Document ID: chunk:federal_register_of_legislation:C2020A00013:clause:3_64
Version: federal_register_of_legislation:C2020A00013
Segment Type: clause
Provision Reference: sch 3 cl 64
Character Range: 111831–113932

64  Third party authorised officers under old Export Control Act
(1) This item applies in relation to a person who was appointed to be an authorised officer, or persons included in a class of persons who were appointed to be authorised officers, under section 20 of the old Export Control Act if:
 (a) the person, or each person included in the class of persons, was not an officer or employee of a Commonwealth body or a State or Territory body; and
 (b) the appointment was in force immediately before the commencement time.
(2) The person, or each person included in the class of persons, is taken, at the commencement time, to have been duly authorised by the Secretary under paragraph 291(6)(a) of the new Export Control Act to be a third party authorised officer under that Act.
(3) For the purposes of subitem (2), the instrument appointing the person, or persons included in the class of persons, under section 20 of the old Export Control Act continues in force after the commencement time as if it were an instrument of authorisation under paragraph 291(6)(a) of the new Export Control Act authorising the person, or each person in the class of persons, to be a third party authorised officer under that Act.
(4) If the new Export Control Act or rules made under that Act confer a function or power (a corresponding function or power) on an authorised officer that is substantially similar to a function or power that a person in relation to whom this item applies was authorised to perform or exercise as an authorised officer under the old Export Control Act, old Export Control Regulations or an old Export Control Order, then the instrument of authorisation of the person is taken to specify that corresponding function or power in relation to the person.
(5) The Secretary may vary the instrument of authorisation to replace a reference to an old Export Control Law, or a provision of an old Export Control Law, with a reference to the new Export Control Act or rules made under that Act or a provision of the new Export Control Act or rules made under that Act (as the case requires).