Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The holder of an approved arrangement may apply to the Secretary:
(a) to approve a variation of the approved arrangement to implement an alternative regulatory arrangement approved under paragraph 379C(1)(a); or
(b) to approve any other variation, or variations, of the approved arrangement if the holder and the Secretary consider that the variation, or the combined effect of the variations, is significant (having regard to the matters referred to in section 164); or
(c) to vary the conditions of the approved arrangement.
Note: Section 377 sets out requirements for applications. A single application may be made to approve a variation of an approved arrangement and to renew the approved arrangement.
(2) If the Secretary receives an application under subsection (1) to approve a variation, or vary conditions, the Secretary must decide:
(a) to approve the variation or vary the conditions; or
(ab) to approve the variation, or vary the conditions, with additional conditions or variations of conditions; or
(b) to refuse to approve the variation or vary the conditions.
Note 1: See section 379 for matters relating to dealing with applications.
Note 2: If the Secretary does not make a decision in relation to the application within the consideration period for the application, the Secretary is taken to have refused the application at the end of that period (see subsection 379(2)).
Note 3: A decision to approve the application with additional conditions or variations of conditions, or to refuse the application, is a reviewable decision (see Part 2 of Chapter 11) and the Secretary must give the holder written notice of the decision (see section 382).
Approval with additional conditions or variations of conditions
(2A) The Secretary may make a decision under paragraph (2)(ab) only if the Secretary reasonably believes that the additional conditions or variations of conditions are necessary:
(a) to ensure the integrity of a kind of prescribed goods covered by the approved arrangement; or
(b) to ensure that export operations covered by the approved arrangement will be carried out in accordance with the approved arrangement; or
(c) to ensure compliance with a condition of the approved arrangement; or
(d) to address circumstances relating to a kind of export operations carried out in relation to a kind of prescribed goods covered by the approved arrangement that have changed or will change; or
(e) to ensure:
(i) compliance with the requirements of this Act in relation to the export operations and goods covered by the approved arrangement; or
(ii) that importing country requirements relating to the export operations and goods covered by the approved arrangement are, or will be, met; or
(f) to correct a minor or technical error; or
(g) for any other reason prescribed by the rules.
(2B) The Secretary must not make a decision under paragraph (2)(ab) unless the Secretary has given a written notice to the holder of the approved arrangement in accordance with subsection (2C).
(2C) The written notice must:
(a) specify each proposed additional condition or variation of a condition; and
(b) specify the grounds for each proposed additional condition or variation of a condition; and
(c) request the holder of the approved arrangement to give the Secretary, within 14 days after the day the notice is given, a written statement showing cause why the proposed additional conditions or variations of conditions should not be made ; and
(d) include a statement setting out the holder's right to seek review of a decision made under paragraph (2)(ab).
Refusal
(3) The Secretary may refuse to approve the variation, or vary the conditions, if the Secretary is not satisfied, having regard to any matter that the Secretary considers relevant, of one or more of the following:
(a) either:
(i) all relevant Commonwealth liabilities of the holder of the approved arrangement have been paid or are taken to have been paid; or
(ii) if one or more relevant Commonwealth liabilities of the holder have not been paid or are not taken to have been paid--the non - payment is due to exceptional circumstances;
(b) carrying out a kind of export operations in relation to a kind of prescribed goods in accordance with the approved arrangement as proposed to be varied will ensure:
(i) compliance with the requirements of this Act in relation to those export operations and goods; and
(ii) that importing country requirements relating to those export operations and goods will be met; and
(iii) the integrity of the goods;
(c) any other requirement prescribed by the rules is met.
Note 1: For the purposes of paragraph (3)(a), a relevant Commonwealth liability of a person is taken to have been paid in certain circumstances (see section 431).
Note 2: The holder of the approved arrangement may commit an offence or be liable to a civil penalty if:
(a) a variation of the approved arrangement, or of the conditions of the approved arrangement, referred to in subsection (1) is implemented; and
(b) the variation has not been approved, or the holder has not been given notice of the approval (see section 163).