Document ID: chunk:federal_register_of_legislation:C2023A00064:clause:2_19
Version: federal_register_of_legislation:C2023A00064
Segment Type: clause
Provision Reference: sch 2 cl 19
Character Range: 28760–30722

19  After subsection 161(2)
Insert:

Approval with additional conditions or variations of conditions
 (2A) The Secretary may make a decision 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 approved arrangement; or
 (b) to ensure that export operations covered by the approved arrangement will be carried out in accordance with the approved arrangement; or
 (c) to ensure compliance with a condition of the approved arrangement; or
 (d) to address circumstances relating to a kind of export operations carried out in relation to a kind of prescribed goods covered by the approved arrangement that have changed or will change; or
 (e) to ensure:
 (i) compliance with the requirements of this Act in relation to the export operations and goods covered by the approved arrangement; or
 (ii) that importing country requirements relating to the export operations and goods covered by the approved arrangement are, or will be, met; or
 (f) to correct a minor or technical error; or
 (g) for any other reason prescribed by the rules.
 (2B) The Secretary must not make a decision under paragraph (2)(ab) unless the Secretary has given a written notice to the holder of the approved arrangement in accordance with subsection (2C).
 (2C) 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 approved arrangement 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).