Export Control (Meat and Meat Products) Amendment Orders 2008 (No. 1)1

I, TONY BURKE, Minister for Agriculture, Fisheries and Forestry, make the following orders under regulation 3 of the Export Control (Orders) Regulations 1982.

Dated   13.10 2008

Tony Burke 

TONY BURKE

Minister for Agriculture, Fisheries and Forestry

1 Name of Orders

  These Orders are the Export Control (Meat and Meat Products) Amendment Orders 2008 (No. 1).

2 Commencement

  These Orders commence on the day after they are registered.

3 Amendment of Export Control (Meat and Meat Products) Orders 2005

  Schedule 1 amends the Export Control (Meat and Meat Products) Orders 2005.

Schedule 1 Amendments

(order 3)

 

[1] Schedule 1, subclause 12.4

omit

the person must give the Secretary written notice of the conviction within 7 days after the date on which the conviction occurs

substitute

the person must give the Secretary written notice of the conviction:

 (a) if the person has not been sentenced to a term of imprisonment or has been sentenced to a term of imprisonment that is to be served only on failure to comply with another order of the court—within 7 days after the date of the conviction; or

 (b) if the person has been sentenced to a term of imprisonment (other than a term of imprisonment that is to be served only on failure to comply with another order of the court)—as soon as practicable after the date of the conviction.

[2] Schedule 1, subclause 12.5

substitute

12.5  Subject to subclause 12.7, the occupier of a registered establishment must give to a person who manages or controls the operations carried out at the establishment a written notice that complies with subclause 12.6, and must do so as soon as practicable after the commencement of the Export Control (Meat and Meat Products) Amendment Orders 2008 (No. 1) or the appointment of the person to manage or control the operations, whichever later happens.

Note 1   If the Secretary has reasonable grounds to believe that the occupier of an establishment has failed to comply with a requirement of these Orders, the Secretary may suspend or revoke the approval of an arrangement for the establishment given under clause 5 of this Schedule—see subclause 20.1 of this Schedule.

Note 2   The Secretary may suspend or revoke the registration of an establishment if a person who manages or controls the establishment is convicted of a serious offence—see subclause 18.2 of this Schedule.

Note 3   For the definitions of convicted and serious offence, see suborder 8.1.

12.6  The notice must set out the terms of, or have attached to it a copy of, subclause 12.4 of this Schedule, including the penalty provision, and of the note to that subclause.

12.7  If, before the commencement of the Export Control (Meat and Meat Products) Amendment Orders 2008 (No. 1), the occupier of a registered establishment had given a person a notice that complied with subclause 12.5 of this Schedule as in force at the time when the notice was given, subclause 12.5 of this Schedule does not require the occupier to give the person another notice under that subclause.

Notes

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.