Document ID: chunk:federal_register_of_legislation:F2021L00317:reg:4:p45
Version: federal_register_of_legislation:F2021L00317
Segment Type: reg
Provision Reference: reg 4 (pt 45/53)
Character Range: 160094–162940

under subsection 161(1) of the Act to approve a variation of an approved arrangement for export operations in relation to prescribed fish or fish products for export to a particular country, or to vary the conditions of such an approved arrangement, if:
 (a) the application is made because the relevant importing country authority does not require compliance with one or more conditions (the relevant conditions) in Divisions 3 to 7 of Part 2 of this Chapter; and
 (b) the relevant importing country authority requires a different requirement relating to the prescribed fish or fish products to be met.
Note: A variation of an approved arrangement, or of the conditions of an approved arrangement, may be needed to implement an alternative regulatory arrangement approved under paragraph 379C(1)(a) of the Act or another significant variation (see Subdivisions B and C of Division 1 of Part 4 of Chapter 5 of the Act).
 (2) For the purposes of paragraph 161(3)(c) of the Act, it is a requirement that:
 (a) compliance with the different importing country requirement referred to in paragraph (1)(b) of this section will not result in the relevant conditions being complied with; and
 (b) the approved arrangement will provide for a system of controls to be implemented to ensure that the different importing country requirement will be met; and
 (c) the system of controls referred to in paragraph (b) of this subsection will be implemented in carrying out operations in accordance with the approved arrangement.

5‑53  Significant variations
  For the purposes of subparagraph 164(2)(c)(ii) of the Act, the following kinds of variations are prescribed in relation to an approved arrangement for a kind of export operations in relation to prescribed fish or fish products:
 (a) a variation of the person who manages or controls the export operations;
 (b) a variation of the functions a person is permitted to perform in accordance with the approved arrangement, including the following:
 (i) making declarations;
 (ii) manufacturing or possessing an official marking device;
 (iii) manufacturing, possessing, applying, altering or interfering with an official mark;
 (c) a variation of the export operations that might:
 (i) jeopardise the fitness for human consumption of the prescribed fish or fish products or affect the ability to ensure their integrity; or
 (ii) adversely affect the ability to accurately assess whether the fitness for human consumption of the prescribed fish or fish products has been jeopardised;
 (d) a variation that will provide for operations to prepare fish or fish products that are not for export, or are animal food or pharmaceutical material, to be carried out as well as operations to prepare prescribed fish or fish products;
 (e) a variation that relates to or varies a variation of the approved arrangement