Document ID: chunk:federal_register_of_legislation:C2020A00013:clause:3_35
Version: federal_register_of_legislation:C2020A00013
Segment Type: clause
Provision Reference: sch 3 cl 35
Character Range: 80498–82701

35  Application for export licence etc. made and decided but applicant not notified before commencement time
(1) This item applies if:
 (a) an application had been made to the Secretary under old Part 2 of the AMLI Act or old AMLI Regulations:
 (i) to grant an export licence; or
 (ii) to renew an export licence; or
 (iii) to approve a variation of a live‑stock export licence; and
 (b) a decision on the application had been made, or had been taken to have been made, before the commencement time but notice of the decision had not been given to the applicant before that time.
(2) The Secretary must, as soon as practicable after the commencement time, give the applicant written notice of the decision.
(3) If the decision was to grant an export licence, the export licence is taken to have been granted under Chapter 6 of the new Export Control Act.
(4) If the decision was to grant or renew an export licence, the Secretary must give the applicant an export licence stating the information referred to in subsection 193(2) of the new Export Control Act.
(5) If the decision was to approve a variation of a live‑stock export licence:
 (a) the notice under subitem (2) must state the information referred to in subsection 200(2) of the new Export Control Act; and
 (b) if the licence needs to be changed to take account of the variation, the Secretary must, within 7 days after the commencement time, give the holder of the licence a new live‑stock export licence including the variation.
(6) If the Secretary had decided, or had been taken to have decided, to refuse the application, the notice under subitem (2) must state:
 (a) the reasons for the decision; and
 (b) information about the applicant's right to have the decision reviewed.
Note: Applications may be made to the Administrative Appeals Tribunal for review of decisions made before the commencement time to refuse to grant an export licence (see subsection 14(1) of old Part 2 of the AMLI Act and section 7 of the Acts Interpretation Act 1901) or a decision made before the commencement time to refuse to approve a variation of a live‑stock export licence (see old AMLI Regulations and section 7 of the Acts Interpretation Act 1901).