Document ID: chunk:federal_register_of_legislation:F2025C00086:body:0:p21
Version: federal_register_of_legislation:F2025C00086
Segment Type: other
Provision Reference: 
Character Range: 53785–56480

giving direction to relevant person
  For the purposes of item 8 of the table in subsection 305(1) of the Act:
 (a) the following persons (each of which is a relevant person) are prescribed for the purposes of column 1 of that item:
 (i) the applicant for an organic goods certificate for prescribed organic goods (the relevant organic goods);
 (ii) the holder of an organic goods certificate for prescribed organic goods (the relevant organic goods); and
 (b) the following grounds are prescribed for the purposes of column 2 of that item in relation to each relevant person:
 (i) some or all of the relevant organic goods do not comply, or are not likely to comply, with a requirement of the Act that applies in relation to the organic goods;
 (ii) some or all of the relevant organic goods do not meet, or are not likely to meet, an importing country requirement relating to the organic goods;
 (iii) a matter stated in, or to be stated in, the organic goods certificate for the relevant organic goods is not true and correct.

Chapter 10—Compliance and enforcement

10‑1  Samples taken in exercising monitoring or investigation powers
  If a sample is taken as permitted by paragraph 327(2)(a) of the Act (additional monitoring power) or subsection 330(2) of the Act (additional investigation power), the sample must be:
 (a) identified with a mark or a tag; and
 (b) kept in the custody or control of an authorised officer until whichever of the following first occurs:
 (i) the sample is destroyed during testing or analysis in accordance with section 412 of the Act;
 (ii) the sample is given to an analyst appointed under section 413 of the Act;
 (iii) the sample is otherwise disposed of.

10‑2  Dealing with things seized in exercising investigation powers
 (1) This section applies if:
 (a) a place where operations are carried out to produce, prepare or transport prescribed organic goods for export, or where organic goods certification operations are carried out, has been entered under an investigation warrant; and
 (b) a thing was seized under the warrant.
 (2) The thing must be:
 (a) identified with a mark or a tag; and
 (b) kept in the custody or control of an authorised officer until whichever of the following first occurs:
 (i) the thing is returned in accordance with subsection 66(4) of the Regulatory Powers Act;
 (ii) the thing is disposed of in accordance with section 68 of that Act.

Chapter 11—Miscellaneous

Part 1—Records

11‑1  Purpose of this Part
  For the purposes of subsections 408(1) and (2) of the Act, this Part makes provision for and in relation to the retention of records in relation to prescribed organic goods.
Note: A person may commit an