Document ID: chunk:federal_register_of_legislation:C2023A00064:clause:2_28
Version: federal_register_of_legislation:C2023A00064
Segment Type: clause
Provision Reference: sch 2 cl 28
Character Range: 32714–34335

28  At the end of section 199
Add:

Variation with additional conditions or variations of conditions
 (4) The Secretary may make the variation with additional conditions or variations of conditions under paragraph (2)(ab) only if the Secretary reasonably believes that the additional conditions or variations of conditions are necessary:
 (a) to ensure the integrity of a kind of prescribed goods covered by the licence; or
 (b) to ensure:
 (i) compliance with the requirements of this Act in relation to the export operations and prescribed goods covered by the licence; or
 (ii) that importing country requirements relating to the export operations and prescribed goods covered by the licence are, or will be, met; or
 (c) to ensure compliance with a condition of the licence; or
 (d) to correct a minor or technical error; or
 (e) for any other reason prescribed by the rules.
 (5) The Secretary must not make a decision under paragraph (2)(ab) unless the Secretary has given a written notice to the holder of the licence in accordance with subsection (6).
 (6) The written notice must:
 (a) specify each proposed additional condition or variation of a condition; and
 (b) specify the grounds for each proposed additional condition or variation of a condition; and
 (c) request the holder of the licence to give the Secretary, within 14 days after the day the notice is given, a written statement showing cause why the proposed additional conditions or variations of conditions should not be made; and
 (d) include a statement setting out the holder's right to seek review of a decision made under paragraph (2)(ab).