Document ID: chunk:federal_register_of_legislation:F2024C00422:reg:2:p100
Version: federal_register_of_legislation:F2024C00422
Segment Type: reg
Provision Reference: reg 2 (pt 100/102)
Character Range: 302966–305797

Secretary's approved export program prevails over an approved export program held by the exporter under Division 2 of this Part that is inconsistent with the Secretary's approved export program.

Part 5—Powers of the Secretary

9‑51  Powers of Secretary that must not be delegated
  For the purposes of paragraph 288(4)(a) of the Act, the power of the Secretary under paragraph (d) of the definition of heat‑tolerant sheep breed in section 1‑6 must not be delegated under subsection 288(1) of the Act.

9‑52  Powers of Secretary that must not be subdelegated
  For the purposes of paragraph 288(4)(b) of the Act, the power of the Secretary under subsection 9‑54(3) of this instrument must not be subdelegated under subsection 288(2) of the Act.

Part 6—Functions and powers of authorised officers

9‑53  Purpose of this Part
  For the purposes of section 300 of the Act, this Part confers functions and powers on authorised officers, or a class of authorised officers, for the purposes of achieving the objects of the Act in relation to livestock for export.
Note: An authorised officer may only perform functions or exercise powers conferred on an authorised officer by the Act that are specified in the authorised officer's instrument of authorisation (see subsection 301(1) of the Act).

9‑54  Power to give orders in relation to prescribed livestock for export

Orders relating to prescribed livestock for export
 (1) An authorised officer may order the holder of a livestock export licence to not do any of the following in relation to prescribed livestock:
 (a) move prescribed livestock to a landing place, port or other place for the purpose of being exported;
 (b) unload a consignment of prescribed livestock at a landing place, port or other place for the purposes of being exported;
 (c) load, or continue to load, a consignment of prescribed livestock onto any aircraft or vessel for export.
Note: The decision of an authorised officer to give an order under this subsection is a reviewable decision (see section 11‑1).
 (2) However, the order may be given only if:
 (a) the authorised officer has been notified by the Secretary under subsection (3); and
 (b) the authorised officer has reasonable grounds to suspect that the prescribed livestock will not be permitted to enter the intended overseas destination because of the disease, infection or infestation notified by the Secretary.
 (3) The Secretary may notify an authorised officer of the suspected presence in Australian territory of a disease, infection or infestation if:
 (a) the Secretary reasonably suspects that the disease, infection or infestation is present in Australian territory; and
 (b) the disease, infection or infestation is not endemic to Australia; and
 (c) either:
 (i) the disease, infection or infestation is listed in Chapter 1.3 of