(a) definition of export;

(b) definition of market;

(c) definition of regulated horticultural market;

(d) definition of regulated horticultural product.

any record that is the property of the industry export control body.

the old Export Control Act;

old Export Control Regulations;

an old Export Control Order;

old Part 2 of the AMLI Act;

old AMLI Regulations;

an old AMLI Order.

the use of the expression in that provision relates to an event that occurred, or a state of affairs that existed, under the old Export Control Act, old Export Control Regulations or old Export Control Order before the commencement time; or

the provision has the effect that a provision of the old Export Control Act, old Export Control Regulations or old Export Control Order continues to apply despite the repeal of the old Export Control Act, old Export Control Regulations or old Export Control Order.

the use of the expression in that provision relates to an event that occurred, or a state of affairs that existed, under old Part 2 of the AMLI Act, the old AMLI Regulations or the old AMLI Order before the commencement time; or

the provision has the effect that a provision of old Part 2 of the AMLI Act, the old AMLI Regulations or the old AMLI Order continues to apply despite the repeal of old Part 2 of the AMLI Act, the old AMLI Regulations or the old AMLI Order.

(a) the instrument, certificate or other document includes a reference to an old Export Control Law or a provision of an old Export Control Law (the old provisions); and

(b) the new Export Control Act, or rules made under that Act, make provision (the corresponding new provisions) in relation to the matter covered by the old provisions; and

the corresponding new provisions have a substantially similar effect in relation to the matter as the old provisions;

an instrument of exemption in relation to the relevant goods was in force under the old Export Control Order or the old AMLI Order immediately before the commencement time; and

(b) the new Export Control Act or rules made under that Act include one or more provisions (the corresponding new provisions) that are substantially similar to the provisions of the old Export Control Order or the old AMLI Order that did not apply in relation to the relevant goods under the instrument of exemption.

the exemption to which the instrument of exemption relates were an exemption granted under paragraph 54(1)(a) of the new Export Control Act in relation to:

the relevant goods; and

the corresponding new provisions; and

if applicable, each importing country covered by the instrument of exemption; and

the instrument of exemption were an instrument of exemption for the purposes of subsection 56(1) of the new Export Control Act.

(a) an application had been made under an old Export Control Order or an old AMLI Order for an exemption from one or more provisions of an old Export Control Order or an old AMLI Order in relation to a kind of prescribed goods (the relevant goods); and

(b) the new Export Control Act or rules made under that Act include one or more provisions (the corresponding new provisions) that are substantially similar to the provisions of the old Export Control Order or old AMLI Order from which the exemption was sought; and

either:

no decision on the application had been made before the commencement time; or

a decision on the application had been made before the commencement time but notice of the decision had not been given to the applicant before that time.

the application is taken after the commencement time to be an application made under section 53 of the new Export Control Act for an exemption from the corresponding new provisions in relation to the relevant goods; and

subsections 53(3) to (5) of the new Export Control Act do not apply in relation to the application.

the decision is taken to be a decision under paragraph 54(1)(a) of the new Export Control Act to grant an exemption from the corresponding new provisions in relation to the relevant goods; and

the Secretary must give the applicant an instrument of exemption stating the information referred to in subsection 56(1) of the new Export Control Act.

the reasons for the decision; and

information about the applicant’s right to have the decision reviewed.

as if it had been issued under paragraph 67(1)(a) of the new Export Control Act in relation to the relevant goods; and

subject to any conditions stated on the certificate.

as if the property had been accredited under Chapter 3 of the new Export Control Act; and

subject to any conditions stated in the notice of the decision to accredit the property, or a later decision to renew the accreditation of the property, that was given to the manager of the property by the Secretary before the commencement time.

it is renewed under Part 3 of Chapter 3 of the new Export Control Act on or before that date; or

it is revoked under Part 6 of Chapter 3 of that Act or under rules made for the purposes of subsection 109(3) of that Act on or before that date.

(a) a notice (a show cause notice) had been given to the manager of an accredited property under an old Export Control Order to show cause, within a specified period, why a specified variation in relation to the accreditation of the property should not be made; and

the period had not ended before the commencement time;

the Secretary had made a variation in relation to the accreditation of a property under an old Export Control Order; and

the Secretary had not given the manager of the property written notice of the variation before the commencement time;

the Secretary had made a variation in relation to the accreditation of a property under an old Export Control Order; and

the variation had not taken effect before the commencement time;

as if it had been made under section 90 of the new Export Control Act; and

on the date specified in the notice given to the manager of the property under subsection 91(1) of that Act.

(a) a notice (a show cause notice) had been given to the manager of an accredited property under an old Export Control Order to show cause, within a specified period, why the accreditation of the property should not be suspended; and

the period had not ended before the commencement time;

(a) a notice had been given to a person (the debtor) under an old Export Control Order because the amount of a relevant Commonwealth liability (within the meaning of the old Export Control Order) of the manager of an accredited property, or relating to the property, had not been paid by the due date for payment; and

the period for paying the amount, or entering into an arrangement with the Secretary to pay the amount, had not ended before the commencement time;

the accreditation of a property had been suspended under an old Export Control Order; and

the suspension was in force immediately before the commencement time;

the accreditation of a property was suspended immediately before the commencement time; and

the manager of the property had, under an old Export Control Order, requested the Secretary, in writing, to revoke the suspension; and

either:

no decision in response to the request had been made before the commencement time; or

a decision in response to the request had been made before the commencement time but notice of the decision had not been given to the manager of the property before that time;

the Secretary had, under an old Export Control Order, given the manager of an accredited property notice in writing of the suspension of the accreditation of the property; and

the suspension had not taken effect before the commencement time;

the Secretary is taken to have decided to suspend the accreditation under subsection 94(1) of the new Export Control Act; and

the suspension takes effect after the commencement time in accordance with the notice.

(a) a notice (a show cause notice) had been given to the manager of a property under an old Export Control Order to show cause, within a specified period, why the accreditation of the property should not be cancelled or revoked; and

the period had not ended before the commencement time;

the Secretary had, under an old Export Control Order, given the manager of an accredited property notice in writing of the cancellation or revocation of the accreditation of the property; and

the cancellation or revocation had not taken effect before the commencement time;

the Secretary is taken to have decided to revoke the accreditation under subsection 102(1) of the new Export Control Act; and

the revocation takes effect after the commencement time in accordance with the notice.

the manager of an accredited property had, under an old Export Control Order, given written notice to the Secretary withdrawing the property from accreditation; and

the notice is received by the Secretary after the commencement time;

the day the Secretary receives the notice;

the day specified in the notice.

on the day specified in the request; or

if the Secretary had given the manager a notice requesting the manager to show cause why the accreditation should not be revoked and the Secretary had not decided whether to revoke the accreditation or not—on a later day that the Secretary considers appropriate.

an application had been made to the Secretary under an old Export Control Order:

to accredit a property; or

to renew the accreditation of a property; or

to make or approve a variation in relation to the accreditation of a property or vary the conditions of accreditation of a property; and

no decision on the application had been made, or had been taken to have been made, before the commencement time.

an application referred to in subparagraph (1)(a)(i) is taken to be an application made under section 78 of the new Export Control Act; and

an application referred to in subparagraph (1)(a)(ii) is taken to be an application made under section 83 of the new Export Control Act; and

an application referred to in subparagraph (1)(a)(iii) is taken to be an application made under subsection 87(1) of the new Export Control Act.

the initial consideration period for the application is taken to be the number of days in the old consideration period instead of the period prescribed for an application of that kind by rules made for the purposes of subsection 379(3) of that Act; and

the period starting on the day the Secretary received the application and ending on the day immediately before the commencement time must be counted.

an application had been made to the Secretary under an old Export Control Order:

to accredit a property; or

to renew the accreditation of a property; or

to make or approve a variation in relation to the accreditation of a property or vary the conditions of accreditation of a property; and

a decision on the application had been made, or had been taken to have been made, before the commencement time but notice of the decision had not been given to the applicant before that time.

the reasons for the decision; and

information about the applicant’s right to have the decision reviewed.

a person who was, or who had been, the manager of an accredited property before the commencement time had been given:

notice of the cancellation or revocation of the accreditation of the property under an old Export Control Order; and

(ii) a notice or direction (the old notice or direction) under the old Export Control Order requiring the person to take specified action in relation to the operations and prescribed goods covered by the accreditation; and

the old notice or direction had not been complied with before the commencement time.

within 2 years after receiving it; or

within any longer period granted by the Secretary on application, in writing, by the manager.

as if the establishment had been registered under Chapter 4 of the new Export Control Act; and

subject to any conditions stated in:

the certificate of registration of the establishment; or

any later notice given to the occupier of the establishment by the Secretary before the commencement time.

it is revoked under Part 6 of Chapter 4 of the new Export Control Act; or

it is taken to have been revoked under section 147 of that Act.

it is renewed under Part 3 of Chapter 4 of the new Export Control Act on or before that date; or

it is revoked under Part 6 of Chapter 4 of that Act, or is taken to have been revoked under section 147 of that Act, on or before that date.

(a) a notice (a show cause notice) had been given to the occupier of a registered establishment under an old Export Control Order to show cause, within a specified period, why the registration of the establishment should not be suspended; and

the period had not ended before the commencement time;

a notice had been given to the occupier of a registered establishment under an old Export Control Order because the amount of a relevant Commonwealth liability (within the meaning of the old Export Control Order) in relation to the establishment had not been paid by the due date for payment; and

the period for paying the amount, or entering into an arrangement with the Secretary to pay the amount, had not ended before the commencement time;

the registration of an establishment had been suspended, in full or in part, under an old Export Control Order; and

the suspension was in force immediately before the commencement time;

the Secretary had, under an old Export Control Order, given the occupier of a registered establishment notice in writing of the suspension, in full or in part, of the registration of the establishment; and

the suspension had not taken effect before the commencement time;

the Secretary is taken to have decided to suspend the registration, in full or in part in accordance with the notice, under subsection 127(1) of the new Export Control Act; and

the suspension takes effect after the commencement time in accordance with the notice.

(a) a notice (a show cause notice) had been given to the occupier of a registered establishment under an old Export Control Order to show cause, within a specified period, why the registration of the establishment should not be cancelled or revoked, in full or in part; and

the period had not ended before the commencement time;

the Secretary had, under an old Export Control Order, given the occupier of a registered establishment notice in writing of the cancellation or revocation, in full, of the registration of the establishment; and

the cancellation or revocation had not taken effect before the commencement time;

the Secretary is taken to have decided to revoke the registration under subsection 138(1) of the new Export Control Act; and

the revocation takes effect after the commencement time in accordance with the notice.

the Secretary had, under an old Export Control Order, given the occupier of a registered establishment notice in writing of the cancellation or revocation, in part, of the registration of the establishment; and

the cancellation or revocation had not taken effect before the commencement time;

the Secretary is taken to have decided to suspend the registration, in part, in accordance with the notice, under subsection 127(1) of the new Export Control Act; and

the suspension takes effect after the commencement time in accordance with the notice.

the occupier of a registered establishment had, under an old Export Control Order, notified the Secretary, in writing:

of the termination, in full, of the registration of the establishment; or

that the occupier wished the registration to cease; and

the notice is received by the Secretary after the commencement time;

7 days after the notice is given to the Secretary; or

if a later day is specified in the notice—on that later day.

the occupier of a registered establishment had, under an old Export Control Order, notified the Secretary, in writing, of the termination, in part, of the registration of the establishment; and

the notice is received by the Secretary after the commencement time;

7 days after the notice is given to the Secretary; or

if a later day is specified in the notice—on that later day.

an application had been made to the Secretary under an old Export Control Order:

to register an establishment; or

to renew the registration of an establishment; or

to vary the registration of an establishment or approve an alteration or addition to an establishment; and

no decision on the application had been made, or had been taken to have been made, before the commencement time.

an application referred to in subparagraph (1)(a)(i) is taken to be an application made under section 111 of the new Export Control Act; and

an application referred to in subparagraph (1)(a)(ii) is taken to be an application made under section 116 of the new Export Control Act; and

an application referred to in subparagraph (1)(a)(iii) is taken to be an application made under subsection 120(1) of the new Export Control Act.

the initial consideration period for the application is taken to be the number of days in the old consideration period instead of the period prescribed for an application of that kind by rules made for the purposes of subsection 379(3) of that Act; and

the period starting on the day the Secretary received the application and ending on the day immediately before the commencement time must be counted.

an application had been made to the Secretary under an old Export Control Order:

to register an establishment; or

to renew the registration of an establishment; or

to vary the registration of an establishment or approve an alteration or addition to an establishment; and

a decision on the application had been made, or had been taken to have been made, before the commencement time but notice of the decision had not been given to the applicant before that time.

the notice under subitem (2) must state the information referred to in paragraph 114(b) of the new Export Control Act; and

the Secretary must also give the applicant a certificate of registration stating the information referred to in paragraph 114(a) of the new Export Control Act.

the notice under subitem (2) must state the information referred to in subsection 121(2) of the new Export Control Act; and

if the certificate of registration for the establishment needs to be changed to take account of the variation or approval, the Secretary must, within 7 days after the commencement time, give the occupier of the establishment a new certificate of registration including the variation or alteration or addition that has been approved.

the reasons for the decision; and

information about the applicant’s right to have the decision reviewed.

a person who was, or who had been, the occupier of a registered establishment before the commencement time had been given notice of the cancellation or revocation of the registration of the establishment under an old Export Control Order; and

(b) the person had been given a notice or direction (the old notice or direction) under the old Export Control Order requiring the person to take specified action in relation to any of the following:

export operations carried out at the establishment;

prescribed goods prepared at the establishment;

official marks, export permits or government certificates that were in the possession, or under the control, of the person; and

the notice or direction had not been complied with before the commencement time.

within 2 years after receiving it; or

within any longer period granted by the Secretary on application, in writing, by the occupier.

as if it were an approved arrangement under Chapter 5 of the new Export Control Act; and

subject to any conditions stated in:

the notice of approval of the arrangement; or

any later notice given to the holder of the arrangement by the Secretary before the commencement time.

it is revoked under Part 6 of Chapter 5 of the new Export Control Act; or

it is taken to have been revoked under section 188 of that Act.

it is renewed under Part 3 of Chapter 5 of the new Export Control Act on or before that date; or

it is revoked under Part 6 of Chapter 5 of that Act, or is taken to have been revoked under section 188 of that Act, on or before that date.

(a) a notice (a show cause notice) had been given to a person under an old Export Control Order to show cause, within a specified period, why an approved arrangement held by the person should not be suspended; and

the period had not ended before the commencement time;

(a) a notice had been given, under an old Export Control Order, to a person (the debtor) to whom approval of an arrangement had been given, because the amount of a relevant Commonwealth liability (within the meaning of the old Export Control Order) of the debtor had not been paid by the due date for payment; and

the period for paying the amount, or entering into an arrangement with the Secretary to pay the amount, had not ended before the commencement time;

an approved arrangement had been suspended, in full or in part, under an old Export Control Order; and

the suspension was in force immediately before the commencement time;

the Secretary had, under an old Export Control Order, given a person notice in writing of the suspension, in full or in part, of an approved arrangement held by the person; and

the suspension had not taken effect before that time;

the Secretary is taken to have decided to suspend the approved arrangement, in full or in part in accordance with the notice, under subsection 171(1) of the new Export Control Act; and

the suspension takes effect after the commencement time in accordance with the notice.

(a) a notice (a show cause notice) had been given to a person under an old Export Control Order to show cause, within a specified period, why the approval of an approved arrangement held by the person should not be revoked; and

the period had not ended before the commencement time;

the Secretary had, under an old Export Control Order, given a person notice in writing of the revocation, in full, of the approval of an approved arrangement held by the person; and

the revocation had not taken effect before the commencement time;

the Secretary is taken to have decided to revoke the approved arrangement under subsection 179(1) of the new Export Control Act; and

the revocation takes effect after the commencement time in accordance with the notice.

the Secretary had, under an old Export Control Order, given a person notice in writing of the revocation, in part, of the approval of an approved arrangement held by the person; and

the revocation had not taken effect before the commencement time;

the Secretary is taken to have decided to suspend the approved arrangement, in part, in accordance with the notice, under subsection 171(1) of the new Export Control Act; and

the suspension takes effect after the commencement time in accordance with the notice.

the occupier of a registered establishment had, under an old Export Control Order, given written notice to the Secretary of the termination, in full, of the approval of the occupier’s approved arrangement for the establishment; and

the notice is received by the Secretary after the commencement time;

7 days after the notice is given to the Secretary; or

if a later day is specified in the notice—on that later day.

the occupier of a registered establishment had, under an old Export Control Order, given written notice to the Secretary of the termination, in part, of the approval of the occupier’s approved arrangement for the establishment; and

the notice is received by the Secretary after the commencement time;

7 days after the notice is given to the Secretary; or

if a later day is specified in the notice—on that later day.

before the commencement time, the occupier of a registered establishment had implemented a variation of an approved arrangement for the establishment; and

a record of the variation was required to be made under an old Export Control Order; and

the record was not made before the commencement time.

an application had been made to the Secretary under an old Export Control Order:

to approve a proposed arrangement in respect of operations to prepare a kind of prescribed goods for export; or

to renew an approved arrangement; or

to approve a variation of an approved arrangement; and

no decision on the application had been made, or had been taken to have been made, before the commencement time.

an application referred to in subparagraph (1)(a)(i) is taken to be an application made under section 150 of the new Export Control Act; and

an application referred to in subparagraph (1)(a)(ii) is taken to be an application made under section 155 of the new Export Control Act; and

an application referred to in subparagraph (1)(a)(iii) is taken to be an application made under subsection 161(1) of the new Export Control Act.

the initial consideration period for the application is taken to be the number of days in the old consideration period instead of the period prescribed for an application of that kind by rules made for the purposes of subsection 379(3) of that Act; and

the period starting on the day the Secretary received the application and ending on the day immediately before the commencement time must be counted.

an application had been made to the Secretary under an old Export Control Order:

to approve a proposed arrangement in respect of operations to prepare a kind of prescribed goods for export; or

to renew an approved arrangement; or

to approve a variation of an approved arrangement; and

a decision on the application had been made, or had been taken to have been made, before the commencement time but notice of the decision had not been given to the applicant before that time.

the reasons for the decision; and

information about the applicant’s right to have the decision reviewed.

the Secretary had, under an old Export Control Order, given the occupier of a registered establishment a written notice requiring the occupier to submit to the Secretary a variation of an approved arrangement for the establishment; and

the occupier had not submitted the required variation to the Secretary before the commencement time.

a person had been given notice of the revocation of an approved arrangement held by the person under an old Export Control Order; and

(b) the person had been given a notice or direction (the old notice or direction) under the old Export Control Order requiring the person to take specified action in relation to any of the following:

export operations covered by the approved arrangement;

prescribed goods covered by the approved arrangement;

official marks, export permits or government certificates that were in the possession, or under the control, of the person; and

the notice or direction had not been complied with before the commencement time.

within 2 years after receiving it; or

within any longer period granted by the Secretary on application, in writing, by the holder.

as if it had been granted under section 191 of the new Export Control Act; and

subject to any conditions stated in the licence.

an application had been made to the Secretary under old Part 2 of the AMLI Act or old AMLI Regulations:

to grant an export licence; or

to renew an export licence; or

to approve a variation of a live-stock export licence; and

no decision on the application had been made, or had been taken to have been made, before the commencement time.

an application referred to in subparagraph (1)(a)(i) is taken to be an application made under section 190 of the new Export Control Act; and

an application referred to in subparagraph (1)(a)(ii) is taken to be an application made under section 195 of the new Export Control Act; and

an application referred to in subparagraph (1)(a)(iii) is taken to be an application made under subsection 199(1) of the new Export Control Act.

the initial consideration period for the application is taken to be the period of 2 months starting on the day the application was made instead of the period prescribed for an application of that kind by rules made for the purposes of subsection 379(3) of that Act; and

the period starting on the day the Secretary received the application and ending on the day immediately before the commencement time must be counted.

an application had been made to the Secretary under old Part 2 of the AMLI Act or old AMLI Regulations:

to grant an export licence; or

to renew an export licence; or

to approve a variation of a live-stock export licence; and

a decision on the application had been made, or had been taken to have been made, before the commencement time but notice of the decision had not been given to the applicant before that time.

the notice under subitem (2) must state the information referred to in subsection 200(2) of the new Export Control Act; and

if the licence needs to be changed to take account of the variation, the Secretary must, within 7 days after the commencement time, give the holder of the licence a new live-stock export licence including the variation.

the reasons for the decision; and

information about the applicant’s right to have the decision reviewed.

under paragraph 17(1)(b) of old Part 2 of the AMLI Act, the Secretary had given a written direction to be complied with by the holder of an export licence; and

the direction was in force immediately before the commencement time.

the export licence had been suspended under subsection 23(5) or paragraph 24(1)(e) or (f) of old Part 2 of the AMLI Act; and

the suspension was in force immediately before the commencement time;

the Secretary had received a written request to cancel an export licence under section 25 of old Part 2 of the AMLI Act; and

the export licence had not been cancelled before the commencement time;

as if it had been granted under section 191 of the new Export Control Act; and

subject to any conditions or restrictions specified in the licence.

an application had been made to the Secretary under old Export Control Regulations to grant a wood export licence; and

no decision on the application had been made before the commencement time.

an application had been made to the Secretary under old Export Control Regulations to grant a wood export licence; and

a decision on the application had been made before the commencement time but notice of the decision had not been given to the applicant before that time.

the wood export licence is taken to have been granted under Chapter 6 of the new Export Control Act; and

the Secretary must give the applicant an export licence stating the information referred to in subsection 193(2) of that Act.

the reasons for the decision; and

information about the applicant’s right to have the decision reviewed.

the Minister had, under old Export Control Regulations, taken any of the following actions:

suspended the wood export licence;

varied a condition or restriction of the wood export licence;

imposed additional conditions or restrictions on the wood export licence; and

the period of 28 days starting on the day the action was taken had not ended before the commencement time; and

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.

the end of the period of 28 days starting on the day the action was taken;

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;

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.

the Minister had, under old Export Control Regulations, taken any of the following actions:

suspended the wood export licence;

varied a condition of the wood export licence;

imposed additional conditions on the wood export licence; and

the period of 28 days starting on the day the action was taken had not ended before the commencement time; and

the suspension or variation had not been removed, or the additional conditions had not been withdrawn, (as the case may be) before the commencement time.

the end of the period of 28 days starting on the day the action was taken;

if the Minister removes the suspension or variation of conditions, or withdraws the additional conditions, under subitem (4)—the day on which the removal or withdrawal takes effect;

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.

an initial decision made under the old Export Control Regulations before the commencement time; and

a decision of the Minister (whether made before or after the commencement time) following a reconsideration of an initial decision referred to in paragraph (a).

an export licence that continues in force after the commencement time under subitem 33(3); and

a wood export licence that continues in force after the commencement time under subitem 39(3).

within 2 years after receiving it; or

within any longer period granted by the Secretary on application, in writing, by the holder.

as if it had been issued to the person under paragraph 225(1)(a) of the new Export Control Act; and

subject to any conditions specified in the export permit and any other conditions that were applicable to the export permit.

a person had applied under an old Export Control Order for the grant or issue of an export permit for goods; and

no decision on the application had been made before the commencement time.

a person had, under an old Export Control Order, requested the Secretary, in writing, to vary an export permit; and

no decision on the request had been made before the commencement time.

a person had, under an old Export Control Order, requested the Secretary, in writing, to vary an export permit; and

a decision on the request had been made before the commencement time but notice of the decision had not been given to the person before that time.

the Secretary had varied an export permit under an old Export Control Order (other than on request by a person); and

notice of the variation had not been given before the commencement time.

issue the varied export permit to the holder of the export permit; and

give the holder a written notice stating the reasons for the variation.

a person had given the Secretary a notice of intention to export a kind of prescribed goods under an old Export Control Order; and

the goods had not been exported before the commencement time.

a person had given the Secretary a notice of intention to export a kind of prescribed goods under an old Export Control Order; and

before the commencement time, the Secretary had given the person a notice requiring the person:

to vary the notice of intention to export the goods; or

to give the Secretary a new notice of intention to export the goods; and

the person had not complied with the Secretary’s notice before the commencement time.

goods that were exported before the commencement time but had not been presented to an importing country before that time; or

goods that are exported after the commencement time.

applied directly to the goods; or

applied to any carton, can or packaging material containing the goods; or

applied to, or stated in, any document relating to the goods; or

applied to any covering, label, reel or other thing used in connection with the goods; or

applied in any other way permitted by the old Export Control Order.

a stamp, seal, label or mark that was an official mark under an old Export Control Order was applied to goods before the commencement time; and

the goods are presented to an importing country after the commencement time.

a reference in the name of a set of tariff rate quota rules to “order” is taken to be a reference to “rules”; and

(b) a reference in a provision of a set of tariff rate quota rules to Export Control Act 1982 is taken to be a reference to section 264 of the Export Control Act 2020.section 23A of the

the Secretary had, under an old Export Control Order, required an audit of operations, or of any other matter, related to a kind of prescribed goods to be conducted; and

the audit had not commenced before the commencement time.

the Secretary had, under an old Export Control Order, required an audit of operations, or of any other matter, related to a kind of goods to be conducted; and

either:

the audit had commenced before the commencement time but had not been completed before that time; or

the audit had been completed before the commencement time but the process to be followed after the completion of the audit had not been completed before the commencement time.

the person was approved as an auditor to conduct audits of operations, or any other matter, related to a kind of goods under an old Export Control Order; and

the approval was in force immediately before the commencement time.

a person had made a written verification, or given a written verification to the Secretary, under an old Export Control Order that:

the requirements of the old Export Control Act and the old Export Control Order that applied in relation to the goods had been complied with; and

importing country requirements relating to the goods had been met; and

a government certificate had not been issued in relation to the goods, or an export permit had not been given for the goods, before the commencement time.

the Secretary had given a written notice to a person under subsection 11Q(1) of the old Export Control Act or subsection 51(1) of old Part 2 of the AMLI Act; and

the period stated in the notice had not ended before the commencement time; and

the person had not complied with the notice before the commencement time;

the power to make rules under item 92 of this Schedule must not be delegated under subsection 288(1) of the new Export Control Act; and

the function under item 89 of this Schedule (which deals with reports to Parliament about live-stock) must not be subdelegated under subsection 288(2) of the new Export Control Act.

the Secretary or an authorised officer had given a direction to a person under an old Export Control Order; and

the direction had not been complied with before the commencement time.

the person, or each person included in the class of persons, was an officer or employee of a Commonwealth body or a State or Territory body; and

the appointment was in force immediately before the commencement time.

the person, or each person included in the class of persons, was not an officer or employee of a Commonwealth body or a State or Territory body; and

the appointment was in force immediately before the commencement time.

the person, or each person included in the class of persons, was an officer or employee of a Commonwealth body or a State or Territory body; and

the appointment was in force immediately before the commencement time.

an authorised officer had given a direction under old Export Control Regulations or an old Export Control Order requiring the manager of an accredited property, the occupier of a registered establishment, the holder of an approved arrangement, the holder of an export licence or the holder of an export permit to take specified action in relation to a kind of prescribed goods; and

the direction had not been complied with, or had not been fully complied with, before the commencement time.

to have been issued to the authorised officer under subsection 306(1) of the new Export Control Act; and

to comply with subsection 306(2) of that Act.

to have been issued to the authorised officer under subsection 306(1) of the new Export Control Act; and

to comply with subsection 306(2) of that Act.

the amount were a cost-recovery charge; and

rules made for the purposes of section 400 of the new Export Control Act prescribed that the time when the amount is due and payable is when a demand for payment of the amount is made; and

the person liable to pay the amount were the exporter.

for the purpose of determining:

whether this Act or an old Export Control Law has been, or is being, complied with; or

whether information provided for the purposes of this Act or an old Export Control Law is correct; or

if an authorised officer suspects on reasonable grounds that there may be on any premises:

a thing with respect to which an offence against this Act or an old Export Control Law has been committed or is suspected, on reasonable grounds, to have been committed, or a civil penalty provision of this Act has been contravened or is suspected, on reasonable grounds, to have been contravened; or

a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of an offence against this Act or an old Export Control Law, or evidence as to the contravention of a civil penalty provision of this Act; or

a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing an offence against this Act or an old Export Control Law, or for the purpose of contravening a civil penalty provision of this Act.

in those provisions, the expression “this Act” included a reference to this Act and each old Export Control Law; and

the following were relevant premises for the purposes of Part 5 of Chapter 10 of the new Export Control Act:

premises that were registered premises or a registered establishment under an old Export Control Order;

a property that was an accredited property under an old Export Control Order.

whether old Part 2 of the AMLI Act, old AMLI Regulations or an old AMLI Order has been complied with; or

whether information provided for the purposes of old Part 2 of the AMLI Act, old AMLI Regulations or an old AMLI Order is correct.

a warrant had been issued under section 10B of the old Export Control Act; and

the warrant was in force immediately before the commencement time;

a warrant had been issued under section 10E of the old Export Control Act or section 37 of old Part 2 of the AMLI Act; and

the warrant was in force immediately before the commencement time;

an application for a warrant had been made under subsection 10B(1) of the old Export Control Act; and

no decision on the application had been made before the commencement time;

an application for a warrant had been made under subsection 10E(1) of the old Export Control Act or subsection 37(1) of old Part 2 of the AMLI Act; and

no decision on the application had been made before the commencement time;

it had been seized under Part III of the old Export Control Act and was being retained, in accordance with section 11H of that Act, immediately before the commencement time; or

it had been seized under section 34 or 35 of old Part 2 of the AMLI Act and was being retained, in accordance with section 44 of that Act, immediately before the commencement time.

an application for an order that a thing be kept for a further period had been made under subsection 11J(1) of the old Export Control Act or subsection 45(1) of old Part 2 of the AMLI Act; and

no decision on the application had been made before the commencement time;

an authorised officer had, under subsection 11P(1) of the old Export Control Act or subsection 47(1) of old Part 2 of the AMLI Act, required a person to give information to the officer or produce documents referred to by the officer; and

the requirement had not been complied with before the commencement time.

were not finally determined before the commencement time; or

are instituted after the commencement time.

an initial decision that was made before the commencement time; and

a decision of the Secretary (whether made before or after the commencement time) following a reconsideration of an initial decision referred to in paragraph (a).

the following were cost-recovery charges:

(i) fees required to be paid by the Export Control (Fees) Order 2015 (as in force immediately before the commencement time);

(ii) late payment fees required to be paid by the Export Control (Fees) Order 2015 (as in force immediately before the commencement time);

(iii) late payment fees prescribed by regulations made for the purposes of subsection 11(1) of the Export Charges (Collection) Act 2015 (as in force immediately before the commencement time); and

rules made for the purposes of section 400 of the new Export Control Act prescribed that the time when a fee described in subparagraph (a)(i) is due and payable is when a demand for payment of the fee is made; and

rules made for the purposes of section 403 of the new Export Control Act specified that a late payment fee described in subparagraph (a)(ii) or (iii) was due and payable at the commencement time; and

(d) the person liable to pay an amount treated by subparagraph (a)(i) or (ii) as a cost-recovery charge were the person specified by the Export Control (Fees) Order 2015 (as in force immediately before the commencement time) as the person who was liable to pay the amount; and

(e) the person liable to pay an amount treated by subparagraph (a)(iii) as a cost-recovery charge were the person prescribed by regulations made for the purposes of subsection 11(3) of the Export Charges (Collection) Act 2015 (as in force immediately before the commencement time) as the person who was liable to pay the amount.

a person had been appointed, under subsection 53(1) of old Part 2 of the AMLI Act, to be an analyst for the purposes of that Part; and

the appointment was in force immediately before the commencement time;

before the commencement time, an authorised officer or a person at a laboratory:

had analysed goods or another thing in relation to which an offence against the old Export Control Act, old Export Control Regulations or an old Export Control Order, was or is alleged to have been committed; and

had given a certificate in respect of the analysis; and

proceedings for the offence:

had been instituted, but had not been finally determined, before the commencement time; or

had not been instituted before the commencement time.

the certificate had been given under section 414 of the new Export Control Act; and

a reference in section 415 of the new Export Control Act to “this Act” included a reference to the old Export Control Act, old Export Control Regulations or old Export Control Order; and

in subsection 415(2) of the new Export Control Act, the words “At least 14 days before” were omitted and the word “Before” were substituted.

before the commencement time, an analyst had signed a certificate, under subsection 53(2) of old Part 2 of the AMLI Act, in respect of a substance in relation to which an offence against that Part was or is alleged to have been committed; and

proceedings for the offence:

had been instituted, but had not been finally determined, before the commencement time; or

had not been instituted before the commencement time.

the certificate had been given under section 414 of the new Export Control Act; and

a reference in section 415 of the new Export Control Act to “this Act” included a reference to old Part 2 of the AMLI Act; and

in subsection 415(2) of the new Export Control Act, the words “At least 14 days before” were omitted and the word “Before” were substituted.

a reference in section 415 of the new Export Control Act to “this Act” included a reference to the old Export Control Act, old Export Control Regulations or old Export Control Order; and

in subsection 415(2) of the new Export Control Act, the words “At least 14 days before” were omitted and the word “Before” were substituted.

a reference in section 415 of the new Export Control Act to “this Act” included a reference to old Part 2 of the AMLI Act; and

in subsection 415(2) of the new Export Control Act, the words “At least 14 days before” were omitted and the word “Before” were substituted.

before the commencement time, a court had ordered the forfeiture to the Commonwealth of the goods (including any coverings in which the goods were contained) under subsection 18(1) of the old Export Control Act or subsection 57(1) of old Part 2 of the AMLI Act; and

the goods had not been sold or otherwise disposed of before the commencement time as permitted by subsection 18(3) of the old Export Control Act or subsection 57(3) of old Part 2 of the AMLI Act (as applicable).

convicted of an offence against the old Export Control Act, old Export Control Regulations, an old Export Control Order, old Part 2 of the AMLI Act, or this Act in relation to particular goods; or

found to have contravened a civil penalty provision of this Act in relation to particular goods.

the expression “an offence against this Act” included a reference to an offence against the old Export Control Act, old Export Control Regulations, an old Export Control Order, old Part 2 of the AMLI Act, or this Act; and

the expression “a civil penalty provision of this Act” included a reference to a civil penalty provision of this Act.

the Federal Court of Australia; or

the Supreme Court of a State or Territory;

this Act or an instrument made under this Act;

the old Export Control Act, or an instrument made under that Act, to the extent that it continues to apply because of this Act;

the new Export Control Act or an instrument made under that Act, or the Regulatory Powers Act, to the extent that it applies because of this Act.

required or permitted by this Act to be prescribed by the rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

the amendments or repeals made by this Act; or

(b) the enactment of this Act or the Export Control Act 2020.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act or the Export Control Act 2020.