Document ID: chunk:federal_register_of_legislation:F2025C00102:reg:5:p15
Version: federal_register_of_legislation:F2025C00102
Segment Type: reg
Provision Reference: reg 5 (pt 15/52)
Character Range: 89351–92251

an application under subsection 4‑27(3) or 4‑29(4), the Secretary must establish a committee (the review committee) comprising the following:
 (a) the occupier or a representative of the occupier;
 (b) an SES employee, or an acting SES employee, in the Department;
 (c) a meat industry representative nominated by the occupier;
 (d) if the occupier did not accept the preliminary allocation or the revised allocation (as the case may be) of meat inspection services to the establishment because of a staffing issue—a representative of each relevant union of authorised officers.
 (2) The Secretary must convene the first meeting of the review committee.

Review of Secretary's determination
 (3) The review committee must review:
 (a) the application for review; and
 (b) the advice (if any) included in the notice given to the occupier under section 4‑26; and
 (c) the determination to which the application relates.
 (4) As soon as practicable and not later than 14 days after its first meeting, the review committee must give a written recommendation to the Secretary on the appropriate allocation of meat inspection services to the establishment.

4‑31  Determination of new allocation
 (1) As soon as practicable after receiving a recommendation from a review committee under subsection 4‑30(4) in relation to an application for review of the allocation of meat inspection services to an establishment, the Secretary must determine a new allocation of meat inspection services to the establishment.
Note: A decision to determine a new allocation of meat inspection services to an establishment is a reviewable decision (see section 11‑1 of this instrument and Part 2 of Chapter 11 of the Act). The notice under subsection (4) of this section must also include the reasons for the decision (see subsection 382(1) of the Act).
 (2) In making a determination under subsection (1), the Secretary must have regard to:
 (a) the review committee's recommendation; and
 (b) the matters referred to in subsection 4‑25(2).
 (3) The Secretary's determination under subsection (1):
 (a) replaces any earlier determination of the Secretary of an allocation of meat inspection services to the establishment; and
 (b) is taken to be a memorandum of agreed intent between the Secretary and the occupier of the establishment.

Notice of new allocation
 (4) After determining a new allocation of meat inspection services to the establishment, the Secretary must give the occupier of the establishment a written notice stating the new allocation of meat inspection services to the establishment.
 (5) The notice under subsection (4) must be given to the occupier as soon as practicable and not later than 45 days after the day the relevant application for review was received by the Secretary.

Division 2—Variation of meat inspection services

4‑32  Application to vary allocation of meat inspection services
 (1)