Document ID: chunk:federal_register_of_legislation:C2020A00013:clause:3_42
Version: federal_register_of_legislation:C2020A00013
Segment Type: clause
Provision Reference: sch 3 cl 42
Character Range: 89650–91896

42  Suspension or variation of wood export licence to export hardwood wood chips
(1) This item applies in relation to a wood export licence to export hardwood wood chips if:
 (a) the Minister had, under old Export Control Regulations, taken any of the following actions:
 (i) suspended the wood export licence;
 (ii) varied a condition or restriction of the wood export licence;
 (iii) imposed additional conditions or restrictions on the wood export licence; and
 (b) the period of 28 days starting on the day the action was taken had not ended before the commencement time; and
 (c) the suspension or variation had not been cancelled, or the additional conditions or restrictions had not been withdrawn, (as the case may be) before the commencement time.
(2) If notice of the action taken had not been given to the holder of the wood export licence before the commencement time, the Minister must notify the holder of the wood export licence of the action taken as soon as practicable after the commencement time.
(3) The Minister must investigate, or complete the investigation into, the validity of the belief under which the action was taken.
(4) If the Minister finds that the belief may not be valid, the Minister must cancel the suspension or variation of conditions or restrictions, or withdraw the additional conditions or restrictions (as the case requires).
(5) Despite anything in this item, the action taken by the Minister ceases to have effect at the earliest of the following:
 (a) the end of the period of 28 days starting on the day the action was taken;
 (b) if the Minister cancels the suspension or variation of conditions or restrictions, or withdraws the additional conditions or restrictions, under subitem (4)—the day on which the cancellation or withdrawal takes effect;
 (c) if the conditions of the wood export licence are varied, or the licence is suspended or revoked, under Chapter 6 of the new Export Control Act—the day when the variation, suspension or revocation under that Chapter takes effect.
Note: A decision to vary the conditions of the wood export licence, or suspend or revoke the licence, under Chapter 6 of the new Export Control Act is a reviewable decision under Part 2 of Chapter 11 of that Act.