Document ID: chunk:federal_register_of_legislation:F2025C00086:body:0:p17
Version: federal_register_of_legislation:F2025C00086
Segment Type: other
Provision Reference: 
Character Range: 43744–46617

change in the persons who manage or control the organic goods certification operations.

Part 6—Fit and proper persons

5‑16  Kinds of persons who are required to be fit and proper persons
 (1) For the purposes of subsection 373(1) of the Act, this section prescribes kinds of persons who are required, for the purposes of Chapter 5 of the Act (approved arrangements), to be fit and proper persons (having regard to the matters referred to in section 372 of the Act).

Proposed arrangement—organic goods certification operations
 (2) In relation to a proposed arrangement for organic goods certification operations, the kinds of persons are:
 (a) the applicant for approval of the arrangement; and
 (b) a person who would manage or control the organic goods certification operations (including a person who would be signing organic goods certificates in accordance with the approved arrangement).
Note: For a person who is taken to be a person who would manage or control export operations, see section 21 of the Act.

Approved arrangement—organic goods certification operations
 (3) In relation to an approved arrangement for organic goods certification operations, the kinds of persons are:
 (a) the holder of the approved arrangement; and
 (b) a person who manages or controls the organic goods certification operations (including a person who signs organic goods certificates in accordance with the approved arrangement).
Note: For a person who is taken to be a person who manages or controls export operations, see section 21 of the Act.

Part 7—Matters relating to applications

5‑17  Application of this Part
  This Part applies in relation to the following applications:
 (a) an application under section 150 of the Act to approve a proposed arrangement for organic goods certification operations;
 (b) an application under section 155 of the Act to renew an approved arrangement for organic goods certification operations;
 (c) an application under section 161 of the Act:
 (i) to approve a variation of an approved arrangement for organic goods certification operations; or
 (ii) to vary the conditions of an approved arrangement for organic goods certification operations;
 (d) an application that is taken to have been made under subsection 166(2) of the Act to approve a varied approved arrangement for organic goods certification operations.
Note 1: If the Secretary has approved a manner for making an application, the application must be made in the approved manner and, if the Secretary has approved a form for making the application, it must include the information required by the form (see paragraphs 377(1)(a) and (b) of the Act).
Note 2: The Secretary may accept any information previously given to the Secretary in connection with an application made under the Act as satisfying any requirement to give that information under subsection 377(1) of