Document ID: chunk:federal_register_of_legislation:F2025C00086:body:0:p28
Version: federal_register_of_legislation:F2025C00086
Segment Type: other
Provision Reference: 
Character Range: 71295–74091

issued (see subsection 12‑2(3) of this instrument).
 (3) If the holder of the continuing approved arrangement is given a direction under subsection (2), the holder must comply with the direction:
 (a) within 2 years after receiving it; or
 (b) within any further period (not exceeding 1 year) granted by the Secretary on application, in writing, by the holder.
 (4) Subparagraphs 171(1)(h)(i) and 179(1)(h)(i) of the Act apply in relation to the approved arrangement as if the reference to a direction in those subparagraphs included a reference to a direction given to the holder of the approved arrangement under subsection (2) of this section.
Note: The continuing approved arrangement may be suspended or revoked if the holder of the approved arrangement fails to comply with the direction (see subparagraphs 171(1)(h)(i) and 179(1)(h)(i) of the Act).

12‑4  Application for QM certificate made but not decided before commencement time
 (1) This section applies if:
 (a) an application had been made under suborder 3.02(1) of the old Export Control (Organic Produce) Orders for the issue of a QM certificate for one or more kinds of organic produce; and
 (b) no decision had been made on the application before the commencement time.
 (2) After the commencement time:
 (a) the application is taken to be an application made under section 150 of the Act to approve a proposed arrangement for organic goods certification operations; and
 (b) the QM manual for the QM system to which the application relates, read as one, are taken to be the proposed arrangement to which the application relates.
Note: Section 378 of the Act (which requires additional or corrected information in relation to an application to be given in certain circumstances) applies in relation to the application.
 (3) Section 377, paragraph 379(1)(a) and subsection 379(4) of the Act do not apply in relation to the application.
 (4) The consideration period for the application for the purposes of section 379 of the Act starts on the day the commencement time occurs.
Note: The initial consideration period for the application is 120 days (see section 5‑18 of this instrument).

12‑5  Application for approval of modification of QM system made but not decided before commencement time
 (1) This section applies in relation to a QM system that continues in force under subsection 12‑2(2) as if it were a continuing approved arrangement if, before the commencement time:
 (a) an application had been made under suborder 3.11 of the old Export Control (Organic Produce) Orders for approval of a modification of the QM system; and
 (b) no decision had been made on the application before the commencement time.
 (2) After the commencement time, the application is taken to be an application made under paragraph 161(1)(b) of