Document ID: chunk:federal_register_of_legislation:C2020A00013:clause:3_34
Version: federal_register_of_legislation:C2020A00013
Segment Type: clause
Provision Reference: sch 3 cl 34
Character Range: 78099–80498

34  Application for export licence etc. made but not decided before commencement time
(1) This item applies if:
 (a) an application had been made to the Secretary under old Part 2 of the AMLI Act or old AMLI Regulations:
 (i) to grant an export licence; or
 (ii) to renew an export licence; or
 (iii) to approve a variation of a live‑stock export licence; and
 (b) no decision on the application had been made, or had been taken to have been made, before the commencement time.
(2) After the commencement time:
 (a) an application referred to in subparagraph (1)(a)(i) is taken to be an application made under section 190 of the new Export Control Act; and
 (b) an application referred to in subparagraph (1)(a)(ii) is taken to be an application made under section 195 of the new Export Control Act; and
 (c) an application referred to in subparagraph (1)(a)(iii) is taken to be an application made under subsection 199(1) of the new Export Control Act.
Note: Section 378 of the new Export Control Act (which requires additional or corrected information in relation to an application to be given in certain circumstances) applies in relation to the application.
(3) Section 377, paragraph 379(1)(a) and subsection 379(4) of the new Export Control Act do not apply in relation to the application.
(4) If the application is to grant an export licence, then, in working out the consideration period for the application for the purposes of section 379 of the new Export Control Act:
 (a) the initial consideration period for the application is taken to be the period of 2 months starting on the day the application was made instead of the period prescribed for an application of that kind by rules made for the purposes of subsection 379(3) of that Act; and
 (b) the period starting on the day the Secretary received the application and ending on the day immediately before the commencement time must be counted.
(5) If the application is to renew an export licence or approve a variation of a live‑stock export licence, the consideration period for the application for the purposes of section 379 of the new Export Control Act starts on the day the commencement time occurs.
Note: The initial consideration period for an application to which subitem (5) applies is the period prescribed for an application of that kind by rules made for the purposes of subsection 379(3) of the new Export Control Act.