Document ID: chunk:federal_register_of_legislation:F2021L00312:reg:3:p35
Version: federal_register_of_legislation:F2021L00312
Segment Type: reg
Provision Reference: reg 3 (pt 35/47)
Character Range: 126797–129572

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 eggs or egg 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 eggs or egg products provides for a system of controls to be implemented to ensure that the requirements of Division 7 of this Part are complied with during the transfer.

5‑37  Information and declarations not received or inaccurate or incomplete
 (1) This section applies if:
 (a) a consignment of prescribed eggs or egg products is transferred to a registered establishment (the receiving establishment); and
 (b) the information and declarations required to be given to the occupier of the receiving establishment by section 5‑36:
 (i) are not given to the occupier in accordance with paragraph 5‑36(2)(b); or
 (ii) are inaccurate or incomplete.
 (2) The holder of an approved arrangement for operations to prepare the eggs or egg products for export must notify an authorised officer as soon as practicable after the holder becomes aware that this section applies to the consignment.
 (3) The eggs or egg products must:
 (a) be held at the receiving establishment and not dealt with further for export as food without the written approval of an authorised officer; or
 (b) be identified as not for export as food and dealt with as not for export as food.

Division 9—Management practices—export operations

5‑38  Management practices, organisational structure, resources and personnel
 (1) The holder of an approved arrangement for operations to prepare prescribed eggs or egg products must ensure that:
 (a) the holder's management practices and organisational structure; and
 (b) the resources provided to carry out the export operations; and
 (c) the personnel who carry out the export operations and the training those personnel receive;
are appropriate to ensure:
 (d) compliance with the requirements of the Act in relation to the export operations and the prescribed eggs or egg products; and
 (e) that importing country requirements relating to the export operations