Document ID: chunk:federal_register_of_legislation:C2024C00526:section:16:p2
Version: federal_register_of_legislation:C2024C00526
Segment Type: section
Provision Reference: s 16 (pt 2/4)
Character Range: 45130–47767

that kind; and
 (bb) empower the Minister to make an order in respect of food classified into a particular category imported from a country specified in the order:
 (i) specifying the percentage of all such food that must be inspected, or inspected and analysed, under the Scheme; or
 (ii) specifying the percentage of all such food, except food of a particular kind, that must be inspected, or inspected and analysed, under the Scheme; or
 (iii) specifying the percentage of food of a particular kind that must be inspected, or inspected and analysed, under the Scheme; and
 (c) specify the manner and incidence of the inspection, or inspection and analysis, of food of a kind that is subject to a holding order; and
 (d) specify the manner and incidence of the inspection, or inspection and analysis, of particular food, other than food of a kind that is identified by the Minister in an order made under paragraph (a) or that is subject to a holding order, that is imported into Australia; and
 (e) set out the circumstances in which authorised officers may exercise powers to inspect, or inspect and analyse, particular food that is not:
 (i) food of a kind that is identified by the Minister in an order under paragraph (a) or that is subject to a holding order; or
 (ii) food that is required to be inspected in accordance with regulations made for the purposes of paragraph (d); and
 (f) specify powers of authorised officers to inspect, or inspect and analyse, food required or permitted to be inspected, or inspected and analysed, under this Scheme; and
 (fa) specify circumstances in which food is taken to be failing food; and
 (g) specify circumstances in which food is to be taken to be failing food because of its relationship to food that is found to be failing food; and
 (h) set out the circumstances in which food, other than food that is the subject of a holding order, is to be held pending the outcome of an inspection, or inspection and analysis; and
 (i) permit variation in the incidence of inspection, or inspection and analysis, of food if:
 (i) a recognised foreign government certificate or a recognised quality assurance certificate covering the food is given to an authorised officer and the officer has no reason to doubt the authenticity or reliability of the certificate; or
 (ii) a compliance agreement applies in respect of the food; and
 (j) set out the circumstances in which, and procedures by which, the reliability of certificates referred to in paragraph (i) will be tested.
 (2A) A percentage mentioned in paragraph (2)(ac) or (bb) that is specified in an order made by the Minister must be less