198Matters to be stated in renewed export licence

198  Matters to be stated in renewed export licence

  If an export licence is renewed, the Secretary must give the applicant a new export licence stating the information referred to in subsection 193(2).

Part 4—Variation of export licence

Division 1—Application by holder

199  Application by holder for variation of export licence

 (1) The holder of an export licence may apply to the Secretary:

 (a) to vary the licence in relation to any of the following matters (including by adding or removing any of those matters):

 (b) to vary the conditions of the licence; or

 (c) to vary the licence to make a minor change to a matter stated in the licence (including to correct a minor or technical error); or

 (d) to vary any other aspect of the licence.

Example: For the purposes of paragraph (d), a variation may be needed to change the name of a person who participates, or will participate, in the management or control of the holder’s export business.

Note: Section 377 sets out requirements for applications. A single application may be made to make a variation in relation to an export licence and to renew the licence.

 (2) If the Secretary receives an application under subsection (1) to make a variation, the Secretary must decide:

 (a) to make the variation; or

 (ab) to make the variation with additional conditions or variations of conditions; or

 (b) to refuse to make the variation.

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:

 (ii) if one or more relevant Commonwealth liabilities of the applicant have not been paid or are not taken to have been paid—the non‑payment is due to exceptional circumstances; and

 (b) the applicant is, and is likely to continue to be, able to comply with the conditions to which the export licence, if varied, would be subject; and

 (c) any other requirement prescribed by the rules is met.