Commonwealth Consolidated Acts

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EXPORT CONTROL ACT 2020 - SECT 219

Notice of changes to holder of export licence

  (1)   The holder of an export licence must notify the Secretary, in writing, as soon as practicable after any of the following events occurs:

  (a)   there is a change in the holder's business structure;

  (b)   if the holder is an individual--the individual enters into a personal insolvency agreement under Part   X of the Bankruptcy Act 1966 ;

  (c)   if the holder is a corporation--the corporation:

  (i)   enters into administration (within the meaning of section   435C of the Corporations Act 2001 ); or

  (ia)   begins restructuring (within the meaning of section   453A of that Act); or

  (ii)   is to be wound up (whether by a court or voluntarily);

  (d)   there is a change in the trading name, business address or contact details of the holder;

  (e)   any other event prescribed by the rules.

Example:   For the purposes of paragraph   (a), each of the following would be a change in the holder's business structure:

(a)   a change in a person who participates in the management or control of the holder's export business;

(b)   if the holder is a partnership--a change in the membership of the partnership.

Note:   The Secretary may suspend or revoke the export licence if:

(a)   in certain cases, the holder of the licence is not a fit and proper person (see paragraphs 205(1)(b) and 212(1)(b)); or

(b)   the holder fails to comply with this subsection   (see paragraphs 205(1)(i) and 212(1)(i)).

Civil penalty provision

  (2)   A person is liable to a civil penalty if:

  (a)   the person is required to notify the Secretary of an event in accordance with subsection   (1); and

  (b)   the person fails to comply with the requirement.

Civil penalty:   60 penalty units.

 



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