Document ID: chunk:federal_register_of_legislation:F2021L00304:reg:3:p12
Version: federal_register_of_legislation:F2021L00304
Segment Type: reg
Provision Reference: reg 3 (pt 12/47)
Character Range: 69566–72437

for export if:
 (a) the occupier of the establishment is undertaking, or proposes to undertake, renovations or maintenance of the establishment that prevent, or would prevent, the relevant operations being carried out; or
 (b) the relevant operations cannot be carried out in circumstances outside the control of the occupier.
Examples: For the purposes of paragraph (b), circumstances include flood, fire, disease, oil spill or other disaster, roadworks restricting access to the establishment and extended seasonal closures.
 (2) Paragraph (1)(b) of this section does not apply if the circumstances relate to a notifiable disease or any other condition or disease that is likely to affect the fitness for human consumption of milk or milk products or the acceptability of milk or milk products to an importing country.
 (3) Subsection (1) of this section does not apply if, before the request was made, the Secretary:
 (a) had given the occupier of the establishment a notice under subsection 127(2) of the Act in relation to the registration of the establishment and the relevant operations; and
 (b) had not decided whether to suspend the registration or not.

4‑18  Other grounds for suspension
  For the purposes of paragraph 127(1)(k) of the Act, it is a ground for suspension of the registration of an establishment that:
 (a) prescribed milk or milk products are being prepared at the establishment under unhygienic conditions or in an unhygienic way; or
 (b) an assessment of prescribed milk or milk products at the establishment is not possible.

Part 5—Matters relating to applications

4‑19  Application of this Part
  This Part applies in relation to the following applications:
 (a) an application under section 111 of the Act to register an establishment for operations to prepare prescribed milk or milk products for export;
 (b) an application under section 116 of the Act to renew the registration of an establishment for operations to prepare prescribed milk or milk products for export;
 (c) an application under section 120 of the Act to do any of the following in relation to an establishment that is registered for operations to prepare prescribed milk or milk products for export:
 (i) vary the registration, or the particulars relating to the registration, of the establishment;
 (ii) approve an alteration of the establishment;
 (iii) vary the conditions of the registration of the establishment.

4‑20  Initial consideration period
  For the purposes of subsection 379(3) of the Act, the initial consideration period for an application is 120 days.
Note: The consideration period for an application starts on the day after the day the Secretary receives the application (see subsection 379(4) of the Act).

4‑21  Period within which request relating to application must be complied with
  For the purposes of paragraph 379(10)(b) of the Act,