Document ID: chunk:federal_register_of_legislation:C2023A00064:clause:2_13
Version: federal_register_of_legislation:C2023A00064
Segment Type: clause
Provision Reference: sch 2 cl 13
Character Range: 24568–26592

13  At the end of section 120
Add:

Making variation or approving alteration with additional conditions or variations of conditions
 (4) The Secretary may make the variation, or approve the alteration, 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 registration; or
 (b) to ensure:
 (i) compliance with the requirements of this Act in relation to the export operations and prescribed goods covered by the registration; or
 (ii) that importing country requirements relating to the export operations and prescribed goods covered by the registration are, or will be, met; or
 (c) to ensure compliance with a condition of the registration; or
 (d) to address circumstances relating to the condition of, or the equipment or facilities in, the registered establishment that have changed or will change; or
 (e) to address circumstances relating to a change to the suitability of the establishment for the export operations covered by the registration; or
 (f) to correct a minor or technical error; or
 (g) 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 occupier of the establishment 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 condition; and
 (c) request the occupier of the establishment 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 occupier's right to seek a review of a decision made under paragraph (2)(ab).