Document ID: chunk:federal_register_of_legislation:F2025C00086:body:0:p26
Version: federal_register_of_legislation:F2025C00086
Segment Type: other
Provision Reference: 
Character Range: 66176–69108

considers the variation is appropriate; and
 (b) the variation does not reduce the amount of any relevant Commonwealth liability covered by the undertaking that has not been paid.

Chapter 12—Transitional provisions

Part 1—Preliminary

12‑1  Definitions
  In this Chapter:
approved certifying organisation means an organisation that was the holder of a QM certificate in force under order 3.04 of the old Export Control (Organic Produce) Orders immediately before the commencement time.
commencement time means the time when section 3 of the Export Control Act 2020 commences.
old Export Control Law means any of the following:
 (a) the Export Control Act 1982, as in force immediately before the commencement time (the old Export Control Act);
 (b) regulations made under the old Export Control Act, as those regulations were in force immediately before the commencement time;
 (c) an order made by the Minister under regulation 3 of the Export Control (Orders) Regulations 1982, as the order was in force immediately before the commencement time.
old Export Control (Organic Produce) Orders means the Export Control (Organic Produce Certification) Orders, as in force immediately before the commencement time.
organic produce certification operations means operations carried out by an approved certifying organisation in relation to the issue or revocation of organic produce certificates under Part 2 of the old Export Control (Organic Produce) Orders.
transition period means the 3 years beginning at the commencement time.

Part 2—Approved arrangements

12‑2  QM certificate in force immediately before commencement time
 (1) This section applies in relation to a QM certificate (an old QM certificate) that was in force under the old Export Control (Organic Produce) Orders immediately before the commencement time.

QM system and QM manual continue in force as approved arrangement
 (2) The QM system and the QM manual to which the old QM certificate related, as they existed immediately before the commencement time, continue in force after the commencement time:
 (a) as if, read as one, they were an approved arrangement (a continuing approved arrangement) for organic goods certification operations under Chapter 5 of the Act; and
 (b) subject to the conditions (if any) to which the old QM certificate was subject immediately before the commencement time.
Note 1: The continuing approved arrangement will also be subject to the conditions provided by the Act and the conditions prescribed by Part 2 of Chapter 5 of this instrument.
Note 2: The continuing approved arrangement may be renewed, varied, suspended or revoked under Chapter 5 of the Act.

Holder of continuing approved arrangement
 (3) For the purposes of the application of the Act in relation to the continuing approved arrangement, the organisation to which the old QM certificate had been issued is the holder of the continuing approved arrangement.