Document ID: chunk:federal_register_of_legislation:F2023C00578:reg:18
Version: federal_register_of_legislation:F2023C00578
Segment Type: reg
Provision Reference: reg 18
Character Range: 18694–21090

18  When the rate of inspection for risk food may be varied
 (1) For the purposes of paragraphs 16(2)(b) and (i) of the Act, the rate of inspection, or inspection and analysis, of risk food of a particular kind imported from a particular source may be varied in accordance with this section.

Lowering from tightened rate to normal rate
 (2) The rate of inspection, or inspection and analysis, of the food may be lowered from the tightened rate to the normal rate if 5 consecutive batches of the food pass inspection or inspection and analysis.

Lowering from normal rate to reduced rate
 (3) The rate of inspection, or inspection and analysis, of the food may be lowered from the normal rate to the reduced rate if:
 (a) all of the following apply:
 (i) the rate of inspection, or inspection and analysis, of the food has not been raised under this section;
 (ii) 20 consecutive batches of the food pass inspection or inspection and analysis;
 (iii) an authorised officer reasonably believes that the food complies with the applicable standard and does not pose a risk to human health; or
 (b) all of the following apply:
 (i) the rate of inspection, or inspection and analysis, of the food has been raised under this section;
 (ii) after that raising, 5 consecutive batches of the food pass inspection or inspection and analysis;
 (iii) an authorised officer reasonably believes that the food complies with the applicable standard and does not pose a risk to human health.

Raising from normal rate or reduced rate to tightened rate
 (4) The rate of inspection, or inspection and analysis, of the food may be raised from the normal rate, or the reduced rate, to the tightened rate if:
 (a) one or more batches of the food, from which samples are taken, fail inspection or inspection and analysis; or
 (b) an authorised officer reasonably believes that the food does not comply with the applicable standard or poses a risk to human health.

Varying rate if recognised foreign government certificate or recognised quality assurance certificate
 (5) The rate of inspection, or inspection and analysis, of the food may be varied if:
 (a) a recognised foreign government certificate or a recognised quality assurance certificate in relation to the food is provided to an authorised officer; and
 (b) the authorised officer has no reason to doubt the authenticity or reliability of the certificate.