export control (fees) orders

COMMONWEALTH OF AUSTRALIA

EXPORT CONTROL (ORDERS) REGULATIONS 1982

PRESCRIBED GOODS (GENERAL) AMENDMENT ORDERS 2004 (No. )

Name of Orders

These Orders are the Prescribed Goods (General) Amendment Orders 2004 (No. ).

2. Commencement

These Orders commence on the day on which they are notified in the Gazette.

3. Amendment of Prescribed Goods (General) Orders

Schedule 1 amends the Prescribed Goods (General) Orders 1985.

Schedule 1

Amendments

(order 3)

[1] Suborder 5.1, definition of Australian boat

substitute

Australian boat has the same meaning as in subsection 4(1) of the Fisheries Management Act 1991.

[2] Suborder 5.1, definition of boat

omit

Fisheries Act 1952

substitute

Fisheries Management Act 1991

[3] Suborder 5.1, after the definition of container system unit

insert

convicted, in relation to an offence, means convicted of the offence within the meaning of subsection 85ZM(1) of the Crimes Act 1914.

[4] Suborder 5.1, definition of holiday

omit

[5] Suborder 5.1, definition of licensed foreign boat

substitute

licensed foreign boat means a foreign boat to which a licence granted under section 34 of the Fisheries Management Act 1991 relates.

[6] Suborder 5.1, after the definition of registered establishment

insert

relevant offence means an offence against a law of the Commonwealth or a State or Territory for which the maximum penalty is a period of imprisonment or a fine of $1,000 or more.

[7] Order 16

omit

contain

substitute

include

[8] Paragraph 16(d)

omit

establishment; and

substitute

establishment.

[9] Paragraph 16(e)

substitute

(e) if the person who is to be the occupier of the establishment is a natural person - particulars of any relevant offence of which the person has been convicted;

(f) if the person who is to be the occupier of the establishment is a body corporate - particulars of any relevant offence of which any person who is to manage or control the operations to be carried on in the establishment has been convicted; and

(g) if the person who is to be the occupier of the establishment is a partnership - particulars of any relevant offence of which any person who is a member of the partnership has been convicted.

[10] Order 16

add

16.2 Nothing in suborder 16.1 requires the application to contain particulars of an offence of which a person has been convicted if the offence is one in relation to which the conviction is spent in accordance with Part VIIC of the Crimes Act 1914.

[11] Subparagraph 24 (h) (ii)

omit

and

substitute

[12] Division IV of Part V, heading

substitute

Division IV Changes relating to occupancy of registered establishment

[13] After order 29

insert

29A Change of name or address to be notified

If there is a change in the name or address of the occupier of a registered establishment, the occupier must, within 7 days after the change, notify the Secretary in writing.

[14] Order 33

substitute

Division VA Other events to be notified

33 Events of which occupier of establishment must inform Secretary

The occupier of a registered establishment must give the Secretary written particulars of the occurrence of any of the following events or circumstances within 7 days after the occurrence of the event or circumstance:

(a) if the occupier is a natural person:

(i) he or she is convicted of a relevant offence;

(ii) he or she becomes bankrupt; or

(iii) he or she executes a deed of arrangement or a deed of assignment under Part X of the Bankruptcy Act 1966;

(b) if the occupier is a body corporate:

(i) the body corporate, or a person who manages or controls the operations carried on at the establishment, is convicted of a relevant offence;

(ii) a court orders that the body corporate be wound up;

(iii) a resolution is passed that it be wound up voluntarily; or

(iv) it enters into administration as defined in section 435C of the Corporations Act 2001;

(i) the partnership, or a member of the partnership, is convicted of a relevant offence; or

(ii) the partnership is dissolved.

[15] Order 41

substitute

41 Secretary may vary registration

41.1 If:

(a) the occupier of a registered establishment ceases to be deemed to be a fit and proper person in accordance with order 47;

(b) in the case of a body corporate - a person who manages or controls the operations carried on at a registered establishment by the body corporate is not deemed to be, or ceases to be deemed to be, a fit and proper person in accordance with order 47;

(c) in the case of a partnership - a member of the partnership in the name of which a registered establishment is registered is not deemed to be, or cease to be deemed to be, a fit and proper person in accordance with order 47;

(d) there are reasonable grounds to believe that circumstances in relation to the condition of, or the equipment in, a registered establishment have changed; or

(e) there are reasonable grounds to believe that the suitability of a registered establishment for the export operations for which it has been registered has changed;

the Secretary may:

(f) vary the conditions to which the registration of the establishment is subject in such manner as the Secretary thinks fit; or

(g) vary the registration of the establishment by reducing the number of export operations that may be carried on at the establishment;

without an application having been made by the occupier of the establishment.

41.2 In paragraph 41.1(f) the reference to varying the conditions to which the registration of an establishment is subject includes a reference to imposing, adding or substituting a condition of registration.

[16] Order 42

after

varies

insert

the conditions to which the registration of an establishment is subject or varies

[17] Order 43, after subparagraph (f)(ii)

insert

(iia) a requirement of order 29A, 31 or 33;

[18] Paragraph 43 (g)

omit

ceases to be deemed to be

substitute

is not deemed to be, or ceases to be deemed to be,