Document ID: chunk:federal_register_of_legislation:F2024C00422:reg:2:p101
Version: federal_register_of_legislation:F2024C00422
Segment Type: reg
Provision Reference: reg 2 (pt 101/102)
Character Range: 305535–308362

reasonably suspects that the disease, infection or infestation is present in Australian territory; and
 (b) the disease, infection or infestation is not endemic to Australia; and
 (c) either:
 (i) the disease, infection or infestation is listed in Chapter 1.3 of the Terrestrial Animal Health Code published by the Office International des Epizooties (also known as the World Organisation for Animal Health), as existing from time to time; or
 (ii) the Secretary reasonably believes that the disease, infection or infestation has the potential to cause significant harm to human, animal or plant health and could result in the export of prescribed livestock from Australian territory being adversely affected.
Note: The Terrestrial Animal Health Code could in 2023 be viewed on the website of the World Organisation for Animal Health (http://www.woah.org).

Notification
 (4) Before making an order under subsection (1), the authorised officer must, if reasonably practicable in the circumstances, give the holder of the livestock export licence particulars of the order.
 (5) If the authorised officer decides to make the order, the officer must, as soon as practicable after making the decision, notify the licence holder of the order.
 (6) If the authorised officer notifies the licence holder orally under subsection (5), the officer must, as soon as practicable after notifying the licence holder, also notify the licence holder in writing.

Period of effect
 (7) An order made under subsection (1):
 (a) takes effect when notification of the order is given under subsection (5); and
 (b) remains in effect for 72 hours unless revoked earlier.

Revocation of order
 (8) An authorised officer may, by written notice to the licence holder, revoke an order made under subsection (1) if the authorised officer is satisfied that the reason for the order no longer exists and there is no reason why the order should not be revoked.

Failure to comply does not invalidate order
 (9) A failure to comply with subsection (4) or (6) does not invalidate an order given under this section.

Chapter 10—Compliance and enforcement

10‑1  Samples taken in exercising monitoring or investigation powers
 (1) This section applies if a sample is taken as permitted by paragraph 327(2)(a) of the Act (additional monitoring power) or subsection 330(2) of the Act (additional investigation power).
 (2) The sample must be:
 (a) identified with a mark or a tag; and
 (b) kept under conditions that are unlikely to affect the result of any testing or analysis of the sample; and
 (c) kept in the custody or control of an authorised officer until whichever of the following first occurs:
 (i) the sample is given to an analyst appointed under section 413 of the Act;
 (ii) the sample is destroyed during testing or analysis in accordance with