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Export Control Act 2020
241Powers of Secretary in relation to application
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241 Powers of Secretary in relation to application
The Secretary may do anything the Secretary considers necessary in relation to an application to which this Part applies, including the following:
(a) request, in writing, the applicant, or another person who the Secretary considers may have information or documents relevant to the application, to give the Secretary further specified information or documents relevant to the application;
(b) require an audit of export operations carried out in relation to the goods (the relevant goods) to which the application relates to be conducted under Part 1 of Chapter 9;
(c) require an assessment of the relevant goods to be carried out under Part 2 of Chapter 9;
(d) request the applicant to give the Secretary a written statement, signed and dated by the applicant, verifying that:
(i) the requirements of this Act in relation to the export of the relevant goods have been complied with, or will be complied with before the goods are imported into the importing country; and
(ii) any importing country requirements relating to the relevant goods have been met, or will be met before the goods are imported into the importing country;
(e) take, test or analyse samples of the relevant goods or from equipment or other things relevant to the application;
(f) arrange for another person with appropriate qualifications or expertise to take, test or analyse samples of the relevant goods or from equipment or other things relevant to the application;
(g) any other thing prescribed by the rules.
Note 1: See Division 2 of Part 6 of Chapter 11 in relation to taking, testing and analysing samples.
Note 2: These powers may only be exercised by the Secretary or an authorised officer or APS employee in the Department to whom the powers have been subdelegated under section 288. These powers may not be subdelegated to a nominated export permit issuer (see paragraph 288(2)(c)).
Chapter 8—Other matters relating to export
Part 1—Notices of intention to export
242 Simplified outline of this Part
A notice of intention to export a consignment of prescribed goods may be required to be given in a manner and form approved by the Secretary.
The notice must include the information (if any) prescribed by the rules and must be accompanied by any documents prescribed by the rules.
The notice must be given:
(a) by a person prescribed by the rules in relation to the goods; and
(b) to the person prescribed by the rules; and
(c) at the time or within the period prescribed by the rules, or at a different time or within a different period allowed by the Secretary.
The rules may provide that the Secretary may approve a notice of intention to export a consignment of a kind of prescribed goods.
Division 2—Notices of intention to export