Document ID: chunk:federal_register_of_legislation:F2021L00317:reg:4:p42
Version: federal_register_of_legislation:F2021L00317
Segment Type: reg
Provision Reference: reg 4 (pt 42/53)
Character Range: 152390–155184

12(1) of the Electronic Transactions Act 1999.

5‑47  Verification of compliance with the Act and other matters

Matters that must be verified
 (1) The holder of an approved arrangement for a kind of export operations in relation to prescribed fish or fish products must verify that carrying out the export operations at a registered establishment in accordance with the approved arrangement will ensure compliance with the following:
 (a) the applicable requirements of the Act;
 (b) the conditions in Divisions 2 to 7 of this Part;
 (c) section 5‑46 of this instrument (management practices, organisational structure, resources and personnel).

Record of verification
 (2) A written record must be made of:
 (a) the methods, procedures, tests, monitoring and other evaluations used to verify compliance with the matters referred to in subsection (1); and
 (b) the results of the verification.
Note: The holder of the approved arrangement must retain each record made under this subsection for 3 years (see subsection 11‑8(2)).

Inventory controls
 (3) The necessary inventory controls must be used in verifying compliance with the matters referred to in paragraphs (1)(b) and (c).
 (4) The inventory controls must be in writing, comprehensive, and able to be audited under Part 1 of Chapter 9 of the Act and as required by section 5‑49 of this instrument.
 (5) Without limiting subsection (4), a record must be made of all information necessary to ensure the following in relation to prescribed fish or fish products prepared for export at the registered establishment:
 (a) traceability to each lot of prescribed fish or fish products prepared for export at the registered establishment;
 (b) traceability to the supplier of each ingredient used in each lot of prescribed fish or fish products (including date of supply).
 (6) For the purposes of paragraph (5)(a), the record must include for each lot of prescribed fish or fish products prepared for export at the registered establishment:
 (a) the identity of the lot; and
 (b) the quantity of fish or fish products in the lot; and
 (c) a description of the fish or fish products in the lot and their ingredients; and
 (d) the date of preparation of the fish or fish products in the lot; and
 (e) for fish harvested at the establishment, or fish products containing fish harvested at the establishment—the date and location of harvest.

5‑48  Action must be taken to address non‑compliance
 (1) If a matter referred to in subsection 5‑47(1) has not been complied with, or is not likely to be complied with, in carrying out export operations in relation to prescribed fish or fish products in accordance with an approved arrangement:
 (a) action must be taken:
 (i) to address the non‑compliance; and
 (ii) to ensure that the non‑compliance