Document ID: chunk:federal_register_of_legislation:C2024C00526:section:14:p1
Version: federal_register_of_legislation:C2024C00526
Segment Type: section
Provision Reference: s 14 (pt 1/2)
Character Range: 35019–37638

14  Imported food inspection advice
 (1) After food that is required to be inspected, or inspected and analysed, has been so inspected, or inspected and analysed, an authorised officer must issue a written advice:
 (a) to the owner of the food; and
 (b) if the food is under customs control—to the person having possession of the food at the time;
stating:
 (c) whether the whole or a part of the food dealt with in the advice is identified as failing food; and
 (d) in respect of food that is so identified—how the food is to be dealt with.
 (2) Without limiting subsection (1), an advice issued under this section may indicate that food identified as failing food:
 (a) must be destroyed in accordance with the requirements of section 20; or
 (b) must either be destroyed or re‑exported from Australia in accordance with the requirements of that section; or
 (c) must, if not treated by the owner in accordance with the requirements of that section:
 (i) be destroyed; or
 (ii) be destroyed or re‑exported from Australia;
  in accordance with the requirements of that section.
 (3) Despite subsections (1) and (2), the owner of food identified in an advice under subsection (1) as failing food may, in the circumstances specified in the Food Inspection Scheme, apply, in writing, to an authorised officer for the issue of a further imported food inspection advice in respect of a part of that food.
 (4) Neither:
 (a) the fact that food identified as failing food under an imported food inspection advice may be the subject of an application for a further such advice; nor
 (b) the making of an application for a further such advice in respect of the food;
causes the food to cease to be failing food on the basis of the original advice but, if the original advice indicates that the food must be treated, destroyed or re‑exported, the food is not required to be so treated, destroyed or re‑exported unless:
 (c) the circumstances permitting the application for the further advice cease to exist; or
 (d) an application is made and rejected.
 (5) If the owner of food identified in an advice as failing food makes an application for the issue of a further imported food inspection advice in respect of a part of the food, the person must, if the food to which the application relates is under customs control, inform the person having possession of the food that he or she had made that application.
 (6) If an application is made under subsection (3), an authorised officer must:
 (a) if he or she is not satisfied that the application is made in accordance with the requirements of the Food Inspection Scheme—reject