Document ID: chunk:federal_register_of_legislation:F2025C00103:reg:5:p43
Version: federal_register_of_legislation:F2025C00103
Segment Type: reg
Provision Reference: reg 5 (pt 43/52)
Character Range: 161799–164610

Division 1—Variations by holder

5‑36  Requirements that must be met for variation to be approved or conditions varied
 (1) This section applies in relation to an application under subsection 161(1) of the Act to approve a variation of an approved arrangement for operations to prepare prescribed wild game meat or wild game meat products for export to a particular country, or to vary the conditions of such an approved arrangement, if:
 (a) the application is made because the relevant importing country authority does not require:
 (i) one or more requirements (the relevant requirements) of the Australian Wild Game Meat Standard that apply in relation to a registered establishment where the operations are carried out to be met; or
 (ii) compliance with one or more conditions (the relevant conditions) in Divisions 3 to 7 of Part 2 of this Chapter; and
 (b) the relevant importing country authority requires a different requirement relating to the prescribed wild game meat or wild game meat products to be met.
Note: A variation of an approved arrangement, or of the conditions of an approved arrangement, may be needed to implement an alternative regulatory arrangement or other significant variation (see Subdivisions B and C of Division 1 of Part 4 of Chapter 5 of the Act).
 (2) For the purposes of paragraph 161(3)(c) of the Act, it is a requirement that:
 (a) compliance with the different importing country requirement referred to in paragraph (1)(b) of this section will not result in:
 (i) the relevant requirements being met; or
 (ii) the relevant conditions being complied with; and
 (b) the approved arrangement provides for a system of controls to be implemented to ensure that the different importing country requirement will be complied with; and
 (c) the system of controls referred to in paragraph (b) of this subsection will be implemented in carrying out operations in accordance with the approved arrangement.

5‑37  Significant variations
  For the purposes of subparagraph 164(2)(c)(ii) of the Act, the following kinds of variations are prescribed in relation to an approved arrangement for a kind of export operations in relation to prescribed wild game meat or wild game meat products:
 (a) a variation of the person who manages or controls the export operations;
 (b) a variation of the functions a person is permitted to perform in accordance with the approved arrangement, including the following:
 (i) making declarations;
 (ii) manufacturing, supplying, possessing, applying, altering or interfering with an official mark;
 (iii) applying a mark that is a resemblance (within the meaning of Division 3 of Part 3 of Chapter 8 of this instrument) to the wild game meat or wild game meat products, or goods containing prescribed wild game meat or wild game meat products;
 (iv)