to a particular place or to a particular person, the goods would or may be for a military end‑use that would prejudice the security, defence or international relations of Australia; and

 (b) the goods are not prohibited exports under section 112;

the Defence Minister may give the first person a notice prohibiting the first person from exporting the goods to the particular place or particular person.

Note: Section 112BB deals with giving notices under this section.

Reasons for notice

 (2) A notice given to a person under subsection (1) must set out the Defence Minister’s reasons for giving the notice.

 (3) The notice must not disclose any reasons whose disclosure the Defence Minister believes would prejudice the security, defence or international relations of Australia.

 (4) If reasons are not disclosed in a notice under subsection (1) because of subsection (3), that fact must be stated in the notice.

Period notice in force

 (5) A notice given to a person under subsection (1) comes into force at the time the person receives the notice. This subsection is subject to subsection (7).

 (6) A notice given to a person under subsection (1) remains in force for the period specified in, or worked out in accordance with, the notice (which must not be more than 12 months), unless revoked earlier.

Later notices

 (7) A notice may be given to a person under subsection (1) while an earlier notice given to the person under subsection (1) is in force. The later notice may be expressed to come into force at the time the earlier notice ceases to be in force.

 (8) Subsection (7) does not prevent a notice being given to a person under subsection (1) after an earlier notice given to the person under subsection (1) ceases to be in force.

Notice not a legislative instrument