Document ID: chunk:federal_register_of_legislation:F2024C00422:reg:2:p99
Version: federal_register_of_legislation:F2024C00422
Segment Type: reg
Provision Reference: reg 2 (pt 99/102)
Character Range: 300302–303231

in relation to approved export programs.
Note: Sections 9‑26 and 9‑27 require an accredited veterinarian to keep records and make reports in connection with approved export programs. An accredited veterinarian who contravenes section 9‑26 or 9‑27 may commit an offence of strict liability (see section 316 of the Act).

Division 5—Other provisions

9‑49  Circumstances in which exporter must allow accredited veterinarian or authorised officer to accompany livestock
 (1) If an approved export program provides for an accredited veterinarian to accompany a kind or class of livestock during their transport from Australia to their overseas destination in connection with the approved export program, the exporter to whose export operations the approved export program relates must allow an accredited veterinarian to accompany the livestock during their transport from Australia to their overseas destination in connection with the approved export program.
Note: An exporter may commit an offence if the exporter contravenes this subsection (see section 319 of the Act).
 (2) If:
 (a) under subsection 267(1) of the Act, the Secretary requires an authorised officer who is an auditor to conduct an audit in relation to the performance of functions and the exercise of powers by an accredited veterinarian in connection with an approved export program; or
 (b) under subsection 313(1) of the Act, the Secretary directs an authorised officer to carry out some or all of the export operations in an approved export program; or
 (c) under subsection 314(1) of the Act, the Secretary directs an authorised officer to monitor or review:
 (i) the carrying out by an accredited veterinarian of the export operations in an approved export program; or
 (ii) export operations in an approved export program carried out by an exporter;
the exporter to whose export operations the approved export program relates must allow the authorised officer to accompany the livestock to which the approved export program relates during their transport from Australia to their overseas destination in connection with the approved export program.
Note: An exporter may commit an offence if the exporter contravenes this subsection (see section 319 of the Act).

9‑50  Inconsistency between Secretary's approved export program and exporter's approved export program
 (1) This section applies if, under section 313 of the Act, the Secretary has directed an authorised officer to carry out some or all of the export operations in an approved export program covered by Division 3 of this Part (the Secretary's approved export program) in relation to export operations of an exporter.
 (2) The Secretary's approved export program prevails over an approved export program held by the exporter under Division 2 of this Part that is inconsistent with the Secretary's approved export program.

Part 5—Powers of the Secretary

9‑51  Powers of Secretary that must