Defence Trade Controls Regulation 2013
20Application for approval
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20 Application for approval
(1) A person may apply to the Minister for approval as an approved intermediate consignee. (2) The application must: (a) be in the form approved, in writing, for this section by the Minister; and (b) contain the information required by the form; and (c) be accompanied by the documents (if any) that the form requires. (3) In deciding whether to approve the person, the Minister must have regard to the following: (a) whether the primary business of the person is as an intermediate consignee; (b) whether the person has a tracking system in place that the Minister is satisfied would meet the requirements of subsection (4). (4) For paragraph (3)(b), the requirements are that the tracking system is able to: (a) identify the location of an article that is in the possession, custody or control of the person; and (b) record the date and the time the article is received by the person; and (c) record the date and the time the person delivers the article to another person; and (d) identify the person to whom the article is delivered; and (e) record the place at which the article is delivered. (5) The Minister must not approve the person as an approved intermediate consignee unless the Minister is satisfied that the Government of the United States of America has agreed in writing to the approval being given. (6) The Minister must: (a) as soon as practicable after making a decision on the person’s application, notify the person, in writing, of the decision; and (b) if the Minister refuses to approve a person as an approved intermediate consignee: (i) include the reasons for the decision unless disclosing the reasons would prejudice the security, defence or international relations of Australia; and (ii) if the reasons cannot be disclosed for the reason mentioned in subparagraph (i)—state that fact. (7) An approval is subject to: (a) a condition that the intermediate consignee’s tracking system continues to meet the requirements of subsection (4); and (b) any other conditions specified in the approval.