Document ID: chunk:federal_register_of_legislation:F2024C00422:reg:37:p7
Version: federal_register_of_legislation:F2024C00422
Segment Type: reg
Provision Reference: reg 37 (pt 7/21)
Character Range: 338370–341186

Control (Animals) Order; and
 (b) the approval was in force immediately before the commencement time;
then the approval continues to have effect after the commencement time as if it had been given under paragraph 6‑37(1)(a) of this instrument and subject to the conditions (if any) to which the approval was subject immediately before the commencement time.

12‑5  Request to vary ESCAS made before commencement time
  If:
 (a) an exporter had requested the Secretary under paragraph 1A.23(1)(b) or (c) of the old Export Control (Animals) Order to approve a variation of an approved ESCAS or vary the conditions imposed on an approved ESCAS; and
 (b) no decision on the request had been made before the commencement time;
then, after the commencement time, the application is taken to be an application made under subsection 6‑39(1) of this instrument to approve a variation of the approved ESCAS or the conditions of the approved ESCAS (as the case requires).

12‑6  Variation of approved ESCAS required by Secretary before commencement time
  If:
 (a) the Secretary had, under paragraph 1A.23(1)(a) of the old Export Control (Animals) Order, required an exporter to vary an approved ESCAS in a specified manner; and
 (b) the exporter had not complied with the requirement before the commencement time;
then the exporter must comply with the requirement as soon as practicable after the commencement time.

Part 4—Other matters relating to export

Division 1—Notices of intention to export

12‑7  Notice of intention to export consignment of livestock approved, but consignment not exported, before commencement time
  If:
 (a) the Secretary had approved a notice of intention to export (the NOI) for a proposed export of livestock (the consignment) under subsection 1A.25A(1) of the old Export Control (Animals) Order; and
 (b) the Secretary had not, under subsection 1A.26(2) of that Order:
 (i) cancelled the approval; or
 (ii) required the exporter to vary the NOI; or
 (iii) required the exporter to give the Secretary a new NOI for the proposed export; and
 (c) the consignment had not been exported before the commencement time;
then the approval continues to have effect after the commencement time as if it were an approval of the notice of intention to export the consignment given under paragraph 8‑6(2)(a) of this instrument.
Note 1: The NOI continues in force after the commencement time as if it were a notice of intention to export the consignment given in compliance with subsection 243(1) of the Act (see item 51 of Schedule 3 to the Export Control (Consequential Amendments and Transitional Provisions) Act 2020). If the NOI had not been approved by the Secretary and had not been withdrawn before the commencement time, the Secretary must decide after the commencement time whether to approve the