Document ID: chunk:federal_register_of_legislation:C2020A00013:clause:3_4
Version: federal_register_of_legislation:C2020A00013
Segment Type: clause
Provision Reference: sch 3 cl 4
Character Range: 16480–18883

4  Exemptions from old Export Control Order or old AMLI Order in force immediately before commencement time
(1) This item applies in relation to the export of a kind of prescribed goods (the relevant goods) to which an old Export Control Order or an old AMLI Order applied if:
 (a) an instrument of exemption in relation to the relevant goods was in force under the old Export Control Order or the old AMLI Order immediately before the commencement time; and
 (b) the new Export Control Act or rules made under that Act include one or more provisions (the corresponding new provisions) that are substantially similar to the provisions of the old Export Control Order or the old AMLI Order that did not apply in relation to the relevant goods under the instrument of exemption.
(2) The instrument of exemption continues in force after the commencement time as if:
 (a) the exemption to which the instrument of exemption relates were an exemption granted under paragraph 54(1)(a) of the new Export Control Act in relation to:
 (i) the relevant goods; and
 (ii) the corresponding new provisions; and
 (iii) if applicable, each importing country covered by the instrument of exemption; and
 (b) the instrument of exemption were an instrument of exemption for the purposes of subsection 56(1) of the new Export Control Act.
(3) If the exemption was subject to conditions, the exemption continues to be subject to those conditions after the commencement time.
(4) If the instrument of exemption did not provide for the exemption to cease to be in force on a day or at the end of a period, the exemption remains in force unless it is revoked under section 59 of the new Export Control Act.
(5) If the instrument of exemption provided for the exemption to cease to be in force on a specified day or at the end of a specified period, the exemption remains in force until the specified day, or the end of the specified period, unless it is revoked under section 59 of the new Export Control Act.
(6) Section 57 of the new Export Control Act does not apply in relation to the exemption.
(7) The Secretary may vary the instrument of exemption to replace a reference to an old Export Control Law, or a provision of an old Export Control Law, with a reference to the new Export Control Act or rules made under that Act or a provision of the new Export Control Act or rules made under that Act (as the case requires).