Document ID: chunk:federal_register_of_legislation:C2025C00022:section:161:p1
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 161 (pt 1/3)
Character Range: 292831–295697

161  Application by holder for approval of approved alternative regulatory arrangement or other significant variation or to vary conditions
 (1) The holder of an approved arrangement may apply to the Secretary:
 (a) to approve a variation of the approved arrangement to implement an alternative regulatory arrangement approved under paragraph 379C(1)(a); or
 (b) to approve any other variation, or variations, of the approved arrangement if the holder and the Secretary consider that the variation, or the combined effect of the variations, is significant (having regard to the matters referred to in section 164); or
 (c) to vary the conditions of the approved arrangement.
Note: Section 377 sets out requirements for applications. A single application may be made to approve a variation of an approved arrangement and to renew the approved arrangement.
 (2) If the Secretary receives an application under subsection (1) to approve a variation, or vary conditions, the Secretary must decide:
 (a) to approve the variation or vary the conditions; or
 (ab) to approve the variation, or vary the conditions, with additional conditions or variations of conditions; or
 (b) to refuse to approve the variation or vary the conditions.
Note 1: See section 379 for matters relating to dealing with applications.
Note 2: If the Secretary does not make a decision in relation to the application within the consideration period for the application, the Secretary is taken to have refused the application at the end of that period (see subsection 379(2)).
Note 3: A decision to approve the application with additional conditions or variations of conditions, or to refuse the application, is a reviewable decision (see Part 2 of Chapter 11) and the Secretary must give the holder written notice of the decision (see section 382).

Approval with additional conditions or variations of conditions
 (2A) The Secretary may make a decision under paragraph (2)(ab) only if the Secretary reasonably believes that the additional conditions or variations of conditions are necessary:
 (a) to ensure the integrity of a kind of prescribed goods covered by the approved arrangement; or
 (b) to ensure that export operations covered by the approved arrangement will be carried out in accordance with the approved arrangement; or
 (c) to ensure compliance with a condition of the approved arrangement; or
 (d) to address circumstances relating to a kind of export operations carried out in relation to a kind of prescribed goods covered by the approved arrangement that have changed or will change; or
 (e) to ensure:
 (i) compliance with the requirements of this Act in relation to the export operations and goods covered by the approved arrangement; or
 (ii) that importing country requirements relating to the export operations and goods covered by the approved arrangement are, or will be,