12‑9 Notice of intention to export consi12‑9 Notice of intention to export consignment of live animals approved, but consignment not exported, before commencement time

12‑9 Notice of intention to export consignment of live animals approved, but consignment not exported, before commencement time

If: (a) the Secretary had approved a notice of intention to export (the NOI) for a proposed export of live animals (the consignment) under section 3.07 of the old Export Control (Animals) Order; and (b) the Secretary had not, under subsection 3.09(2) of that Order: (i) cancelled the approval; or (ii) directed that the approved NOI be varied in a specified manner; or (iii) required the exporter to submit a new NOI for the proposed export; and (c) the consignment had not been exported before the commencement time; then the approval continues to have effect after the commencement time as if it were an approval of the notice of intention to export the consignment given under paragraph 8‑11(2)(a) of this instrument.

Note 1: The NOI continues in force after the commencement time as if it were a notice of intention to export the consignment given in compliance with subsection 243(1) of the Act (see item 51 of Schedule 3 to the Export Control (Consequential Amendments and Transitional Provisions) Act 2020). If the NOI had not been approved by the Secretary and had not been withdrawn before the commencement time, the Secretary must decide after the commencement time whether to approve the notice of intention to export the consignment under subsection 8‑11(2) of this instrument.

Note 2: If the Secretary had directed that the approved NOI be varied or had required the exporter to give the Secretary a new NOI for the consignment under subsection 3.09(2) of the old Export Control (Animals) Order and the exporter had not complied with the requirement before the commencement time, the exporter must comply with the requirement (by giving the Secretary a notice of intention to export the consignment in compliance with subsection 243(1) of the Act) as soon as practicable after the commencement time (see subitem 52(2) of Schedule 3 to the Export Control (Consequential Amendments and Transitional Provisions) Act 2020).