Export Control Act 2020
119Notice of decision and certificate of registration
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119 Notice of decision and certificate of registration
If the registration of an establishment is renewed, the Secretary must give the applicant:
(a) a certificate of registration stating the information referred to in paragraph 114(a); and
(b) a written notice stating the information referred to in paragraph 114(b).
Part 4—Variation of registration
Division 1—Application by occupier
120 Application by occupier for variation of registration or approval of alteration of establishment
(1) The occupier of a registered establishment may apply to the Secretary:
(a) to vary the registration in relation to any of the following matters (including by adding or removing any of those matters):
(b) to approve an alteration of the establishment (including an addition to the establishment); or
(c) to vary the conditions of the registration; or
(d) to vary the particulars relating to the registration to make a minor change to a matter (including to correct a minor or technical error); or
(e) to vary any other aspect of the registration.
Example: For the purposes of paragraph (e), a variation may be needed to change the name of a person who manages or controls, or will manage or control, export operations covered by the registration.
Note: Section 377 sets out requirements for applications. A single application may be made to make or approve a variation in relation to the registration of an establishment and to renew the registration of the establishment.
(2) If the Secretary receives an application under subsection (1) to make a variation or approve an alteration, the Secretary must decide:
(a) to make the variation or approve the alteration; or
(ab) to make the variation, or approve the alteration, with additional conditions or variations of conditions; or
(b) to refuse to make the variation or approve the alteration.
Note 2: If the Secretary does not make a decision in relation to the application within the consideration period for the application, the Secretary is taken to have refused the application at the end of that period (see subsection 379(2)).
Note 3: A decision to approve the application with additional conditions or variations of conditions, or to refuse the application, is a reviewable decision (see Part 2 of Chapter 11) and the Secretary must give the applicant written notice of the decision (see section 382).
(3) The Secretary may make a decision under paragraph (2)(a) or, subject to subsections (4) and (5), paragraph (2)(ab), if the Secretary is satisfied, having regard to any matter that the Secretary considers relevant, that, if the decision is made: