Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The holder of an export licence may apply to the Secretary:
(a) to vary the licence in relation to any of the following matters (including by adding or removing any of those matters):
(i) kinds of export operations;
(ii) kinds of prescribed goods;
(iii) if applicable, places to which goods may be exported; or
(b) to vary the conditions of the licence; or
(c) to vary the licence to make a minor change to a matter stated in the licence (including to correct a minor or technical error); or
(d) to vary any other aspect of the licence.
Example: For the purposes of paragraph (d), a variation may be needed to change the name of a person who participates, or will participate, in the management or control of the holder's export business.
Note: Section 377 sets out requirements for applications. A single application may be made to make a variation in relation to an export licence and to renew the licence.
(2) If the Secretary receives an application under subsection (1) to make a variation, the Secretary must decide:
(a) to make the variation; or
(ab) to make the variation with additional conditions or variations of conditions; or
(b) to refuse to make the variation.
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 applicant written notice of the decision (see section 382).
(3) The Secretary may make a decision under paragraph (2)(a) or, subject to subsections (4) and (5), paragraph (2)(ab) if the Secretary is satisfied, having regard to any matter that the Secretary considers relevant, that:
(a) either:
(i) all relevant Commonwealth liabilities of the applicant have been paid or are taken to have been paid; or
(ii) if one or more relevant Commonwealth liabilities of the applicant have not been paid or are not taken to have been paid--the non - payment is due to exceptional circumstances; and
(b) the applicant is, and is likely to continue to be, able to comply with the conditions to which the export licence, if varied, would be subject; and
(c) any other requirement prescribed by the rules is met.
Note: 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).
Variation with additional conditions or variations of conditions
(4) The Secretary may make the variation with additional conditions or variations of conditions 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 licence; or
(b) to ensure:
(i) compliance with the requirements of this Act in relation to the export operations and prescribed goods covered by the licence; or
(ii) that importing country requirements relating to the export operations and prescribed goods covered by the licence are, or will be, met; or
(c) to ensure compliance with a condition of the licence; or
(d) to correct a minor or technical error; or
(e) for any other reason prescribed by the rules.
(5) The Secretary must not make a decision under paragraph (2)(ab) unless the Secretary has given a written notice to the holder of the licence in accordance with subsection (6).
(6) 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 licence 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).