Document ID: chunk:federal_register_of_legislation:F2021L00304:reg:3:p43
Version: federal_register_of_legislation:F2021L00304
Segment Type: reg
Provision Reference: reg 3 (pt 43/47)
Character Range: 149052–151695

export permit for prescribed milk or milk products:
 (a) a circumstance referred to in any of paragraphs 233(1)(a) to (f) of the Act;
 (b) a circumstance prescribed by section 7‑5 of this instrument.

7‑5  Other circumstances in which export permit may be revoked
  For the purposes of paragraph 233(1)(g) of the Act, the following circumstances are prescribed in relation to an export permit for prescribed milk or milk products:
 (a) a person, other than the holder of the export permit, has given the Secretary information or a document in relation to the milk or milk products that is false, misleading or incomplete;
 (b) a condition or disease that is likely to affect the acceptability of the milk or milk products to the importing country is present in Australian territory;
 (c) the export of the milk or milk products could result in trade in the export of other goods from Australian territory being adversely affected.
Note: If an export permit is revoked, the person to whom it was issued must return the permit to the Secretary within 10 business days (unless it was issued by electronic means) (see section 7‑7).

Part 3—Other matters

7‑6  Changes that require additional or corrected information to be given to the Secretary
  For the purposes of paragraph 235(1)(b) of the Act, each of the following changes is prescribed in relation to prescribed milk or milk products for which an export permit is in force but that have not been exported:
 (a) there are reasonable grounds to suspect that:
 (i) the fitness for human consumption of the milk or milk products has been jeopardised; or
 (ii) the integrity of the milk or milk products cannot be ensured;
 (b) there are reasonable grounds to suspect that an importing country requirement relating to the milk or milk products will not be, or is not likely to be, met before the milk or milk products are imported into the importing country;
 (c) there are reasonable grounds to suspect that a prescribed export condition relating to the milk or milk products has not been complied with in circumstances where the condition should have been complied with.
Note: The exporter may be liable to a civil penalty if the exporter fails to comply with a requirement under section 235 of the Act (see subsection 235(3) of the Act).

7‑7  Return of export permit
 (1) For the purposes of section 236 of the Act, a person to whom an export permit for prescribed milk or milk products was issued must return the permit to the Secretary if the permit is revoked. The permit must be returned within 10 business days starting on the day the permit was revoked.
 (2) Subsection (1) does not