Document ID: chunk:federal_register_of_legislation:F2021L00304:reg:3:p4
Version: federal_register_of_legislation:F2021L00304
Segment Type: reg
Provision Reference: reg 3 (pt 4/47)
Character Range: 48855–51656

operations to prepare the milk or milk products for export have been complied with;
 (c) that the milk or milk products are fit for human consumption.

2‑15  Requirements before issue of government certificate—condition of milk or milk products
  For the purposes of subparagraph 62(2)(b)(iii) of the Act, before a government certificate making a statement in relation to the condition of milk or milk products is issued, the analysis, assessment or examination of the milk or milk products required for the certificate must be carried out in:
 (a) a laboratory accredited by NATA or IANZ to perform the analysis, assessment or examination; or
 (b) another laboratory accredited against international standards to perform the analysis, assessment or examination and approved by the Secretary.

2‑16  Circumstances for refusing to issue government certificate

Circumstances relating to all milk or milk products
 (1) For the purposes of paragraph 67(3)(g) of the Act, each of the following circumstances is prescribed in relation to an application for a government certificate in relation to milk or milk products:
 (a) a condition or disease is present in Australian territory that is likely to affect the acceptability of the milk or milk products to the importing country;
 (b) the export of the milk or milk products could result in trade in the export of goods from Australian territory being adversely affected;
 (c) the applicant for the certificate failed:
 (i) to return a government certificate as required by section 2‑18 of this instrument; or
 (ii) to retain a government certificate in a secure place in accordance with section 11‑4 of this instrument; or
 (iii) to provide facilities and assistance to an auditor as required by section 271 of the Act.

Circumstances relating only to prescribed milk or milk products
 (2) For the purposes of paragraph 67(3)(g) of the Act and without limiting subsection (1) of this section, each of the following circumstances is prescribed in relation to an application for a government certificate in relation to prescribed milk or milk products:
 (a) a prescribed export condition that applies in relation to the milk or milk products has not been complied with;
 (b) the applicant for the certificate failed to comply with a direction given to the applicant under subsection 305(1) of the Act (to deal with non‑compliance with the requirements of the Act);
 (c) an export permit is not in force for the milk or milk products.
Note: Other grounds for the issuing body to refuse to issue a government certificate in relation to prescribed milk or milk products are set out in paragraphs 67(3)(a) to (f) of the Act.

2‑17  Changes that require holder of certificate to give additional or corrected information to the issuing body
  For the purposes of