Document ID: chunk:federal_register_of_legislation:F2021L00317:reg:4:p13
Version: federal_register_of_legislation:F2021L00317
Segment Type: reg
Provision Reference: reg 4 (pt 13/53)
Character Range: 77804–80624

operations to prepare the fish or fish products for export must be in force (see paragraph 117(2)(f) of the Act and item 3 of the table in section 2‑4 of this instrument).

Part 4—Suspension of registration

4‑18  Request by occupier for suspension
 (1) For the purposes of subsection 125(2) of the Act, a request may be made under subsection 125(1) of the Act by the occupier of a registered establishment to suspend the registration of the establishment in relation to operations (the relevant operations) to prepare prescribed fish or fish products 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 fish or fish products or the acceptability of fish or fish 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.

4‑19  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 fish or fish products are being prepared at the establishment under unhygienic conditions or in an unhygienic way; or
 (b) an assessment of prescribed fish or fish products at the establishment is not possible.

Part 5—Matters relating to applications

4‑20  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 fish or fish products for export;
 (b) an application under section 116 of the Act to renew the registration of an establishment for operations to prepare prescribed fish or fish 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 fish or fish products for export:
 (i) vary the registration, or the particulars relating to