EXPORT CONTROL ACT 2020 (NO. 12, 2020)

Commonwealth Numbered Acts

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EXPORT CONTROL ACT 2020 (NO. 12, 2020)

TABLE OF PROVISIONS

Long Title

CHAPTER 1--Preliminary

PART 1--PRELIMINARY

1. Short title
2. Commencement
3. Objects of this Act
4. Simplified outline of this Act
5. Act binds the Crown
6. Application of this Act in Australia
7. Limited application of this Act outside Australia
8. Extension of this Act to external Territories and other areas
9. Application of this Act in external Territories and other areas
10. Rights of foreign aircraft and vessels under Convention on the Law of the Sea not affected
11. Concurrent operation of State and Territory laws

PART 2--INTERPRETATION

Division 1--Definitions

12. Definitions
13. Meaning of associate
14. Meaning of Australian territory
15. Meaning of entered for export
16. Meaning of export operations
17. Meaning of installation
18. Meaning of integrity
19. Meaning of occupier

Division 2--Other interpretation provisions

20. When goods are exported
21. Persons who manage or control export operations

CHAPTER 2--Exporting goods

PART 1--GOODS

Division 1--Introduction

22. Simplified outline of this Part

Division 2--Prohibited goods

Subdivision A--Permanently prohibited goods

23. Goods that are prohibited from export absolutely

Subdivision B--Temporarily prohibited goods

24. Minister may temporarily prohibit export of goods from Australian territory, or from a part of Australian territory, for a period
25. Variation of temporary prohibition determination
26. Effect of temporary prohibition determination on government certificate or export permit
27. Temporary prohibition determination prevails over inconsistent rules

Division 3--Prescribed goods and conditions of export

28. Rules may prescribe goods for the purposes of this Act
29. Rules may prohibit export of prescribed goods subject to conditions

Division 4--Offences and civil penalty provisions

30. Exporting goods that are subject to absolute prohibition on export--basic contravention
31. Exporting goods that are subject to absolute prohibition on export--intention to obtain commercial advantage
32. Exporting goods that are subject to absolute prohibition on export--economic consequences for Australia
33. Conveying or possessing goods that are subject to absolute prohibition on export and are intended to be exported etc.
34. Exporting goods to a temporarily prohibited place--basic contravention
35. Exporting goods to a temporarily prohibited place--intention to obtain commercial advantage
36. Exporting goods to a temporarily prohibited place--economic consequences for Australia
37. Conveying or possessing goods that are intended to be exported to a temporarily prohibited place etc.
38. Exporting prescribed goods--non-compliance with prescribed export conditions--basic contravention
39. Exporting prescribed goods--non-compliance with prescribed export conditions--intention to obtain commercial advantage
40. Exporting prescribed goods--non-compliance with prescribed export conditions--economic consequences for Australia
41. Conveying or possessing prescribed goods that are intended to be exported in contravention of conditions etc.
42. Exporting prescribed goods to a particular place--non-compliance with prescribed export conditions--basic contravention
43. Exporting prescribed goods to a particular place--non-compliance with prescribed export conditions--intention to obtain commercial advantage
44. Exporting prescribed goods to a particular place--non-compliance with prescribed export conditions--economic consequences for Australia
45. Conveying or possessing prescribed goods that are intended to be exported to a particular place in contravention of conditions etc.
46. Producing or preparing prescribed goods or other goods at certain premises in contravention of conditions--general
47. Producing or preparing prescribed goods or other goods at certain premises in contravention of conditions--goods to be exported to a particular place
48. Making false or misleading representation about prescribed goods that are entered for export--general
49. Making false or misleading representation about prescribed goods that are entered for export to a particular place
50. Making false or misleading representation about non-prescribed goods that are entered for export
50A. Penalties for certain contraventions by bodies corporate

PART 2--EXEMPTIONS

Division 1--Introduction

51. Simplified outline of this Part
52. Application of this Part

Division 2--Exemptions

53. Application for exemption
54. Secretary must decide whether to grant exemption
55. Exemption may be granted subject to conditions
56. Notice of decision
57. Period of effect of exemption
58. Variation of conditions of exemption
59. Revocation of exemption
60. Effect of exemption

PART 3--GOVERNMENT CERTIFICATES

Division 1--Introduction

61. Simplified outline of this Part

Division 2--Rule-making powers

62. Rules may make provision for and in relation to government certificates
63. Issuing bodies
64. Certain issuing bodies may charge fees

Division 3--Issue of government certificate

65. Application for government certificate
66. Additional or corrected information
67. Issuing body must decide whether to issue government certificate
68. Powers of Secretary in relation to application
69. Applications in relation to certain kinds of non-prescribed goods
70. Government certificate for goods that are to be, or that have been, exported from certain external Territories
71. Manner of issuing government certificate
72. Period of effect of government certificate

Division 4--Other matters

73. Secretary may require assessment of goods
74. Additional or corrected information in relation to application for government certificate etc.
75. Revocation of government certificate
76. Return of government certificate

CHAPTER 3--Accredited properties

PART 1--INTRODUCTION

77. Simplified outline of this Chapter

PART 2--APPLICATION FOR ACCREDITATION

78. Application for accreditation of property
79. Secretary must decide whether to accredit property
80. Conditions of accreditation
81. Notice of decision
82. Period of effect of accreditation

PART 3--RENEWAL OF ACCREDITATION

83. Application to renew accreditation of property
84. Secretary must decide whether to renew accreditation
85. Conditions of renewed accreditation
86. Notice of decision

PART 4--VARIATION OF ACCREDITATION

Division 1--Application by manager

87. Application by manager for variation of accreditation or approval of alteration of property
88. Notice of variation or approval of alteration
89. Certain variations must not be made unless approved

Division 2--Variation by Secretary

90. Secretary may make variations in relation to accreditation
91. Notice of variation

PART 5--SUSPENSION OF ACCREDITATION

Division 1--Suspension requested by manager

92. Manager may request suspension
93. Request to revoke suspension

Division 2--Suspension by Secretary

94. Grounds for suspension--general
95. Grounds for suspension--overdue relevant Commonwealth liability
96. Notice of suspension
97. Period of suspension
98. Revocation of suspension

Division 3--Other provisions

99. Effect of suspension
100. Export operations must not be carried out while accreditation suspended

PART 6--REVOCATION OF ACCREDITATION

Division 1--Revocation requested by manager

101. Manager may request revocation

Division 2--Revocation by Secretary

102. Grounds for revocation--general
103. Grounds for revocation--overdue relevant Commonwealth liability
104. Notice of revocation

Division 3--Other provisions

105. Secretary may require action to be taken after accreditation revoked

PART 7--OBLIGATIONS OF MANAGERS OF ACCREDITED PROPERTIES ETC.

106. Conditions of accreditation must not be contravened
107. Additional or corrected information in relation to application for accreditation etc.
108. Notice of event or change in circumstances
109. Notice of person ceasing to be manager of accredited property

CHAPTER 4--Registered establishments

PART 1--INTRODUCTION

110. Simplified outline of this Chapter

PART 2--APPLICATION FOR REGISTRATION

111. Application for registration of establishment
112. Secretary must decide whether to register establishment
113. Conditions of registration
114. Notice of decision and certificate of registration
115. Period of effect of registration

PART 3--RENEWAL OF REGISTRATION

116. Application to renew registration of establishment
117. Secretary must decide whether to renew registration
118. Conditions of renewed registration
119. Notice of decision and certificate of registration

PART 4--VARIATION OF REGISTRATION

Division 1--Application by occupier

120. Application by occupier for variation of registration or approval of alteration of establishment
121. Notice of variation or approval of alteration
122. Certain alterations of registered establishment must not be made unless approved etc.

Division 2--Variation by Secretary

123. Secretary may make variations in relation to registration
124. Notice of variation

PART 5--SUSPENSION OF REGISTRATION

Division 1--Suspension requested by occupier

125. Occupier may request suspension
126. Request to revoke suspension

Division 2--Suspension by Secretary

127. Grounds for suspension--general
128. Grounds for suspension--overdue relevant Commonwealth liability
129. Notice of suspension
130. Period of suspension
131. Revocation of suspension

Division 3--Direction to cease carrying out export operations

132. Direction to cease carrying out export operations--failure to comply with conditions or requirements of this Act etc.
133. Occupier must comply with direction
134. Revocation of direction

Division 4--Other provisions

135. Effect of suspension
136. Export operations must not be carried out while registration suspended

PART 6--REVOCATION OF REGISTRATION

Division 1--Revocation requested by occupier

137. Occupier may request revocation

Division 2--Revocation by Secretary

138. Grounds for revocation--general
139. Grounds for revocation--overdue relevant Commonwealth liability
140. Notice of revocation

Division 3--Other provisions

141. Export operations must not be carried out after registration of establishment revoked
142. Secretary may require action to be taken after registration revoked

PART 7--OBLIGATIONS OF OCCUPIERS OF REGISTERED ESTABLISHMENTS

143. Export operations not covered by registration must not be carried out
144. Conditions of registration must not be contravened
145. Additional or corrected information in relation to application for registration etc.
146. Notice of changes to occupier of registered establishment
147. Notice of person ceasing to be occupier of registered establishment

PART 8--OTHER MATTERS

148. Register of registered establishments

CHAPTER 5--Approved arrangements

PART 1--INTRODUCTION

149. Simplified outline of this Chapter

PART 2--APPROVAL OF PROPOSED ARRANGEMENT

150. Application for approval of proposed arrangement
151. Secretary must decide whether to approve proposed arrangement
152. Conditions of approved arrangement
153. Notice of decision
154. Period of effect of approved arrangement

PART 3--RENEWAL OF APPROVED ARRANGEMENT

155. Application to renew approved arrangement
156. Secretary must decide whether to renew approved arrangement
157. Conditions of renewed approved arrangement
158. Notice of decision

PART 4--VARIATION OF APPROVED ARRANGEMENT

Division 1--Variations by holder

Subdivision A--Non-significant variations

159. Holder may make non-significant variations of approved arrangement
160. Date of effect of varied approved arrangement

Subdivision B--Significant variations and variation of conditions

161. Application by holder for approval of approved alternative regulatory arrangement or other significant variation or to vary conditions
162. Notice of variation
163. Varied approved arrangement must not be implemented unless variation approved etc.

Subdivision C--Matters relating to whether proposed variation of approved arrangement is significant

164. Matters to which regard must be had in considering whether proposed variation of approved arrangement is significant

Division 2--Variation required or made by Secretary

165. Secretary may require approved arrangement to be varied or make certain variations of approved arrangement
166. Variations required by the Secretary
167. Varied approved arrangement must not be implemented unless approved etc.
168. Notice of variations made by the Secretary

PART 5--SUSPENSION OF APPROVED ARRANGEMENT

Division 1--Suspension requested by holder

169. Holder may request suspension
170. Request to revoke suspension

Division 2--Suspension by Secretary

171. Grounds for suspension--general
172. Grounds for suspension--overdue relevant Commonwealth liability
173. Notice of suspension
174. Period of suspension
175. Revocation of suspension

Division 3--Other provisions

176. Effect of suspension
177. Export operations must not be carried out while approved arrangement suspended

PART 6--REVOCATION OF APPROVED ARRANGEMENT

Division 1--Revocation requested by holder

178. Holder may request revocation

Division 2--Revocation by Secretary

179. Grounds for revocation--general
180. Grounds for revocation--overdue relevant Commonwealth liability
181. Notice of revocation

Division 3--Other provisions

182. Export operations must not be carried out after approved arrangement revoked
183. Secretary may require action to be taken after approved arrangement revoked

PART 7--OBLIGATIONS OF HOLDERS OF APPROVED ARRANGEMENTS

184. Conditions of approved arrangement must not be contravened
185. Additional or corrected information in relation to application to approve proposed arrangement etc.
186. Notice of changes to holder of approved arrangement
187. Notification of conviction of serious offence
188. Notice of person ceasing to operate business etc. covered by approved arrangement

CHAPTER 6--Export licences

PART 1--INTRODUCTION

189. Simplified outline of this Chapter

PART 2--GRANT OF EXPORT LICENCE

190. Application for export licence
191. Secretary must decide whether to grant export licence
192. Conditions of export licence
193. Matters to be stated in export licence
194. Period of effect of export licence

PART 3--RENEWAL OF EXPORT LICENCE

195. Application to renew export licence
196. Secretary must decide whether to renew export licence
197. Conditions of renewed export licence
198. Matters to be stated in renewed export licence

PART 4--VARIATION OF EXPORT LICENCE

Division 1--Application by holder

199. Application by holder for variation of export licence
200. Notice of variation

Division 2--Variation by Secretary

201. Secretary may make variations in relation to export licence
202. Notice of variation

PART 5--SUSPENSION OF EXPORT LICENCE

Division 1--Suspension requested by holder

203. Holder may request suspension
204. Request to revoke suspension

Division 2--Suspension by Secretary

205. Grounds for suspension--general
206. Grounds for suspension--overdue relevant Commonwealth liability
207. Notice of suspension
208. Period of suspension
209. Revocation of suspension

Division 3--Other provisions

210. Effect of suspension

PART 6--REVOCATION OF EXPORT LICENCE

Division 1--Revocation requested by holder

211. Holder may request revocation

Division 2--Revocation by Secretary

212. Grounds for revocation--general
213. Grounds for revocation--overdue relevant Commonwealth liability
214. Notice of revocation

Division 3--Other provisions

215. Export operations must not be carried out after export licence revoked
216. Secretary may require action to be taken after export licence revoked

PART 7--OBLIGATIONS OF HOLDERS OF EXPORT LICENCES

217. Conditions of export licence must not be contravened
218. Additional or corrected information in relation to application for licence etc.
219. Notice of changes to holder of export licence

PART 8--OTHER MATTERS

220. Persons who participate in the management or control of another person's export business
221. Secretary's powers in relation to associates of holder of export licence
222. Secretary may give directions to holder of export licence

CHAPTER 7--Export permits

PART 1--INTRODUCTION

223. Simplified outline of this Chapter

PART 2--ISSUE OF EXPORT PERMIT

224. Application for export permit
225. Secretary must decide whether to issue export permit
226. Requirements for export permit
227. Conditions of export permit
228. Period of effect of export permit

PART 3--VARIATION, SUSPENSION AND REVOCATION OF EXPORT PERMIT

229. Secretary may vary export permit or conditions of permit
230. Period of effect of varied export permit
231. Secretary may suspend export permit
232. Effect of suspension
233. Secretary may revoke export permit

PART 4--OTHER MATTERS

234. Secretary may require assessment of goods
235. Additional or corrected information in relation to application for export permit etc.
236. Return of export permit
237. Notification that goods not to be exported

PART 5--APPLICATIONS FOR EXPORT PERMITS

238. Applications to which this Part applies
239. Requirements for applications
240. Additional or corrected information
241. Powers of Secretary in relation to application

CHAPTER 8--Other matters relating to export

PART 1--NOTICES OF INTENTION TO EXPORT

Division 1--Introduction

242. Simplified outline of this Part

Division 2--Notices of intention to export

243. Notice of intention to export--general requirements
244. Additional or corrected information

PART 2--TRADE DESCRIPTIONS

Division 1--Introduction

245. Simplified outline of this Part

Division 2--Trade descriptions for prescribed goods

246. Meaning of trade description
247. When a trade description is applied to goods
248. Rules may make provision in relation to trade descriptions
249. Conduct that contravenes rules
250. Alteration of or interference with trade description

Division 3--False trade descriptions for prescribed goods

251. Meaning of false trade description
252. False trade description must not be applied to prescribed goods
253. Goods with false trade description must not be exported etc.

PART 3--OFFICIAL MARKS

Division 1--Introduction

254. Simplified outline of this Part

Division 2--Rule-making powers

255. Official marks
256. Marks resembling official marks
257. Official marking devices

Division 3--Offences and civil penalty provisions

258. Conduct that contravenes rules
259. Applying a false, misleading or deceptive official mark to goods
260. Applying a false, misleading or deceptive official mark to a document
261. Conduct that results in official mark applied to goods being altered to be false, misleading or deceptive
262. Conduct that results in official mark applied to a document being altered to be false, misleading or deceptive

PART 4--TARIFF RATE QUOTAS

Division 1--Introduction

263. Simplified outline of this Part

Division 2--Tariff rate quota systems

264. Tariff rate quota systems

CHAPTER 9--Powers and officials

PART 1--AUDITS

Division 1--Introduction

265. Simplified outline of this Part

Division 2--General

266. Audits of export operations
267. Audits in relation to persons performing functions or exercising powers under this Act
268. Single audit or program of audits may be required
269. Relevant person for an audit
270. Conduct of audit
271. Relevant person for an audit must provide assistance
272. Powers of auditors

Division 3--Approved auditors

273. Secretary may approve persons to conduct audits
274. Rules may provide for classes of persons to be auditors
275. Approved auditors may charge fees

PART 2--ASSESSMENT OF GOODS

Division 1--Introduction

276. Simplified outline of this Part

Division 2--General

277. Circumstances in which an assessment may be carried out etc.
278. Relevant person for an assessment of goods
279. Process for carrying out an assessment of goods etc.
280. Powers that may be exercised in carrying out an assessment of goods

Division 3--Approved assessors

281. Secretary may approve persons to carry out assessments of goods
282. Rules may provide for classes of persons to be assessors
283. Approved assessors may charge fees

PART 3--POWERS OF THE SECRETARY

Division 1--Introduction

284. Simplified outline of this Part

Division 2--Powers of the Secretary

285. Power to require information or documents
286. Power to arrange for certain decisions to be made by computer programs
287. Rules may authorise Commonwealth to enter into arrangements under which money may be paid for certain purposes
288. Delegation and subdelegation
289. Minister may give directions to Secretary

PART 4--AUTHORISED OFFICERS

Division 1--Introduction

290. Simplified outline of this Part

Division 2--Authorisation

291. Authorisation of persons to be authorised officers
292. Conditions of authorisation
293. Third party authorised officers must not contravene conditions of authorisation
294. Arrangements for State or Territory officers or employees to be authorised officers

Division 3--Variation, suspension and revocation of authorisation

Subdivision A--Variation, suspension and revocation on Secretary's own initiative

295. Variation of authorisation
296. Suspension of authorisation
297. Revocation of authorisation
298. Notice of proposed action must be given to third party authorised officer

Subdivision B--Variation, suspension and revocation on application or request by third party authorised officer

298A. Application for variation of authorisation
298B. Additional or corrected information
298C. Request for suspension of authorisation
298D. Request for revocation of authorisation

Subdivision C--Other provisions

299. Secretary may request notification of certain events by suspended third party authorised officer

Division 4--Functions and powers

300. Rules may confer functions or powers on authorised officers
301. Functions and powers of authorised officers
302. Third party authorised officer must not contravene direction
303. Certain authorised officers may charge fees
304. Direction to assist persons performing functions etc. under this Act
305. Direction to deal with non-compliance with the requirements of this Act etc.

Division 5--Miscellaneous

306. Identity cards
307. Offence--failure to return identity card
308. Certain goods or services must not be provided to, or received by, authorised officers
309. General provisions relating to directions

PART 5--ACCREDITED VETERINARIANS AND APPROVED EXPORT PROGRAMS

Division 1--Introduction

310. Simplified outline of this Part

Division 2--Approved export programs

311. Approved export programs
312. Accreditation of veterinarians
313. Secretary may direct authorised officers to carry out certain export operations in approved export program
314. Secretary may direct authorised officer to monitor or review export operations in approved export programs

Division 3--Offences and civil penalty provisions

315. Offence--person other than accredited veterinarian or authorised officer carrying out export operations in approved export program
316. Strict liability offence--failure to keep records or provide reports in relation to approved export program
317. Strict liability offence--failure to remedy deficiency in carrying out approved export program
318. Offence--failure to ensure accredited veterinarian is engaged to carry out relevant export operations in approved export program
319. Strict liability offence--contravening requirement to allow accredited veterinarian etc. to accompany eligible live animals during transport to overseas destination
320. Person must not obstruct or hinder accredited veterinarians etc. carrying out export operations in approved export program
321. Strict liability offence--contravening requirement to provide reasonable facilities and assistance to accredited veterinarian etc.

Division 4--Extended geographical operation of offences

322. Extended geographical operation of offences

CHAPTER 10--Compliance and enforcement

PART 1--INTRODUCTION

323. Simplified outline of this Part
324. Modified meaning of authorised officer

PART 2--MONITORING

Division 1--Introduction

325. Simplified outline of this Part

Division 2--Monitoring under Part 2 of the Regulatory Powers Act

326. Basic monitoring powers under Part 2 of the Regulatory Powers Act
327. Modifications of Part 2 of the Regulatory Powers Act

PART 3--INVESTIGATION

Division 1--Introduction

328. Simplified outline of this Part

Division 2--Investigating under Part 3 of the Regulatory Powers Act

329. Basic investigation powers under Part 3 of the Regulatory Powers Act
330. Modifications of Part 3 of the Regulatory Powers Act

PART 4--ENTRY TO ADJACENT PREMISES

Division 1--Introduction

331. Simplified outline of this Part
332. Modified meaning of premises

Division 2--Entering adjacent premises to gain access to other premises

333. Entering adjacent premises to gain access to other premises
334. Entry under adjacent premises warrant

Division 3--Adjacent premises warrants

335. Application and issue of adjacent premises warrant

Division 4--Obligations and powers of authorised officers

336. Consent
337. Announcement before entry under warrant
338. Authorised officer to be in possession of warrant
339. Details of warrant etc. to be provided
340. Use of force in executing a warrant

Division 5--Appropriate person's rights and responsibilities

341. Right to observe execution of warrant
342. Responsibility to provide facilities and assistance

Division 6--Powers of issuing officers

343. Powers of issuing officers

PART 5--ENTERING AND EXERCISING POWERS ON PREMISES WITHOUT A WARRANT OR CONSENT

Division 1--Introduction

344. Simplified outline of this Part
345. Premises to which this Part applies

Division 2--Monitoring and searching relevant premises

346. Monitoring relevant premises
347. Offence-related searches and seizures

Division 3--Obligations and powers of authorised officers

348. Announcement before entry
349. Use of force in entering premises

Division 4--Appropriate person's rights and responsibilities

350. Right to observe exercise of powers
351. Responsibility to provide facilities and assistance

PART 6--POWERS IN EMERGENCY SITUATIONS

Division 1--Introduction

352. Simplified outline of this Part

Division 2--Powers that may be exercised in or on premises in emergency situations

353. Securing evidential material without consent or warrant in emergency situation
354. Stopping and searching conveyance without warrant in emergency situation

PART 7--CIVIL PENALTIES

Division 1--Introduction

355. Simplified outline of this Part

Division 2--Civil penalties under Part 4 of the Regulatory Powers Act

356. Basic operation of civil penalties under Part 4 of the Regulatory Powers Act

PART 8--INFRINGEMENT NOTICES

Division 1--Introduction

358. Simplified outline of this Part

Division 2--Infringement notices under Part 5 of the Regulatory Powers Act

359. Basic provisions for infringement notices under Part 5 of the Regulatory Powers Act
360. Modifications of Part 5 of the Regulatory Powers Act

PART 9--ENFORCEABLE UNDERTAKINGS

Division 1--Introduction

361. Simplified outline of this Part

Division 2--Accepting and enforcing undertakings under Part 6 of the Regulatory Powers Act

362. Enforceable undertakings

PART 10--INJUNCTIONS

Division 1--Introduction

363. Simplified outline of this Part

Division 2--Injunctions under Part 7 of the Regulatory Powers Act

364. Injunctions

PART 10A--LIABILITY OF EXECUTIVE OFFICERS AND ADVERSE PUBLICITY ORDERS

364A. Simplified outline of this Part
364B. Criminal liability for executive officers of bodies corporate
364C. Civil liability for executive officers of bodies corporate
364D. Civil penalty--indemnification of executive officers
364E. Certain indemnities not authorised and certain documents void
364F. Adverse publicity orders

PART 11--MISCELLANEOUS

Division 1--Introduction

365. Simplified outline of this Part

Division 2--Persons assisting authorised officers

366. Persons assisting authorised officers

Division 3--Civil penalty provisions for false or misleading information or documents

367. Civil penalty provision for false or misleading statements in applications
368. Civil penalty provision for false or misleading information
369. Civil penalty provision for false or misleading documents

Division 4--General rules about offences and civil penalty provisions

370. Physical elements of offences
371. Contravening an offence provision or a civil penalty provision

Division 5--Fit and proper person test

372. Fit and proper person test
373. Rules may prescribe kinds of persons that are required to be fit and proper persons for the purposes of Chapter 5 or 6
374. Notification of conviction of offence or order to pay pecuniary penalty

CHAPTER 11--Miscellaneous

PART 1--MATTERS RELATING TO APPLICATIONS

Division 1--Introduction

375. Simplified outline of this Part

Division 2--Matters relating to certain applications

376. Applications to which this Division applies
377. Requirements for applications
378. Additional or corrected information
379. Dealing with applications

PART 1A--ALTERNATIVE REGULATORY ARRANGEMENTS

Division 1--Introduction

379A. Simplified outline of this Part

Division 2--Alternative regulatory arrangements

379B. Application to approve alternative regulatory arrangement
379C. Secretary must decide whether to approve alternative regulatory arrangement

PART 2--REVIEW OF DECISIONS

Division 1--Introduction

380. Simplified outline of this Part

Division 2--Review of decisions

381. Reviewable decisions
382. Notice of decision
383. Internal review of reviewable decisions
384. Secretary may require further information from applicants
385. Review by the Administrative Appeals Tribunal
386. Review of decisions relating to tariff rate quota entitlements

PART 3--CONFIDENTIALITY OF INFORMATION

Division 1--Introduction

387. Simplified outline of this Part

Division 2--Authorised uses and disclosures

388. Authorisation to use or disclose protected information in performing functions or exercising powers under this Act
389. Authorisation to use or disclose certain protected information for secondary permissible purposes
390. Secretary may authorise use or disclosure of certain protected information for secondary permissible purposes
391. Authorisation to use or disclose sensitive information or certain other protected information for secondary permissible purposes
392. Authorisation to use or disclose protected information for purposes of proceedings
393. Authorisation to use or disclose protected information for purposes of enforcement-related activity
394. Authorisation to use or disclose protected information if required by another Australian law
395. Authorisation to disclose protected information to person to whom information relates, or to use or disclose protected information with consent
396. Authorisation to disclose protected information to person who provided information

Division 3--Offences

397. Unauthorised use or disclosure of protected information

PART 4--COST RECOVERY

Division 1--Introduction

398. Simplified outline of this Part

Division 2--Fees

399. Fees and other rules for fee-bearing activities

Division 3--Payment of cost-recovery charges

400. Paying cost-recovery charges
401. Person liable to pay cost-recovery charges
402. Notional payments by the Commonwealth

Division 4--Unpaid cost-recovery charges

403. Late payment fee
404. Recovery of cost-recovery charges

Division 5--Miscellaneous

405. Secretary may remit or refund cost-recovery charges
406. Secretary may direct that activities not be carried out

PART 5--RECORDS

Division 1--Introduction

407. Simplified outline of this Part

Division 2--Records

408. Requirements to retain records

PART 6--MISCELLANEOUS

Division 1--Introduction

409. Simplified outline of this Part

Division 2--Taking, testing and analysing samples

410. Methods for taking, testing and analysing certain samples
411. Storage of samples
412. Test or analysis may result in destruction or reduction in value of sample
413. Appointment of analyst
414. Analyst may give certificate
415. Admission of analyst's certificate in proceedings

Division 3--Forfeiture of goods

416. Forfeiture of goods

Division 4--Damaged and destroyed goods etc

417. Person complying with direction or request must not damage or destroy goods
418. Goods seized in certain circumstances may be destroyed
419. Compensation for damaged or destroyed goods
420. Claims for, and amount of, compensation

Division 5--Partnerships, unincorporated associations and trusts

421. Treatment of partnerships
422. Treatment of unincorporated associations
423. Treatment of trusts

Division 6--Matters relating to export of livestock

424. Report to Parliament about export of livestock

Division 7--Miscellaneous

425. Compensation for acquisition of property
426. Privilege against self-incrimination
427. Hindering compliance with the Act etc.
427A. Influencing a person performing functions or duties or exercising powers
428. Power or requirement to do or cause a thing to be done
429. Arrangements with States and Territories to assist in carrying out this Act
430. Protection from civil proceedings
431. Circumstances in which relevant Commonwealth liability of a person is taken to have been paid
432. Rules

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