Statutory Rules 1986 No. 3271

Export Control (Unprocessed Wood)

Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Export Control Act 1982.

Dated 29 October 1986.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

John Kerin

Minister of State for Primary Industry

——————

Grant or refusal of licence

1. Regulation 8 of the Export Control (Unprocessed Wood) Regulations is amended by adding at the end the following sub-regulations:

“(2) Where notice of a refusal to grant a licence is given to a person under sub-regulation (1), a statement setting out the reasons for the refusal shall be prepared and, subject to this regulation, furnished to that person together with the notice.

“(3) Where the Minister certifies, by writing signed by the Minister, that the disclosure of matter contained in a statement prepared in accordance with sub-regulation (2) would be contrary to the public interest by reason that it would involve the disclosure of deliberations of the Cabinet or a Committee of the Cabinet, the Minister—

(a) is not required to include that matter in the statement; and

(b) if the statement would be false or misleading if it did not include that matter—is not required to furnish the statement.

S.R. 342/86—Cat. No.            10/17.10.1986

“(4) Where the Minister—

(a) is required under sub-regulation (1) to give to a person notice of a refusal to grant a licence; and

(b) has given a certificate under sub-regulation (3) in relation to matter contained in a statement prepared in accordance with sub-regulation (2),

the Minister shall notify that person in writing—

(c) in a case where the matter is not included in the statement—that the matter is not so included and giving the reason for not including the matter; or

(d) in a case where the statement is not furnished—that the statement will not be furnished and giving the reason for not furnishing the statement.”.

Reconsideration and review of certain decisions

2. Regulation 16 of the Export Control (Unprocessed Wood) Regulations is amended by inserting after sub-regulation (5) the following sub-regulation:

“(5a) A delegate of the Minister shall not reconsider a relevant decision in the making of which that delegate has had a part.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 6 November 1986.

2. Statutory Rules 1986 No. 79.

Printed by Authority by the Commonwealth Government Printer