9Exportation of goods specified in Schedule 7 (nuclear material)

#### 9 Exportation of goods specified in Schedule 7 (nuclear material) (1) In this regulation: > authorised person means a person authorised in writing by the Minister for this regulation. > Minister means the Minister administering the National Radioactive Waste Management Act 2012. (2) This regulation applies to the goods specified in Schedule 7. (3) The exportation from Australia of goods to which this regulation applies is prohibited unless: (a) a permission in writing to export the goods or a class of goods in which the goods are included has been granted by the Minister or an authorised person; and (b) the permission is produced to the Collector. (3A) A permission granted for the purposes of subregulation (3) (not being a permission so granted in exchange for a permission surrendered in accordance with subregulation (3B)) may specify, and a permission granted for the purposes of subregulation (3) in exchange for a permission surrendered in accordance with subregulation (3B) shall specify, that the permission may, subject to this regulation, be: (a) assigned; or (b) surrendered in exchange for the granting to the holder of the surrendered permission of another permission or other permissions to export goods of the same kind as the goods to which the surrendered permission relates. (3B) Where a permission so specifies that the permission may be assigned or surrendered, the permission may be so assigned or surrendered only with the consent in writing of the Minister or an authorised person. (3C) A permission referred to in subregulation (3B) may be assigned as provided by that subregulation notwithstanding that the permission has previously been assigned as provided by that subregulation. (3D) A consent in writing under subregulation (3B) to the assignment of a permission shall be endorsed on or annexed to the permission. (3E) A permission granted for the purposes of subregulation (3) may specify conditions or requirements to be complied with by the holder of the permission and may, in respect of any such condition or requirement, specify the time (being a time before or after the exportation of the goods to which the permission relates) at or before which the condition or requirement shall be complied with by the holder. (3EA) The person who is the holder of the permission when the goods, for which the permission was granted, are exported must comply with any condition or requirement specified in the permission. (3F) Where, in relation to the proposed assignment of a permission, being a permission that specifies conditions or requirements to be complied with by the holder of the permission, the Minister or an authorised person is of the opinion that any such condition or requirement is incapable of applying, or of applying without variation or modification, to the proposed assignee, the Minister or authorised person may, by writing endorsed on or annexed to the permission at the time of the giving of the consent to the assignment: (a) omit that condition or requirement; (b) vary or modify that condition or requirement to enable it to apply in relation to the assignee; or (c) omit the condition or requirement and substitute other conditions or requirements, being conditions or requirements that are of the same kind as the omitted condition or requirement and are not inconsistent with any other condition or requirement specified in the permission. (3G) Where: (a) the Minister or an authorised person grants a permission or 2 or more permissions in exchange for surrendered permission; and (b) the surrendered permission specifies conditions or requirements to be complied with by the permission; the permission, or each permission, so granted shall specify, as conditions or requirements to be complied with by the holder of the permission: (c) such of the conditions or requirements referred to in paragraph (b), with or without such variation or modification as the Minister or authorised person may consider necessary for the purpose, as are capable in the circumstances of applying in relation to the holder of the permission; and (d) such other conditions or requirements, if any, being conditions or requirements not inconsistent with any of the conditions or requirements referred to in paragraph (c), as the Minister or authorised person may determine. (3H) The Minister or an authorised person shall not unreasonably refuse: (a) to grant a permission for the purposes of subregulation (3); or (b) to consent to the assignment or surrender of a permission referred to in subregulation (3B). (3J) Where: (a) a permission granted for the purposes of subregulation (3) is subject to a condition or requirement to be complied with by a person; and (b) the person fails to comply with the condition or requirement; the Minister or an authorised person may revoke the permission, whether or not the person is charged with an offence against subsection 112(2B) of the Act in respect of the failure to comply with the condition or requirement.