Document ID: chunk:federal_register_of_legislation:F2024C00422:reg:2:p46
Version: federal_register_of_legislation:F2024C00422
Segment Type: reg
Provision Reference: reg 2 (pt 46/102)
Character Range: 165402–168063

may require approved ESCAS to be varied or vary conditions of approved ESCAS
 (1) The Secretary may:
 (a) give the holder of an approved ESCAS a written notice requiring the holder to vary any aspect of the approved ESCAS, as specified in the notice, by the date specified in the notice; or
 (b) by written notice to the holder of an approved ESCAS, vary the conditions (if any) of the approved ESCAS (including by imposing new conditions).
Note: A decision to require the holder to vary an aspect of an approved ESCAS, or to vary the conditions of an approved ESCAS, is a reviewable decision (see section 11‑1 of this instrument and Part 2 of Chapter 11 of the Act). The notice given under this subsection must also include the reasons for the decision (see subsection 382(1) of the Act).
 (2) The Secretary may require the holder to vary the approved ESCAS under paragraph (1)(a), or vary the conditions of an approved ESCAS under paragraph (1)(b), if:
 (a) the Secretary is not satisfied that livestock to which the approved ESCAS apply will be dealt with in accordance with the approved ESCAS; or
 (b) the holder has not complied with any conditions of the holder's livestock export licence; or
 (c) the Secretary considers the variation is needed for any other reason.

6‑41  Effect of varied approved ESCAS
  If:
 (a) a variation of an approved ESCAS, or the conditions of an approved ESCAS, is approved under paragraph 6‑39(2)(a); or
 (b) an approved ESCAS, or the conditions of an approved ESCAS, are varied under section 6‑40;
the varied approved ESCAS, and any varied conditions, apply in relation to all livestock to which the ESCAS applies, including livestock that have been exported but have not reached the point of slaughter.

Division 3—Revocation of approved ESCAS

6‑42  Secretary may revoke approved ESCAS
 (1) The Secretary may revoke an approved ESCAS if:
 (a) the Secretary is not satisfied that livestock to which the approved ESCAS apply will be dealt with in accordance with the approved ESCAS; or
 (b) the holder of the approved ESCAS has not complied with any conditions of the approved ESCAS or the holder's livestock export licence; or
 (c) the Secretary considers the ESCAS needs to be revoked for any other reason.
Note: A decision to revoke an approved ESCAS is a reviewable decision (see section 11‑1 of this instrument and Part 2 of Chapter 11 of the Act).

Notice of proposed revocation
 (2) The Secretary must not revoke an approved ESCAS under subsection (1) unless the Secretary has given a written notice to the holder of the approved ESCAS in accordance with subsection (3).
 (3) A notice under subsection (2) must:
 (a)