Document ID: chunk:federal_register_of_legislation:F2024C00422:reg:2:p44
Version: federal_register_of_legislation:F2024C00422
Segment Type: reg
Provision Reference: reg 2 (pt 44/102)
Character Range: 160391–163136

required by the form; and
 (d) be made no later than:
 (i) if the importing country requirements for the port or landing place to which the proposed ESCAS relates require pre‑export quarantine or isolation of the livestock—10 business days before the quarantine or isolation begins for the first export to which the ESCAS is to apply; or
 (ii) in any other case—10 business days before the first export to which the proposed ESCAS is to apply.
 (2) Despite paragraph (1)(d), the Secretary may accept an application for approval of a proposed ESCAS at any time if the Secretary considers it reasonable to do so in all the circumstances.
 (3) The Secretary may accept any information or document previously given to the Secretary in connection with an application for approval of a proposed ESCAS as satisfying any requirement to give that information or document under subsection (1).
 (4) An application is taken not to have been made if the application does not comply with the requirements referred to in subsection (1).

6‑37  Secretary may approve proposed ESCAS

Approval of proposed ESCAS
 (1) On receiving an application under section 6‑35 to approve a proposed ESCAS, the Secretary must decide:
 (a) to approve the ESCAS; or
 (b) to refuse to approve the ESCAS.
Note: A decision to refuse to approve a proposed ESCAS is a reviewable decision (see section 11‑1 of this instrument and Part 2 of Chapter 11 of the Act) and the Secretary must give the applicant written notice of the decision (see section 382 of the Act).
 (2) The Secretary must not approve the proposed ESCAS unless the Secretary is satisfied, having regard to any matter that the Secretary considers relevant, that the ESCAS will ensure that livestock to which it will apply will be transported, handled, slaughtered and subjected to any other related operations in accordance with relevant OIE recommendations.
Note: For OIE recommendations, see section 1‑6.
 (3) For the purpose of deciding whether to approve the proposed ESCAS, the Secretary:
 (a) must consider how the ESCAS deals with the matters referred to in subsection 6‑35(4); and
 (b) may have regard to the record of the holder of the licence in relation to compliance with a previously approved ESCAS.

Request for further information or to vary proposed ESCAS
 (4) The Secretary may, by notice in writing, request the applicant:
 (a) to provide further information about a proposed export; or
 (b) to provide further information about the proposed ESCAS; or
 (c) to vary the proposed ESCAS in a specified way.

Proposed ESCAS may be approved subject to conditions
 (5) The Secretary may approve the proposed ESCAS subject to any conditions the Secretary considers appropriate.
Note: A decision to approve a