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Export Control Act 2020
67Issuing body must decide whether to issue government certificate
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67 Issuing body must decide whether to issue government certificate
(1) On receiving an application made under section 65 for a government certificate in relation to a kind of goods, the issuing body must decide:
(a) to issue the certificate; or
(b) to refuse to issue the certificate.
Note 1: An application that does not comply with the requirements referred to in subsection 65(2) for the application is taken not to have been made (see subsection 65(4)).
Note 2: A decision in relation to the application may be made by the operation of a computer program (see section 286).
(2) The issuing body may, in writing, request the applicant to give the issuing body further specified information or documents relevant to the application.
Note: If the issuing body is the Secretary, the Secretary may also exercise powers under section 68.
Grounds for refusing to issue government certificate
(3) The issuing body may refuse to issue a government certificate in relation to the goods if:
(a) the issuing body is not satisfied, having regard to any matter that the issuing body considers relevant, that:
(i) the requirements of this Act in relation to the export of the goods have been complied with, or will be complied with before the goods are imported into the importing country; or
(ii) any importing country requirements relating to the goods have been met, or will be met before the goods are imported into the importing country; or
(iii) the matters to be stated in the government certificate in relation to the goods are true and correct; or
(b) the issuing body reasonably believes that the applicant:
(i) made a false, misleading or incomplete statement in the application for the certificate; or
(ii) gave false, misleading or incomplete information or documents to the issuing body or to another person performing functions or exercising powers under this Act; or
(iii) gave false, misleading or incomplete information or documents to the Secretary or the Department under a prescribed agriculture law; or
(c) any information or documents requested under subsection (2) are not given to the issuing body within a reasonable period after the request was made; or
(d) the applicant refused to consent to a request by a person to enter premises of the applicant:
(i) to conduct an audit of export operations carried out in relation to the goods under Part 1 of Chapter 9; or
(ii) to carry out an assessment of the goods under Part 2 of that Chapter; or
(e) the applicant refused to cooperate with a request made by the issuing body, or any other person performing functions or exercising powers under this Act, in relation to the goods; or
(f) the issuing body reasonably believes that the applicant has contravened a requirement of this Act in relation to the goods; or
(g) circumstances prescribed by the rules exist.
Notice of refusal
(4) If the issuing body decides not to issue a government certificate in relation to the goods, the issuing body must notify the applicant, in writing, of the decision.