Document ID: chunk:federal_register_of_legislation:C2024C00526:section:16:p3
Version: federal_register_of_legislation:C2024C00526
Segment Type: section
Provision Reference: s 16 (pt 3/4)
Character Range: 47534–50127

in which, and procedures by which, the reliability of certificates referred to in paragraph (i) will be tested.
 (2A) A percentage mentioned in paragraph (2)(ac) or (bb) that is specified in an order made by the Minister must be less than 5% (including zero).
 (2B) The Minister may make an order for the purposes of paragraph (2)(ac) or (bb) in relation to a particular country only if the Minister is satisfied:
 (a) that there is in force an agreement between Australia and that country; and
 (b) that the agreement is based on an assessment of the food safety systems of Australia and that country which concluded that:
 (i) Australia and that country have equivalent food safety systems; and
 (ii) Australia and that country conduct equivalent monitoring of the food they regulate.
 (3) Without limiting the factors that may affect the incidence of inspection, or inspection and analysis, of food, the regulations may provide for the incidence to differ according to whether the food is supplied by an overseas processing operation that has previously supplied food of that kind and the results of any analysis of food so supplied.
 (4) If:
 (a) food is held pending the outcome of an inspection, or inspection and analysis, under the Scheme, whether because the food is subject to a holding order or not; and
 (b) that food, or a part of that food, is identified in an imported food inspection advice as failing food;
then, without limiting subsection (1), the regulations may:
 (c) in the circumstances and within the period set out in the regulations, permit the owner of the food to make application for a further imported food inspection advice in respect of part only of the food so identified; and
 (d) specify the part of the food so identified in respect of which the application may be made.
 (5) An order made by the Minister for the purposes of paragraph (2)(a), (ac) or (bb) is a legislative instrument.
Note: The order may be varied or revoked by the Minister in the same way as it is made, and subject to the same conditions (see subsection 33(3) of the Acts Interpretation Act 1901).
 (6) An order made by the Secretary for the purposes of paragraph (2)(ab) or (ba) is not a legislative instrument.
Note 1: Under the regulations, the order made by the Secretary is of a temporary nature.
Note 2: For revocation of the order, see subsection 33(3) of the Acts Interpretation Act 1901.
 (7) The Secretary must publish the following on the Department's website:
 (a) an order made by the Secretary for the purposes of paragraph (2)(ab) or (ba);
 (b) a revocation of the order.