Document ID: chunk:federal_register_of_legislation:C2025C00022:section:120:p1
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 120 (pt 1/3)
Character Range: 228664–231410

120  Application by occupier for variation of registration or approval of alteration of establishment
 (1) The occupier of a registered establishment may apply to the Secretary:
 (a) to vary the registration in relation to any of the following matters (including by adding or removing any of those matters):
 (i) kinds of export operations;
 (ii) kinds of prescribed goods;
 (iii) if applicable, places to which goods may be exported; or
 (b) to approve an alteration of the establishment (including an addition to the establishment); or
 (c) to vary the conditions of the registration; or
 (d) to vary the particulars relating to the registration to make a minor change to a matter (including to correct a minor or technical error); or
 (e) to vary any other aspect of the registration.
Example: For the purposes of paragraph (e), a variation may be needed to change the name of a person who manages or controls, or will manage or control, export operations covered by the registration.
Note: Section 377 sets out requirements for applications. A single application may be made to make or approve a variation in relation to the registration of an establishment and to renew the registration of the establishment.
 (2) If the Secretary receives an application under subsection (1) to make a variation or approve an alteration, the Secretary must decide:
 (a) to make the variation or approve the alteration; or
 (ab) to make the variation, or approve the alteration, with additional conditions or variations of conditions; or
 (b) to refuse to make the variation or approve the alteration.
Note 1: See section 379 for matters relating to dealing with applications.
Note 2: If the Secretary does not make a decision in relation to the application within the consideration period for the application, the Secretary is taken to have refused the application at the end of that period (see subsection 379(2)).
Note 3: A decision to approve the application with additional conditions or variations of conditions, or to refuse the application, is a reviewable decision (see Part 2 of Chapter 11) and the Secretary must give the applicant written notice of the decision (see section 382).
 (3) The Secretary may make a decision under paragraph (2)(a) or, subject to subsections (4) and (5), paragraph (2)(ab), if the Secretary is satisfied, having regard to any matter that the Secretary considers relevant, that, if the decision is made:
 (a) the requirements referred to in paragraphs 112(2)(b) to (f) would continue to be met; and
 (b) any other requirement prescribed by the rules would be met; and
 (c) in the case of a variation because a new person (other than the occupier of the registered establishment) has started, or is to start, managing or