Document ID: chunk:federal_register_of_legislation:C2020A00013:clause:3_28
Version: federal_register_of_legislation:C2020A00013
Segment Type: clause
Provision Reference: sch 3 cl 28
Character Range: 69180–71762

28  Application for approval of proposed arrangement etc. made but not decided before commencement time
(1) This item applies if:
 (a) an application had been made to the Secretary under an old Export Control Order:
 (i) to approve a proposed arrangement in respect of operations to prepare a kind of prescribed goods for export; or
 (ii) to renew an approved arrangement; or
 (iii) to approve a variation of an approved arrangement; and
 (b) no decision on the application had been made, or had been taken to have been made, before the commencement time.
(2) After the commencement time:
 (a) an application referred to in subparagraph (1)(a)(i) is taken to be an application made under section 150 of the new Export Control Act; and
 (b) an application referred to in subparagraph (1)(a)(ii) is taken to be an application made under section 155 of the new Export Control Act; and
 (c) an application referred to in subparagraph (1)(a)(iii) is taken to be an application made under subsection 161(1) of the new Export Control Act.
Note: Section 378 of the new Export Control Act (which requires additional or corrected information in relation to an application to be given in certain circumstances) applies in relation to the application.
(3) Section 377, paragraph 379(1)(a) and subsection 379(4) of the new Export Control Act do not apply in relation to the application.
(4) If, under the old Export Control Order, a decision to refuse the application would have been taken to have been made at the end of a period (the old consideration period) specified in the old Export Control Order, then, in working out the consideration period for the application for the purposes of section 379 of the new Export Control Act:
 (a) the initial consideration period for the application is taken to be the number of days in the old consideration period instead of the period prescribed for an application of that kind by rules made for the purposes of subsection 379(3) of that Act; and
 (b) the period starting on the day the Secretary received the application and ending on the day immediately before the commencement time must be counted.
(5) If subitem (4) does not apply in relation to the application, the consideration period for the application for the purposes of section 379 of the new Export Control Act starts on the day the commencement time occurs.
Note: The initial consideration period for an application to which subitem (5) applies is the period prescribed for an application of that kind by rules made for the purposes of subsection 379(3) of the new Export Control Act.