Document ID: chunk:federal_register_of_legislation:C2004C01405:clause:2_35a:p1
Version: federal_register_of_legislation:C2004C01405
Segment Type: clause
Provision Reference: sch 2 cl 35A (pt 1/2)
Character Range: 58710–61420

35A  Compliance agreements

 (1) The Secretary may, on behalf of the Commonwealth, enter into an agreement (a compliance agreement) with a person in connection with:
 (a) the application of particular procedures in respect of food that may be imported into Australia in accordance with the agreement; and
 (b) the keeping of records by the person in respect of the person's compliance with those procedures; and
 (c) the supervision, monitoring and testing of the person's compliance with those procedures.

 (2) The terms of a compliance agreement must be in accordance with this section and the regulations.

 (3) A compliance agreement may provide that, in circumstances stated in the agreement, the Secretary may, by written notice given to a party to the agreement other than the Commonwealth, cancel or vary the agreement or suspend its operation for a period, or until the happening of an event, stated in the notice.

 (4) An authorised officer may notify a party to a compliance agreement other than the Commonwealth in writing of procedures to which the agreement is to extend in addition to those specifically referred to in the agreement and, if such a notification is given, the agreement has effect as if those procedures were referred to in it.

 (5) An authorised officer may allow food to which a compliance agreement applies to be dealt with on the basis of a certificate or assurance, given by a person authorised under the agreement to give such a certificate or assurance, that all the procedures to which the agreement refers have been complied with in respect of the food.

 (6) A party to a compliance agreement other than the Commonwealth commits an offence if:
 (a) that party fails to ensure that a requirement imposed on that party under the agreement in respect of a matter referred to in paragraph (1)(a) or (c) is complied with; and
 (b) the failure caused a significant risk to public health.

Penalty: Imprisonment for 10 years.

 (7) A party to a compliance agreement other than the Commonwealth commits an offence if that party fails to ensure that a requirement imposed on that party under the agreement in respect of a matter referred to in paragraph (1)(a) or (c) is complied with.

Penalty: 200 penalty units.

 (8) A party to a compliance agreement other than the Commonwealth commits an offence if that party fails to ensure that a requirement imposed on that party under the agreement in respect of a matter referred to in paragraph (1)(b) is complied with.

Penalty: 60 penalty units.

 (9) An offence against subsection (8) is an offence of strict liability.

 (10) In this section:

procedures, in respect of food, includes any dealings with food and also includes