Document ID: chunk:federal_register_of_legislation:F2021L00304:reg:8:p9
Version: federal_register_of_legislation:F2021L00304
Segment Type: reg
Provision Reference: reg 8 (pt 9/10)
Character Range: 249126–251855

is taken to be a decision under paragraph 9‑9(1)(b) of this instrument.
Note: A decision under paragraph 9‑9(1)(b) of this instrument to refuse to approve the applicant to conduct audits is a reviewable decision (see section 11‑1 of this instrument) and the Secretary must give the applicant written notice of the decision (see section 382 of the Act).

12‑10  Request for further information not complied with before commencement time
 (1) If the Secretary had requested an applicant for approval as an approved auditor to provide further specified information or documents under subclause 3.1 of Schedule 10 to the old Export Control (Milk) Orders and the request had not been complied with before the commencement time, the request must be complied with after the commencement time as if it were a request made by the Secretary under subsection 9‑10(1) of this instrument.
 (2) If the request did not specify the period within which the request must be complied with, it must be complied with as soon as practicable.

12‑11  Decision to revoke approval as auditor decided, but notice not given, before commencement time
 (1) If the Secretary had made a decision under subclause 11.1 of Schedule 10 to the old Export Control (Milk) Orders to revoke the approval of a person as an approved auditor but had not notified the person of the decision before the commencement time, the Secretary must, as soon as practicable after that time, give the person written notice of the decision.
 (2) The decision is taken to be a decision under subsection 9‑15(1) of this instrument.
Note: A decision under subsection 9‑15(1) of this instrument to revoke an individual's approval to conduct audits (other than at the request of the individual) is a reviewable decision (see section 11‑1 of this instrument) and the Secretary must give the holder of the approval written notice of the decision (see section 382 of the Act).

Division 2—Assessments

12‑12  Verification by authorised officer before commencement time
 (1) This section applies if an authorised officer had, under suborder 8.1 of Schedule 9 to the Old Export Control (Milk) Orders, given a written verification of matters referred to in paragraph 8.1(b) to that Schedule in relation to prescribed milk or milk products that had not been exported before the commencement time.
 (2) The written verification is taken, at the commencement time, to be a notice to the Secretary under subsection 9‑20(2) of this instrument.
 (3) The Secretary must give a copy of the written verification to the person who would be the relevant person for an assessment of the prescribed milk or milk products if an assessment of the milk or milk products were carried out under Part 2 of Chapter 9