Document ID: chunk:federal_register_of_legislation:F2021L00625:reg:23
Version: federal_register_of_legislation:F2021L00625
Segment Type: reg
Provision Reference: reg 23
Character Range: 29746–31963

23  Circumstances in which relevant Commonwealth liability of a person is taken to have been paid

Purpose of this section
 (1) For the purposes of section 181 of the Act, this section prescribes circumstances in which a relevant Commonwealth liability of a person is taken to have been paid for the purposes of any of the following provisions (a relevant provision) of the Act:
 (a) paragraph 34(2)(c) (grant of export licence);
 (b) paragraph 39(3)(c) (renewal of export licence);
 (c) paragraph 42(4)(b) (variation of export licence).

Payment undertaking
 (2) A relevant Commonwealth liability of a person is taken to have been paid for the purposes of a relevant provision if:
 (a) the person, or another person, has given a written undertaking (a payment undertaking) to the Minister to pay the amount of the relevant Commonwealth liability; and
 (b) the payment undertaking includes a term that the relevant Commonwealth liability is to be reduced by each amount paid in accordance with the undertaking; and
 (c) the Minister has accepted the payment undertaking, having considered the following matters:
 (i) the financial position of the person who gave the payment undertaking;
 (ii) the nature and likely cost of the export operations to which a decision under the relevant provision relates;
 (iii) whether the person who gave the payment undertaking will be able to comply with the undertaking and, if applicable, meet the cost of the export operations referred to in subparagraph (ii);
 (iv) any other relevant considerations.
 (3) If:
 (a) a payment undertaking relates to 2 or more relevant Commonwealth liabilities; or
 (b) a person has given 2 or more payment undertakings in relation to different relevant Commonwealth liabilities of the person or of another person;
the Minister may determine the order in which payments are to be applied to reduce the outstanding relevant Commonwealth liabilities.

Variation of payment undertaking
 (4) A payment undertaking may be varied at any time by agreement between the Minister and the person who gave the undertaking.
 (5) The variation must not reduce the amount of any relevant Commonwealth liability covered by the undertaking that has not been paid.