Document ID: chunk:federal_register_of_legislation:F2021L00304:reg:3:p8
Version: federal_register_of_legislation:F2021L00304
Segment Type: reg
Provision Reference: reg 3 (pt 8/24)
Character Range: 178349–181014

of the following:
 (a) official marking devices received at the establishment;
 (b) official marking devices used to apply official marks to milk or milk products at the establishment;
 (c) official marking devices damaged or destroyed at the establishment;
 (d) official marking devices returned from the establishment.
Note: The occupier of the registered establishment must retain each record made under this section for 3 years (see subsection 11‑7(2)).

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 milk or milk products; or
 (b) in relation to the performance of functions or the exercise of powers under the Act in relation to milk or milk products by a person referred to in subparagraph 267(1)(a)(i), (ii), (iii) or (v) of the Act; or
 (c) in relation to compliance by a person referred to in subparagraph 267(1)(a)(i), (ii) or (iii) of the Act with the conditions applying to the performance of functions or the exercise of powers under the Act by the person in relation to milk or milk products.

9‑2  Audits of export operations
  For the purposes of paragraph 266(2)(f) of the Act, whether the conditions of an exemption under Part 2 of Chapter 2 of the Act in relation to export operations carried out in relation to prescribed milk or milk products are being, have been, or are likely to be complied with is a matter to which an audit under subsection 266(1) of the Act may relate.

Division 2—Conduct of audit etc.

9‑3  Purpose of this Division
  For the purposes of subsections 270(4) and (5) of the Act, this Division makes provision for and in relation to the following matters:
 (a) the conduct of an audit;
 (b) processes for dealing with any non‑compliance with a requirement to which an audit relates;
 (c) audit reports.

9‑4  Manner in which audit must be conducted
  An audit must be conducted:
 (a) as expeditiously as reasonably practicable; and
 (b) in a way that results in minimal interference to the export operations, or the performance of functions or the exercise of powers under the Act, to which the audit relates.
Note: The Secretary need not give notice of an audit (see subsection 270(1) of the Act).

9‑5  Notice of non‑compliance with requirements
 (1) If the result of an audit of export operations under subsection 266(1) of the Act is that, in the auditor's opinion, there is, or there has been, a failure (or a combination of failures) that amounts to a non‑compliance with a requirement to which the