Document ID: chunk:federal_register_of_legislation:F2024C00422:reg:37:p9
Version: federal_register_of_legislation:F2024C00422
Segment Type: reg
Provision Reference: reg 37 (pt 9/21)
Character Range: 343520–346456

given in compliance with subsection 243(1) of the Act (see item 51 of Schedule 3 to the Export Control (Consequential Amendments and Transitional Provisions) Act 2020). If the NOI had not been approved by the Secretary and had not been withdrawn before the commencement time, the Secretary must decide after the commencement time whether to approve the notice of intention to export the consignment under subsection 8‑11(2) of this instrument.
Note 2: If the Secretary had directed that the approved NOI be varied or had required the exporter to give the Secretary a new NOI for the consignment under subsection 3.09(2) of the old Export Control (Animals) Order and the exporter had not complied with the requirement before the commencement time, the exporter must comply with the requirement (by giving the Secretary a notice of intention to export the consignment in compliance with subsection 243(1) of the Act) as soon as practicable after the commencement time (see subitem 52(2) of Schedule 3 to the Export Control (Consequential Amendments and Transitional Provisions) Act 2020).

12‑10  Approval of premises for pre‑export quarantine or isolation of consignment of live animals given before commencement time
  If:
 (a) the Secretary had, under subsection 3.06(4) of the old Export Control (Animals) Order, approved premises for pre‑export quarantine or isolation of live animals (the consignment) that are to be exported; and
 (b) the consignment had not been exported before the commencement time;
then the approval continues to have effect after the commencement time as if it were an approval of the premises for pre‑export quarantine or isolation of the consignment given under paragraph 8‑10(2)(a) of this instrument.

Division 2—Official marks

12‑11  Person approved before commencement time to manufacture an official mark
 (1) This section applies in relation to a person who, immediately before the commencement time, was approved by the Secretary under subsection 13.18(2) of the old Export Control (General) Order to manufacture an official mark for prescribed livestock, prescribed live animals or prescribed animal reproductive material.
 (2) The person is taken, at the commencement time, to have been given a written approval by the Secretary under section 8‑23 of this instrument to manufacture the official mark for prescribed livestock, prescribed live animals or prescribed animal reproductive material (as the case may be).

12‑12  Person approved before commencement time to possess an official mark
 (1) This section applies in relation to a person who, immediately before the commencement time, was approved by the Secretary under paragraph 13.18(3)(e) of the old Export Control (General) Order as a person who may possess an official mark (other than an official mark that has been applied to goods) for prescribed livestock, prescribed live animals or prescribed animal reproductive material.
 (2) The