Document ID: chunk:federal_register_of_legislation:F2024C00422:reg:2:p92
Version: federal_register_of_legislation:F2024C00422
Segment Type: reg
Provision Reference: reg 2 (pt 92/102)
Character Range: 283108–285810

of the approved export program if the Secretary has not made a decision on the application within 120 days (the initial consideration period), or such extended period as may apply under subsection (9), after:
 (a) the day the application was received; or
 (b) if the application was varied—the day the application was varied.
 (9) The initial consideration period for the application is extended, for each request made under subsection (3), by the number of days in the period beginning on the day the request was made and ending on:
 (a) the day the request was complied with; or
 (b) if the request was not complied with within the period specified in the request—the last day of that period.

9‑37  Secretary may require holder to vary approved export program
 (1) The Secretary may, by written notice (a variation notice) to the holder of an approved export program, require the holder to vary the approved export program if the Secretary is satisfied that the variation is necessary for the purpose of ensuring the health and welfare of a kind or class of livestock in the course of export operations to which the approved export program relates.
Note: A decision to require the holder to vary an approved export program is a reviewable decision (see section 11‑1 of this instrument and Part 2 of Chapter 11 of the Act).
 (2) For the purposes of subsection (1), the Secretary may have regard to whether the variation is necessary to ensure that the approved export program complies with the Australian Standards for the Export of Livestock in relation to the livestock to which the approved export program relates.
 (3) A variation notice must:
 (a) identify (in general or specific terms) the variation required; and
 (b) require the holder of the approved export program to give the varied approved export program to the Secretary within a specified period; and
 (c) set out:
 (i) the reasons for the decision to require the holder to vary the approved export program; and
 (ii) the holder's right to apply for review of the decision.
 (4) The holder must comply with the variation notice.
 (5) If the holder complies with the variation notice, the Secretary may approve the varied approved export program by written notice given to the holder. The notice must state the day the varied approved export program takes effect.
 (6) The Secretary may amend or revoke the variation notice by giving a further written notice to the holder.

9‑38  When approved export program includes a variation
  An approved export program under this Division includes a variation of the approved export program if:
 (a) the variation was approved under paragraph 9‑36(2)(a); or
 (b) the variation was required by a