Document ID: chunk:federal_register_of_legislation:F2024C00422:reg:2:p89
Version: federal_register_of_legislation:F2024C00422
Segment Type: reg
Provision Reference: reg 2 (pt 89/102)
Character Range: 275686–278428

in writing, to the Secretary for approval of the program of export operations.
 (2) For the purposes of paragraph (1)(a) and in addition to the matters covered by subsection 311(2) of the Act, a program of export operations in relation to one or more kinds or classes of livestock:
 (a) may be undertaken within or outside Australian territory; and
 (b) may include operations other than those referred to in subparagraphs 311(2)(a)(i) to (v) of the Act.
 (3) An application under paragraph (1)(b) for approval of a program of export operations:
 (a) must be accompanied by a written record of the program of export operations; and
 (b) may be made at the same time as an application under subsection 150(1) of the Act for approval of a proposed arrangement for those export operations.

9‑34  Assessment of application and Secretary's decision
 (1) This section applies if an exporter makes an application under paragraph 9‑33(1)(b) for approval of a program of export operations.

Request for further information or documents
 (2) For the purpose of deciding whether to approve the program of export operations under subsection 311(1) of the Act, the Secretary may request the applicant, or another person who the Secretary considers may have information or documents relevant to the application, to give the Secretary further specified information or documents relevant to the application.
Note: An approval by the Secretary of a program of export operations must be in writing (see subsection 311(1) of the Act).
 (3) A request under subsection (2):
 (a) may be made orally or in writing; and
 (b) must specify the period within which the request must be complied with.

Approval of program of export operations
 (4) The Secretary may approve the program of export operations if the Secretary is satisfied that the program is for the purpose of ensuring the health and welfare of each kind or class of livestock to which the program relates in the course of export operations included in the program.
Note 1: An exporter may commit an offence under Division 3 of Part 5 of Chapter 9 of the Act for certain contraventions relating to approved export programs.
Note 2: The Secretary may direct an authorised officer to undertake some or all of the export operations in an exporter's approved export program (see section 313 of the Act).
 (5) For the purposes of subsection (4), the Secretary may have regard to whether the program of export operations complies with the Australian Standards for the Export of Livestock in relation to the livestock to which the program relates.
 (6) If the Secretary approves the program of export operations, the Secretary may, if the Secretary considers it appropriate, set an expiry date for the approved