Document ID: chunk:federal_register_of_legislation:F2025C00086:body:0:p29
Version: federal_register_of_legislation:F2025C00086
Segment Type: other
Provision Reference: 
Character Range: 73849–76639

approval of a modification of the QM system; and
 (b) no decision had been made on the application before the commencement time.
 (2) After the commencement time, the application is taken to be an application made under paragraph 161(1)(b) of the Act to approve a significant variation of the continuing approved arrangement.
Note: Section 378 of the Act (which requires additional or corrected information in relation to an application to be given in certain circumstances) applies in relation to the continuing approved arrangement.
 (3) Section 377, paragraph 379(1)(a) and subsection 379(4) of the Act do not apply in relation to the application.
 (4) The consideration period for the application for the purposes of section 379 of the Act starts on the day the commencement time occurs.
Note: The initial consideration period for the application is 120 days (see section 5‑18 of this instrument).

12‑6  Corrective action request given before commencement time
 (1) This section applies to an organisation that is the holder of a continuing approved arrangement under subsection 12‑2(3).
 (2) If:
 (a) the holder had been given a corrective action request under suborder 3.17(1) of the old Export Control (Organic Produce) Orders in relation to the QM certificate to which the continuing approved arrangement relates; and
 (b) before the commencement time:
  (i) the request had not been complied with; and
 (ii) the QM certificate had not been revoked under suborder 3.17(3) of the old Export Control (Organic Produce) Orders;
then the holder must comply with the request on or before the date mentioned in the request.
 (3) If the holder fails to comply with the request on or before the date mentioned in the request, the Secretary may revoke the continuing approved arrangement under paragraph 179(1)(h) of the Act as if the failure to comply with the request were a failure to comply with a direction given to the holder by an authorised officer or the Secretary.

12‑7  Modifications of the Act relating to applications

Application for approval of approved arrangement
 (1) Paragraph 150(2)(a) of the Act has effect in relation to an application to which section 12‑4 of this instrument applies as if the words "or be a record of information from which a written document or documents can be produced" were inserted after the words "in one or more documents".

Requirements for applications—general
 (2) Paragraph 377(2)(b) of the Act has effect in relation to an application to which section 12‑4 or 12‑5 of this instrument applies as if the words "(including by access to a computer database or data compiled electronically from a database)" were added after the words "made available to the Secretary for evaluation".
Note: Under subitem 92(3) of the Schedule 3 to the Export