Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18jx:p1
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18JX (pt 1/2)
Character Range: 89560–92154

18JX  Permits for certain packed articles

 (1) The Secretary may, in writing, issue a permit for the importation of an article packed in advance ready for sale if either of the following apply:
 (a) the package does not include information of the kind prescribed for the purposes of section 18JB;
 (b) the package is not marked with information of the kind prescribed for the purposes of section 18JB in the manner prescribed for the purposes of section 18JE.

 (2) The Secretary may, in writing, issue a permit for the sale of an article packed in advance ready for sale to which any of the following apply:
 (a) the package does not include information of the kind prescribed for the purposes of section 18JC;
 (b) the package is not marked with information of the kind prescribed for the purposes of section 18JC in the manner prescribed for the purposes of section 18JE;
 (c) the package includes a prohibited expression of the kind prescribed for the purposes of section 18JG.

 (3) The Secretary may, in writing, issue a permit for the possession for sale, or offer or exposure for sale, of an article packed in advance ready for sale to which any of the following apply:
 (a) the package does not include information of the kind prescribed for the purposes of section 18JD;
 (b) the package is not marked with information of the kind prescribed for the purposes of section 18JD in the manner prescribed for the purposes of section 18JE;
 (c) the package includes a prohibited expression of the kind prescribed for the purposes of section 18JH.

 (4) The Secretary may only issue a permit under this section if the Secretary is satisfied that:
 (a) the breach is minor in nature; and
 (b) the markings on the package are not misleading; and
 (c) requiring rectification of the breach would impose an unnecessary cost on business.

 (5) A permit under this section may be issued subject to such terms and conditions as are specified in the permit.

 (6) Without limiting subsection (5), a permit under this section is limited to the importation, sale, possession for sale or offer or exposure for sale of the packed article within a specified period of no more than 6 months.

 (7) The Secretary may, by notice in writing, given to the person to whom the permit was issued, extend that period.

 (8) The Secretary may amend or cancel a permit by notice in writing given to the person to whom the permit was issued.

 (9) If:
 (a) a person sells a packed article for which a permit has been issued under this section; and
 (b) the purchaser of the packed article intends to sell the packed