11‑6 Circumstances in which relevant Com11‑6 Circumstances in which relevant Commonwealth liability of a person is taken to have been paid

11‑6 Circumstances in which relevant Commonwealth liability of a person is taken to have been paid

Purpose of this section (1) For the purposes of section 431 of the Act, this section prescribes circumstances in which a relevant Commonwealth liability of a person is taken to have been paid for the purposes of either of the following provisions of the Act (a relevant provision): (a) paragraph 191(2)(b) (grant of export licence); (b) paragraph 199(3)(a) (variation of export licence).

Note: For relevant Commonwealth liability, see section 12 of the Act.

Payment undertaking may be given (2) A relevant Commonwealth liability of a person is taken to have been paid for the purposes of a relevant provision if: (a) the person, or another person, has given a written undertaking (a payment undertaking) to the Secretary to pay the amount of the relevant Commonwealth liability; and (b) the payment undertaking includes a term that the relevant Commonwealth liability is to be reduced by each amount paid in accordance with the undertaking; and (c) the Secretary has accepted the payment undertaking, having considered the following matters: (i) the financial position of the person who gave the payment undertaking; (ii) the nature and likely cost of the export operations to which a decision under the relevant provision relates; (iii) whether the person who gave the payment undertaking will be able to comply with the undertaking and, if applicable, meet the cost of the export operations referred to in subparagraph (ii); (iv) any other relevant considerations. (3) A payment undertaking may be given by a person in relation to: (a) a relevant Commonwealth liability of the person; or (b) a relevant Commonwealth liability of another person. Payment undertaking may relate to 2 or more relevant Commonwealth liabilities (4) A single payment undertaking may relate to 2 or more relevant Commonwealth liabilities. (5) If: (a) a payment undertaking relates to 2 or more relevant Commonwealth liabilities; or (b) a person has given 2 or more payment undertakings in relation to different relevant Commonwealth liabilities of the person or of another person; the Secretary may determine the order in which payments are to be applied to reduce the outstanding relevant Commonwealth liabilities. Variation of payment undertaking (6) A payment undertaking may be varied at any time by agreement between the Secretary and the person who gave the undertaking. (7) The Secretary may agree to a variation of a payment undertaking if: (a) having considered the matters referred to in paragraph (2)(c), the Secretary considers the variation is appropriate; and (b) the variation does not reduce the amount of any relevant Commonwealth liability covered by the undertaking that has not been paid.

Chapter 12—Transitional provisions