Document ID: chunk:federal_register_of_legislation:F2021L00304:reg:3:p36
Version: federal_register_of_legislation:F2021L00304
Segment Type: reg
Provision Reference: reg 3 (pt 36/47)
Character Range: 131152–134016

Subsection (1) does not apply to a consignment of prescribed milk or milk products if:
 (a) the occupier of the transferring establishment is also the occupier of the receiving establishment; and
 (b) the approved arrangement for operations to prepare the milk or milk products provides for a system of controls to be implemented to ensure that the requirements of Division 7 of this Part are complied with during the transfer.

5‑36  Information and declarations not received or inaccurate or incomplete
 (1) This section applies if:
 (a) a consignment of prescribed milk or milk products is transferred to a registered establishment (the receiving establishment); and
 (b) the information and declarations required to be given to the occupier of the receiving establishment by section 5‑35:
 (i) are not given to the occupier in accordance with paragraph 5‑35(2)(b); or
 (ii) are inaccurate or incomplete.
 (2) The holder of an approved arrangement for operations to prepare the milk or milk products for export must notify an authorised officer as soon as practicable after the holder becomes aware that this section applies to the consignment.
 (3) The milk or milk products must:
 (a) be held at the receiving establishment and not dealt with further for export as food without the written approval of an authorised officer; or
 (b) be identified as not for export as food and dealt with as not for export as food.

Division 9—Management practices—export operations

5‑37  Management practices, organisational structure, resources and personnel
 (1) The holder of an approved arrangement for operations to prepare prescribed milk or milk products for export must ensure that:
 (a) the holder's management practices and organisational structure; and
 (b) the resources provided to carry out the export operations; and
 (c) the personnel who carry out the export operations and the training those personnel receive;
are appropriate to ensure:
 (d) compliance with the requirements of the Act in relation to the export operations and the prescribed milk or milk products; and
 (e) that importing country requirements relating to the export operations and the prescribed milk or milk products are met.
 (2) The holder must make a written record of details of the matters referred to in paragraphs (1)(a) to (c).
Note 1: The holder of the approved arrangement must retain each record made under this subsection for 3 years (see subsection 11‑8(2)).
Note 2: For making electronic records, see subsection 12(1) of the Electronic Transactions Act 1999.

5‑38  Verification of compliance with the Act and other matters

Matters that must be verified
 (1) The holder of an approved arrangement for a kind of export operations in relation to prescribed milk or milk products must verify that carrying out the export operations at a registered establishment in accordance