Document ID: chunk:federal_register_of_legislation:F2024C00422:reg:2:p45
Version: federal_register_of_legislation:F2024C00422
Segment Type: reg
Provision Reference: reg 2 (pt 45/102)
Character Range: 162889–165627

(c) to vary the proposed ESCAS in a specified way.

Proposed ESCAS may be approved subject to conditions
 (5) The Secretary may approve the proposed ESCAS subject to any conditions the Secretary considers appropriate.
Note: A decision to approve a proposed ESCAS subject to conditions is a reviewable decision (see section 11‑1 of this instrument and Part 2 of Chapter 11 of the Act).
 (6) Without limiting subsection (5), the conditions may relate to the following matters:
 (a) the matters referred to in subsection 6‑35(4);
 (b) publication of information provided by the holder of the licence in relation to the supply chain set out in the proposed ESCAS;
 (c) the number of consignments to which the proposed ESCAS may apply;
 (d) any other matter the Secretary considers appropriate.

Notice of decision
 (7) If the Secretary approves the proposed ESCAS, the Secretary must give the applicant a written notice stating:
 (a) the kind of livestock covered by the approved ESCAS; and
 (b) the conditions (if any) of the approved ESCAS.

6‑38  Period of effect of approved ESCAS
  An approved ESCAS remains in force unless it is revoked under section 6‑42.

Division 2—Variation of approved ESCAS

6‑39  Holder of approved ESCAS may apply to Secretary to vary ESCAS or conditions of ESCAS
 (1) The holder of an approved ESCAS may apply, in writing, to the Secretary to approve a variation of:
 (a) an approved ESCAS; or
 (b) the conditions of an approved ESCAS.
 (2) If the Secretary receives an application under subsection (1) to approve a variation, the Secretary must decide:
 (a) to approve the variation; or
 (b) to refuse to approve the variation.
Note: A decision to refuse to approve a variation of an approved ESCAS, or the conditions of an approved ESCAS, is a reviewable decision (see section 11‑1 of this instrument and Part 2 of Chapter 11 of the Act). The notice under subsection (4) of this section must also include the reasons for the decision (see subsection 382(1) of the Act).
 (3) The Secretary must not approve the variation unless the Secretary is satisfied, having regard to any matter that the Secretary considers relevant, that the ESCAS as varied will ensure that livestock to which it will apply will be transported, handled, slaughtered and subjected to any other related operations in accordance with relevant OIE recommendations.
Note: For OIE recommendations, see section 1‑6.
 (4) The Secretary must give the holder written notice of the Secretary's decision.

6‑40  Secretary may require approved ESCAS to be varied or vary conditions of approved ESCAS
 (1) The Secretary may:
 (a) give the holder of an approved ESCAS a written notice requiring the holder to vary any aspect of the approved ESCAS, as