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Export Control Act 2020
69Applications in relation to certain kinds of non‑prescribed goods
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69 Applications in relation to certain kinds of non‑prescribed goods
(1) This section applies in relation to an application to the Secretary for a government certificate that relates to a kind of goods (the relevant goods) referred to in paragraph (d) of the definition of goods in section 12 that:
(a) are non‑prescribed goods; and
(b) are not specified by rules made for the purposes of subparagraph 62(2)(a)(i) or (ii).
(2) For the purposes of making a decision in relation to the application, the Secretary may have regard to the following matters (in addition to the matters referred to in subsection 67(3)):
(a) sanitary matters (being matters relating to food safety, animal health or human health) and phytosanitary matters (being matters relating to plant health) relating to the relevant goods;
(b) any Australian laws and standards relating to the relevant goods;
(c) Australia’s rights and obligations relating to the relevant goods under any international agreements to which Australia is a party;
(d) any international standards relating to the relevant goods;
(e) any other matter the Secretary considers relevant.
(3) However, the Secretary need not have regard to the matters referred to in subsection (2) if:
(a) goods of the same kind as the relevant goods have previously been exported to a country; and
(b) the Secretary has previously issued a government certificate in relation to goods of that kind that have been exported to that country.