Document ID: chunk:federal_register_of_legislation:C2020A00013:clause:3_10
Version: federal_register_of_legislation:C2020A00013
Segment Type: clause
Provision Reference: sch 3 cl 10
Character Range: 26903–28752

10  Variation of accreditation by Secretary before commencement time

Show cause notice given before commencement time
(1) If:
 (a) a notice (a show cause notice) had been given to the manager of an accredited property under an old Export Control Order to show cause, within a specified period, why a specified variation in relation to the accreditation of the property should not be made; and
 (b) the period had not ended before the commencement time;
then the show cause notice continues to have effect after the commencement time as if it were a notice given to the manager of the property under subsection 90(3) of the new Export Control Act.
Note: The 14 day period for the manager of the property to respond to the show cause notice starts on the day the notice was given to the manager (see paragraph 90(4)(c) of the new Export Control Act).

Variation made but manager not notified before commencement time
(2) If:
 (a) the Secretary had made a variation in relation to the accreditation of a property under an old Export Control Order; and
 (b) the Secretary had not given the manager of the property written notice of the variation before the commencement time;
the Secretary must give the manager written notice of the variation. The notice must state the information referred to in subsection 91(2) of the new Export Control Act.

Variation made before commencement time to take effect after commencement time
(3) If:
 (a) the Secretary had made a variation in relation to the accreditation of a property under an old Export Control Order; and
 (b) the variation had not taken effect before the commencement time;
the variation takes effect:
 (c) as if it had been made under section 90 of the new Export Control Act; and
 (d) on the date specified in the notice given to the manager of the property under subsection 91(1) of that Act.