Document ID: chunk:federal_register_of_legislation:F2021L00304:reg:3:p35
Version: federal_register_of_legislation:F2021L00304
Segment Type: reg
Provision Reference: reg 3 (pt 35/47)
Character Range: 128657–131407

(i) a declaration stating that, at the date the declaration is made:
 (i) the prescribed export conditions, and any other conditions that apply in relation to the milk or milk products under the Act, have been complied with; and
 (ii) importing country requirements relating to the milk or milk products have been met;
 (j) a declaration stating that all of the information given in relation to the consignment is true and complete.
Note: See subsections (3) and (4) for matters relating to the declarations referred to in paragraphs (i) and (j) of this subsection.
 (2) The information and declarations in relation to a consignment required to be given to the occupier of the receiving establishment under subsection (1) must:
 (a) be in writing; and
 (b) either:
 (i) be given to the occupier when the consignment leaves the transferring establishment; or
 (ii) accompany the consignment when it arrives at the receiving establishment.
Note 1: Electronic message formats should be compliant with the United Nations Rules for Electronic Data Interchange for Administration, Commerce and Transport (UNEDIFACT). These Rules could in 2021 be viewed on the website of the United Nations Economic Commission for Europe (https://www.unece.org).
Note 2: For when requirements to give information (including a declaration) in writing can be met by an electronic communication, see section 9 of the Electronic Transactions Act 1999. For electronic signatures, see section 10 of that Act.

Requirements for declarations
 (3) A declaration referred to in paragraph (1)(i) or (j) in relation to a consignment of prescribed milk or milk products must be made by:
 (a) the holder of the approved arrangement for operations to prepare the milk or milk products for export at the transferring establishment; or
 (b) a person designated in the approved arrangement as a person who may make the declaration.
 (4) A declaration referred to in paragraph (1)(i) or (j):
 (a) must not be made if there are no reasonable grounds for making it; and
 (b) must not be false or misleading; and
 (c) must be signed and dated by the person who made it.
Note 1: For suspension or revocation of the approved arrangement if these requirements are not met, see sections 171 and 179 of the Act.
Note 2: A person may commit an offence or be liable to a civil penalty if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 368 and 369 of the Act).
 (5) Subsection (1) does not apply to a consignment of prescribed milk or milk products if:
 (a) the occupier of the transferring establishment is also the occupier of the receiving establishment; and
 (b) the approved arrangement for operations to prepare the