Commonwealth Consolidated Acts

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EXPORT CONTROL ACT 2020 - SECT 280

Powers that may be exercised in carrying out an assessment of goods

  (1)   For the purpose of carrying out an assessment of goods under this Part, an assessor may do anything the assessor considers necessary, including the following:

  (a)   request a person who the assessor reasonably believes has information or documents that are relevant to the assessment to answer questions, provide information in writing, or produce the documents;

  (b)   take, test or analyse samples of the goods;

  (c)   arrange for another person with appropriate qualifications or expertise to take, test or analyse samples of the goods.

Note 1:   An assessor who is an authorised officer may also give a direction under section   305.

Note 2:   See Division   2 of Part   6 of Chapter   11 in relation to taking, testing and analysing samples.

Note 3:   A person may commit an offence or be liable to a civil penalty if the person provides false or misleading information or documents (see sections   137.1 and 137.2 of the Criminal Code and sections   368 and 369 of this Act).

  (2)   An assessor:

  (a)   may make copies of, or take extracts from, a document produced under paragraph   (1)(a); and

  (b)   for that purpose, may remove the document from the place where it was produced.

Note:   If the relevant person for an assessment of goods does not comply with a request under this section, it may not be possible to verify a matter referred to in subsection   277(3). As a result, the Secretary may, for example, refuse to issue a government certificate in relation to the goods (see section   67) or an export permit for the goods (see section   225).



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