Document ID: chunk:federal_register_of_legislation:C2020A00013:clause:3_37
Version: federal_register_of_legislation:C2020A00013
Segment Type: clause
Provision Reference: sch 3 cl 37
Character Range: 83413–85151

37  Notice to show cause given before commencement time
(1) This item applies if, before the commencement time, the Secretary had given a written notice (a show cause notice) to the holder of an export licence under subsection 23(1) or (2A) of old Part 2 of the AMLI Act.
(2) If the period of 14 days starting on the day the notice was given had not ended before the commencement time, the show cause notice continues to have effect after the commencement time as if it were a notice given to the holder of the export licence under subsections 205(2) and 212(2) of the new Export Control Act.
Note 1: The 14 day period for the holder of the export licence to respond to the show cause notice starts on the day the notice was given to the holder (see paragraphs 205(3)(c) and 212(3)(b) of the new Export Control Act).
Note 2: The Secretary may suspend the export licence under subsection 205(1) of the new Export Control Act or revoke the export licence under subsection 212(1) of that Act.
(3) If:
 (a) the export licence had been suspended under subsection 23(5) or paragraph 24(1)(e) or (f) of old Part 2 of the AMLI Act; and
 (b) the suspension was in force immediately before the commencement time;
then the export licence is taken to be suspended after the commencement time under subsection 205(1) of the new Export Control Act.
Note 1: The suspension may be revoked (see section 209 of the new Export Control Act).
Note 2: Applications may be made to the Administrative Appeals Tribunal for review of decisions made in relation to an export licence under section 23 or subsection 24(1) of old Part 2 of the AMLI Act (see subsections 23(8) and 24(4) of old Part 2 of the AMLI Act and section 7 of the Acts Interpretation Act 1901).