Document ID: chunk:federal_register_of_legislation:F2023C00759:reg:3:p5
Version: federal_register_of_legislation:F2023C00759
Segment Type: reg
Provision Reference: reg 3 (pt 5/15)
Character Range: 132592–135220

must ensure that the official marking device is stored securely when it is not being used.

8‑34  Damaged official marking devices
  If:
 (a) a person is in possession of an official marking device as permitted by section 8‑32; and
 (b) the person becomes aware that the official marking device is damaged, worn or otherwise unfit for applying an official mark to plants or plant products;
the person must notify the Secretary, in writing, as soon as practicable after becoming aware of that fact.

8‑35  Records of official marking devices manufactured
  A person who is permitted by section 8‑32 to manufacture official marking devices must:
 (a) make a daily written record stating:
 (i) each kind of official marking device manufactured by the person on that day; and
 (ii) the number of each kind of official marking device manufactured by the person on that day; and
 (iii) the serial number of each official marking device manufactured by the person on that day; and
 (b) make a written record stating:
 (i) each day the person sent an official marking device to a person who is permitted by section 8‑32 to possess the official marking device; and
 (ii) the means used to transport each official marking device sent by the person on that day.
Note: A person who is required to make a record under this section must retain the record for at least 2 years (see section 11‑9).

8‑36  Records of official marking devices used, destroyed or returned
  A person who is permitted by section 8‑32 to possess an official marking device must make a written record of the following:
 (a) official marking devices used by the person to apply official marks to plants or plant products;
 (b) official marking devices destroyed by the person;
 (c) official marking devices returned by the person.
Note: A person who is required to make a record under this section must retain the record for at least 2 years (see section 11‑9).

Chapter 9—Powers and officials

Part 1—Audits

Division 1—General

9‑1  References to audit in this Part
  In this Part, a reference to an audit is a reference to an audit under Part 1 of Chapter 9 of the Act:
 (a) of export operations carried out in relation to plants or plant products; or
 (b) in relation to the performance of functions or the exercise of powers under the Act in relation to plants or plant products by a person referred to in subparagraph 267(1)(a)(i) or (v) of the Act; or
 (c) in relation to compliance by a person referred to in subparagraph 267(1)(a)(i) of the Act with the conditions applying to the performance of functions or the exercise of powers under the Act by the person