Attachment A
Details of the Export Control (Meat and Meat Products) Rules 2021
CHAPTER 1—PRELIMINARY
Part 1—Preliminary
1-1 Name
Section 1-1 provides that the name of the instrument is the Export Control (Meat and Meat Products) Rules 2021 (the Meat Rules).
1-2 Commencement
Section 1-2 provides for the Meat Rules to commence at the same time as section 3 of the Export Control Act 2020 (the Act).
Section 2 of the Act provides for section 3 of the Act to commence at a single time to be fixed by Proclamation. However, if section 3 of the Act does not commence before 3 am on 28 March 2021 (in the Australian Capital Territory), then it will commence at that time (item 2 of the table in section 2 of the Act).
1-3 Authority
Section 1-3 provides that the Meat Rules are made under the Act.
1-4 Simplified outline of this instrument
Section 1-4 provides a simplified outline of the matters covered in the Meat Rules and details the structure. The outline is not intended to be comprehensive and is included to assist readers. It is intended that readers will rely on the substantive provisions of the Meat Rules.
The Meat Rules prescribe matters and make other provisions in relation to meat and meat products for the purposes of the Act. Chapters in the Meat Rules have the same name and number as corresponding Chapters in the Act.
Part 2—Interpretation
Division 1—Definitions
1-5 Definitions
Section 1-5 contains definitions of key terms which are used in the Meat Rules. The note at the start of this section lists some of the terms used in the Meat Rules which are defined in section 12 of the Act. Such terms will have the same meaning in the Meat Rules as they have in the Act.
Section 1-5 will also include some ‘signpost’ definitions that refer readers to the sections in which terms are substantively defined.
Some key concepts for the regulatory framework established by the Meat Rules are animal, meat, and meat product. These are key concepts because they broadly set the scope of what can be regulated by the Meat Rules; only prescribed meats and prescribed meat products are regulated by the Meat Rules and these terms are defined, respectively, as meat and meat products that are prescribed goods under Division 1 of Part 1 of Chapter 2 of the Meat Rules.
Meat is defined as any part of an animal (including an animal carcase and offal) that is slaughtered other than in a wild state. Here, animal means a bovine animal, bubaline animal, camelid animal, caprine animal, cervid animal, ovine animal, porcine animal or soliped animal. The note after the definition of animal explains that examples are cattle and bison (bovine animals), Asian water buffalo (bubaline animals), camels (camelid animals), goats (caprine animals), deer (cervid animals), sheep (ovine animals), pigs (porcine animals) and horses and donkeys (soliped animals). A meat product is defined as a product containing meat.
The Australian Meat Industry Classification System is a publication system published by AUS-MEAT Limited (https://www.ausmeat.com.au). AUS-MEAT Limited (Authority for Uniform Specification-MEAT) is an industry owned body operating as a joint venture under the control of a Board of Directors appointed by MLA and AMPC. Since 1993, AUS-MEAT has been providing the Australian Meat Industry with information relevant to trade description, overseas country requirements, carcase measurements and branding schemes through the Australian Meat Industry Classification System Information Manual. The manual provides a clear separation between the Industry National Accreditation Standards which are administered by AUS-MEAT on behalf of the Australian Meat Industry Language and Standards Committee from other commercial information.
The Australian Meat Industry Classification System is incorporated as it exists at the time of commencement of the Meat Rules as a necessary document for the Australian Meat Industry.
The manual provides a common language which uses objective descriptions to describe meat products accurately to meet market requirements both nationally and internationally. The language has been adopted throughout the Australian meat industry and provides customers with an accurate way of describing and ordering meat products. In 2021, the Australian Meat Industry Classification System Information Manual is freely available on the AUS-MEAT website (https://www.ausmeat.com.au/members/publications/australian-meat-industry-classification-system/).
The Australian Meat Standard is defined as Australian Standard [AS 4696:2007], Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption. This Standard harmonises standards for the production and transportation of meat and meat products. This standard is incorporated as it exists at the commencement of the Meat Rules and is freely available on the CSIRO website (https://www.publish.csiro.au).
The purpose of the definition of EU-listed establishment is to incorporate the list of establishments published by the European Commission in accordance with Article 12 of Regulation (EC) No 854/2004 as it exists from time to time. This list is incorporated from time to time under the provisions of paragraph 432(3)(c) of the Act. It is necessary to define this term on the basis of a list that exists from time to time as there are regular amendments made to the list requiring reference to the most up-to-date version to ensure new establishments can export to the European Union (EU) as soon as they are included on the list. As of 2021, this list is freely available on the EU website (https://ec.europa.eu).
The note following the definition of EU-listed establishment explains that an establishment is included in the list if it meets the requirements of the EU for operations to prepare meat or meat products for export to a member state of the EU as food. The list is freely available on the European Commission website (https://ec.europa.eu).
The purpose of the definitions of ineligible breeding bull and ineligible breeding female is to be clear this refers to specified live bovine animals held on accredited farms for breeding purposes, but not born on the accredited farm, and not treated with hormonal growth promotant (HGP). HGP means a veterinary chemical product that contains a substance that is, or a mixture of substances that are, responsible for oestrogenic, androgenic, gestagenic or thyrostatic activity to enhance growth or production in cattle, and is registered for use for this purpose in Australia under section 14 of the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994. These specific definitions are necessary for export to the European Union.
Section 1-5 also defines the term exporter, in the context of exporting prescribed meat or meat products, as the applicant for an export permit for the meat or meat products or, if an export permit has been issued for the meat or meat products, as the holder of the permit. This is an important concept because it clarifies who is generally being regulated by the requirements of the Meat Rules.
Other key concepts for the Meat Rules that are defined in section 1-5 are registered establishment, which means an establishment that is registered (under Chapter 4 of the Act) for a kind of export operations in relation to prescribed meat or meat products, and relevant importing country authority, which means the authority or body that is responsible for regulating the importation of meat or meat products into that country from Australian territory.
The purpose of the definitions of resources industry structure and installed is to provide certainty around the kinds of structures (for example, oil rigs and similar off-shore structures) that are covered by the Meat Rules. Goods consigned to a resource industry structure that is installed in a specified area are not required to comply with prescribed export control conditions (see paragraph 2-2(f) of the Meat Rules). The definition of resources industry structure means a resources industry fixed structure (as defined in the Sea Installations Act 1987) and a resources industry mobile unit (as defined in the Sea Installations Act 1987) that is not a vessel. This definition of resources industry structure includes a fixed structure (including a pipeline) or a moveable or floatable structure (that is not a vessel) that is used off-shore wholly or principally for exploring or exploiting natural mineral resources.
A restricted slaughter animal is an animal to which a disposition under paragraph 8.9(b) of the Australian Meat Standard (ante-mortem dispositions) has been applied. Animals are inspected to the extent necessary to determine the disposition to be applied. The note following this definition provides that an animal may be passed for slaughter subject to conditions (see paragraph 8.9(b) of the Australian Meat Standard).
1-6 Meaning of loaded for export
Section 1-6 provides a definition for when meat or meat products are loaded for export. This is when the meat or meat products are placed into a container system unit at a registered establishment for export; or are loaded into or onto an aircraft or a vessel for export without first being placed into a container system unit.
This stage in the export supply chain is an important point of regulatory control before a consignment of meat or meat products leaves Australian territory. There are certain obligations that apply at this stage in the supply chain and the definition makes these obligations clear.
These obligations under the Meat Rules include:
· that prescribed meat or meat products must, at the time they are loaded for export, be packaged to effectively protect them from contamination and deterioration in the conditions under which they are loaded, stored, and transported from Australian territory (section 5‑17 of the Meat Rules); and
· that prescribed meat or meat products must not be loaded for export in a container system unit or area on an aircraft or vessel, unless the container system unit or area used for loading is clean, free from contamination, free of odours and materials capable of contaminating meat or meat products or their packaging, maintained in a good state of repair and working order having regard to its use, and if necessary, has appropriate and adequate refrigeration (section 5-18 of the Meat Rules).
Division 2—Other interpretation provisions
1-7 References to authorised officer and meat safety inspector
Subsection 1-7(1) makes clear that, for the purposes of the Meat Rules, a reference to a meat safety inspector in the Australian Meat Standard is to be read as an authorised officer for the purposes of the Meat Rules, unless subsections 1-7(2) and (3) applies.
The note following subsection 1-7(1) explains that an authorised officer may perform all of the functions of a meat safety inspector specified in the Australian Meat Standard, with reference to section 9-21 of the Meat Rules.
Subsections 1-7(2) and (3) clarify circumstances where a reference to an authorised officer in the Meat Rules or a reference to a meat safety inspector in the Australian Meat Standard is to be read as reference to a veterinary officer, or an authorised officer acting under the supervision of a veterinary officer. This enables the Meat Rules to operate effectively when implementing or requiring compliance with the Australian Meat Standard. In certain circumstances, certain functions may only be performed by a veterinary officer or an authorised officer who is under the supervision of a veterinary officer.
1-8 Modifications of certain terms used in the Australian Meat Standard
Subsection 1-8(1) provides that certain matters in the Australian Meat Standard is taken to be modified for the purposes of the Meat Rules. This ensures there is consistency with terms used in the Meat Rules and the Act.
Subsection 1-8(2) provides the definition of dried meat in the Australia Meat Standard (clause 1.3) is taken to be omitted and substituted with:
dried meat does not include slow-dried cured meat.
Subsection 1-8(3) provides that reference to a ‘meat business’ in the Australian Meat Standard is to be read as a reference to an establishment where operations to prepare meat or meat products for export are carried out, or if the context requires, the occupier of such an establishment.
Subsection 1-8(4) provides that a reference to a ‘meat transport vehicle’ in the Australian Meat Standard is to be read as a reference to the definition of that term in section 1-5 of the Meat Rules. Meat transport vehicle is defined in section 1-5 as a conveyance that is used to transport or transfer prescribed meat or meat products, and includes the meat carrying compartment of the conveyance.
Subsection 1-8(5) provides that reference to the ‘operator or proprietor of meat premises’ in the Australian Meat Standard is to be read, in the context of the Meat Rules, as a reference to the occupier of an establishment. This ensures consistency between the Australian Meat Standard, the Meat Rules and the Act in respect of the requirements and conditions that apply to occupiers of establishments.
The note following subsection 1‑8(5) explains that establishment has the same meaning as premises, as provided for in section 12 of the Act. This is to ensure consistency between the Australian Meat Standard, the Meat Rules and the Act when the requirements and conditions apply to occupiers. Premises includes a structure, building or conveyance, or a place (whether or not enclosed or built on), including a place situated underground or under water, or a part of any of these things.
1-9 Circumstances in which alternative procedure, standard or other requirement is taken to meet requirements of Australian Meat Standard
Section 1-9 sets out the circumstances in which an alternative procedure, standard or other requirement is, for the purposes of the Meat Rules, taken to meet the requirements of the Australian Meat Standard. This is in circumstances where:
· the Australian Meat Standard requires a particular technique to be implemented in carrying out operations to prepare prescribed meat or meat products for export; and
· meeting the requirements of the Australian Meat Standard is a condition of the registration of the registered establishment where operations to prepare the meat or meat products for export are carried (under section 4-3 of the Meat Rules); and
· an approved arrangement:
o covers operations to prepare the meat or meat products for export; and
o provides for an alternative procedure, standard or requirement to be implemented in carrying out those operations.
In such circumstances, the implementation of that alternative procedure, standard or requirement when carrying out operations to prepare prescribed meat or meat products for export is taken to meet the requirement in the Australian Meat Standard to implement a particular technique.
The purpose of section 1-9 is to provide flexibility to allow for innovation in preparing meat and meat products, while maintaining the integrity of the goods. The alternative procedures, standards or other requirements will not be taken to fulfil the Australian Meat Standard unless they have been approved as part of an approved arrangement.
The first note following section 1-9 explains that the holder of an approved arrangement may need to apply to the Secretary under paragraph 161(1)(b) of the Act to approve a variation of the arrangement in order to implement an alternative procedure, standard or other requirement.
The second note following section 1-9 alerts the reader to the fact that the holder of an approved arrangement may commit an offence or be liable to a civil penalty under section 163 of the Act if
· the approved arrangement needs to be varied to provide for an alternative procedure, standard or other requirement to be implemented in carrying out operations to prepare prescribed meat or meat products for export; and
· the variation is implemented; and
· the variation has not been approved by the Secretary under paragraph 161(2)(a) of the Act, or the variation has been approved under that paragraph but the Secretary has not given the holder notice of the approval under section 162 of the Act.
CHAPTER 2—EXPORTING GOODS
Part 1—Goods
Division 1—Prescribed goods
Division 1 of Part 1 of Chapter 2 of the Meat Rules sets out which kinds of goods will be prescribed goods for the purposes of the Act. Prescribed goods are subject to the regulatory controls imposed by the Act, including the requirement to comply with the prescribed export conditions.
2-1 Meat and meat products that are prescribed goods
Subsection 28(1) of the Act allows the Secretary to prescribe kinds of goods for the purposes of the Act. Kinds of good prescribed by rules made for the purposes of subsection 28(1) are prescribed goods. The Act regulates the export of prescribed goods.
Subsection 2-1(1) prescribes meat or meat products that are derived from listed types of animals which are intended to be exported as food as prescribed goods for the purposes of subsection 28(1) of the Act. This means that meat or meat products:
· derived from a bovine animal, bubaline animal, camelid animal, caprine animal, cervid animal, ovine animal, porcine animal or soliped animal; and
· are intended to be exported as food,
will be subject to the regulatory controls in the Act and the Meat Rules, including the requirement to comply with prescribed export conditions. This general rule is, however, subject to the express exceptions set out in subsections 2-1(3) and (4), and the circumstances set out in section 2-2 of the Meat Rules which details the meat and meat products that are taken not to be prescribed goods.
The first note following subsection 2-1(1) provides for examples of the animals (as defined in section 1-5 of the Meat Rules) referred to in paragraph 2-1(1)(a).
The second note following subsection 2-1(1) notifies the reader to the fact that the term food is defined in section 12 of the Act. This definition provides that food includes any substance or thing of a kind used, or capable of being used, for human consumption, or as an ingredient or additive in any substance or thing of a kind used or capable of being used for human consumption, whether or not the substance or thing is in a condition fit for human consumption.
The third note following subsection 2-1(1) explains that meat and meat products covered by subsection 2‑1(1) are taken not to be prescribed goods for the purposes of the Act in the circumstances prescribed by section 2-2 of the Meat Rules.
Subsection 2-1(2) provides that meat or meat products listed under subsection 2-1(3) will be considered to be prescribed meat or meat products (prescribed goods) for the purpose of subsection 28(1) of the Act in the circumstance where the goods are intended to be exported to a particular country (the importing country) as food and one or more requirements of the Act must be met in order to meet an importing country requirement.
In such circumstances the goods will be considered prescribed goods (and thus be subject to the requirements of the Act and the Meat Rules) for the purposes of importing to that country, but will not be prescribed goods when exported to another country that does not have the same importing requirements.
The example following subsection 2-1(2) demonstrates that meat extracts will be prescribed meat products if a requirement of the Act would need to be complied with in relation to the meat extracts for the purpose of meeting an importing country requirement.
The note following subsection 2-1(2) explains that the Act will apply to meat and meat products to which subsection 2-1(2) applies in the same way as it applies to goods prescribed for the purposes of the Act under subsection 2-1(1) of the Meat Rules.
Subsection 2-1(3) lists the meat and meat products which are not prescribed for the purposes of subsection 28(1) of the Act, even if they would ordinarily fall within the definition of meat or meat product and are intended for export as food. Goods listed in subsection 2-1(3) will only be subject to the regulatory controls set out in the Act and the Meat Rules (including the requirement to comply with the prescribed export conditions) to the extent that they also fall within subsection 2-1(2). The goods listed in subsection 2-1(3) are:
· soup, soup powder or soup concentrate derived from meat;
· meat extracts;
· tallow, gelatine or regenerated collagen products derived from meat;
· any other meat or meat products that are not covered by subsection 2-1(1);
· meat products containing less than 5% mass of meat;
· meat or meat products for export in a consignment of not more than 10 kilograms; and
· meat or meat products for export to New Zealand for consumption in New Zealand.
The note following subsection 2-1(3) notifies the reader that meat or meat products that are for export to New Zealand but are not intended to be consumed in New Zealand will not fall within the exception at subsection 2-1(3) and will be prescribed goods.
Paragraph 2-1(i) gives effect to the Trans-Tasman Mutual Recognition Arrangement that came into force between Australia and New Zealand in May 1998. The arrangement seeks to minimise regulatory barriers to the export of goods to New Zealand.
The purpose of subsections 2-1(2) and (3) is to remove barriers to trade where there is minimal risk to food safety and human and animal health, while ensuring importing country requirements are met. This provides flexibility to increase or decrease the level of regulation for the export of meat or meat products where there are changes in importing country requirements. This also provides for the regulation of meat and meat products for export where there is a need to focus on exports that attract the most risk.
Subsection 2-1(4) provides that meat or meat products that are animal food or that are pharmaceutical material are not prescribed for the purposes of subsection 28(1) of the Act.
2-2 Meat and meat products that are taken not to be prescribed goods
Subsection 28(4) of the Act allows the rules to prescribe that a kind of goods is taken not to be prescribed goods for the purposes of the Act in specified circumstances.
Section 2-2 is made for the purposes of subsection 28(4) of the Act. It sets out the circumstances when meat and meat products that are prescribed under subsection 2-1(1) or (2) of the Meat Rules are taken not to be prescribed goods for the purposes of the Act.
It is not necessary for the meat and meat products to be subject to the regulatory controls in the Act in the circumstances listed in section 2-2, as these goods are:
- intended to be consumed in transit (paragraphs 2-2(a) and (b)) on a flight or voyage; or
- being transited through Australia (paragraphs 2-2(c) and (d)); or
- not being imported into another country (paragraphs 2-2(e) and (f)) but to an external Territory or a resources industry structure.
Requiring meat or meat products in these circumstances to meet the requirements of the Meat Rules would be redundant and excessively burdensome as the goods are intended to be consumed and not enter another country or to be re-exported in the same condition in which they entered Australia.
The note following section 2-2 explains that for the purposes of paragraph 2-2(f), a resource industry structure that is not installed is taken to be a vessel in accordance with the Sea Installations Act 1987.
Division 2—Prohibited export and prescribed export conditions
Division 2 of Part 1 of Chapter 2 of the Meat Rules sets out specific requirements that must be complied with when exporting prescribed meat or meat products (prescribed export conditions). The purpose of the prescribed export conditions is to ensure that prescribed meat or meat products are exported in accordance with the requirements in the Act and the Meat Rules. Division 2 also provides that the Meat Rules may prohibit the export of prescribed goods unless prescribed conditions are complied with.
2-3 Purpose and application of this Division
Subsections 2-3(1) and (2) provide that Division 2 of Part 1 of Chapter 2 of the Meat Rules is made for the purposes of section 29 of the Act and that it applies to prescribed meat and meat products (i.e. meat and meat products prescribed under section 2-1).
The first note following subsection 2-3(2) refers the reader to Division 1 of Part 1 of Chapter 2 of the Meat Rules for what goods are prescribed meat and meat products.
The second note following subsection 2-3(2) alerts the reader to the fact that, under section 2‑2 of the Meat Rules, meat and meat products are taken not to be prescribed goods in the specified circumstances. The note also refers to the definition of prescribed goods in section 12 of the Act.
Subsection 2-3(3) provides that a provision of Division 2 does not apply to prescribed meat or meat products which are to be exported in a circumstance referred to in subsection 52(1) or (3) of the Act (for example, a commercial sample) and for which an exemption from that provision is in force in relation to the prescribed meat or meat products under Part 2 of Chapter 2 of the Act.
This acknowledges that Part 2 of Chapter 2 of the Act allows certain persons to apply for and be granted an exemption from one or more provisions of the Act in the circumstances listed in section 52 of the Act. For instance, a person may be granted an exemption from having to comply with one or more of the prescribed export conditions in relation to the export of prescribed meat or meat products for experimental purposes.
2-4 Export of prescribed meat or meat products is prohibited unless prescribed conditions are complied with
Paragraph 29(1)(a) of the Act allows the rules to prohibit the export of prescribed goods from Australian territory or from a part of Australian territory unless the conditions prescribed by the rules are complied with.
Section 2-4 lists the prescribed export conditions that must be complied with for the export of prescribed goods from Australian territory. The export of prescribed meat or meat products is prohibited unless these conditions are met. These conditions are necessary to enable and maintain market access for goods exported from Australian territory and to ensure compliance with importing country requirements. The prescribed export conditions maintain the integrity of our exports, Australia’s positive relationships with trading partners and reputation as a reliable exporter of safe and high-quality products.
The prescribed export conditions that apply to the export of prescribed meat or meat products are:
· that all applicable importing country requirements relating to the meat or meat products, and the operations to prepare them for export, must be met; and
· that if a Halal certificate is required by an exporter or importing country authority, the operations must be carried out by an Islamic organisation in accordance with an approved arrangement for Halal meat certification operations held by the Islamic Organisation and the approved arrangement must not be suspended at the time the operations are carried out; and
· that if the meat or meat products are derived from a bovine animal and are intended to be exported to the European Union (EU) as food, the animals (unless they are bobby calves) must be sourced from a property accredited for EU export meat production operations and the accreditation of the property must not be suspended at the time the animals are sourced. The registered establishment where operations to prepare the meat or meat products for export are carried out must be an EU-listed establishment; and
· that the operations to prepare meat or meat products for export must be carried out at an establishment that is registered for those operations in relation to the meat or meat products, and that the registration is not suspended in relation to those operations at the time the operations are carried out; and
· that an approved arrangement covering operations to prepare the meat or meat products for export at the registered establishment must be in force and not suspended in relation to those operations at the time the operations are carried out; and
· that if the meat or meat products are derived from a bovine (other than a buffalo), a caprine or an ovine animal, the exporter must hold a meat export licence which must be in force and not suspended when the meat or meat products are exported; and
· that, for each consignment of meat or meat products to be exported, a person prescribed by section 8-2 of the Meat Rules (the person who intends to export the consignment) must provide the Secretary, at the time prescribed by section 8-4 (as soon as reasonably practicable),with a notice of intention to export the consignment; and
· that, at the time of the export, the exporter must hold an export permit for the meat or meat products that is in force and not suspended.
For each export of prescribed meat or meat products, all prescribed export conditions must be complied with.
For the purpose of export to the EU (section 2-4, table item 3) a bobby calf means a bovine animal that is less than 30 days old and weighs less than 80 kilograms live weight.
The first note following section 2-4 alerts the reader that additional conditions may also apply to the export of particular prescribed meat or meat products that also fit within other regimes – such as particular meat products that are also covered by the Export Control (Organic Goods) Rules 2021.
The second note following section 2-4 explains that if the meat or meat product is derived from bovine animals and are for export to a member state of the EU (item 3), the conditions in items 4 (registered establishment), 5 (approved arrangement), and 6 (meat export licence) of the table, must also be complied with in relation to the preparation of that meat or meat product.
The third note following section 2-4 explains that in addition to the conditions in item 6 (meat export licence), the conditions in items 4 (registered establishment) and 5 (approved arrangement) of the table must also be complied with in relation to the preparation of meat or meat products derived from an animal referred to in item 6 that are for export as food.
The fourth note following section 2-4 alerts the reader that a person may commit an offence or be liable to a civil penalty if prescribed good are exported in contravention of prescribed export conditions (see Division 4 of Part 1 of Chapter 2 of the Act).
The fifth note following section 2-4 explains that export operations must not be carried out while accreditation of a property is suspended. Section 100 of the Act makes it an offence and the contravention of a civil penalty provision to carry out export operations in relation to which the accreditation was suspended, if the manager of an accredited property was given notice of suspension in relation to the accreditation of the property under subsections 92(5) or 96(1) of the Act.
The sixth and seventh notes following section 2-4 explain that the occupier of a registered establishment or the holder of an approved arrangement may commit an offence or be liable for a civil penalty if export operations are carried out while their registration or arrangement (as relevant) is suspended (sections 136 and 177 of the Act).
The eight note following section 2-4 clarifies that while an export permit which is suspended under subsection 231(1) of the Act remains in force, it does not authorise the export of goods for which it was issued (subsection 232(2) of the Act).
Part 2—Exemptions
Part 2 of Chapter 2 of the Meat Rules sets out matters relating to exemptions from one or more provisions in the Act in relation to prescribed meat or meat products.
Under Part 2 of Chapter 2 of the Act, an exemption from one or more requirements of the Act (including prescribed export conditions) may be granted following an individual application in certain circumstances, rather than in relation to all meat or meat products of a particular kind or exported to a particular country. This is to enable a reduced level of regulatory oversight in circumstances where there is minimal risk to food safety and human and animal health while ensuring importing country requirements are met.
2-5 Application of this Part
Section 2-5 provides that Part 2 of Chapter 2 of the Meat Rules applies only in relation to prescribed meat or meat products, which are called relevant goods in this Part.
The first note following section 2-5 draws the reader’s attention to Division 1 of Part 1 of Chapter 2 of the Meat Rules, which sets out what goods are prescribed meat or meat products.
The second note following section 2-5 alerts the reader that, under section 2-2, meat and meat products are taken not to be prescribed goods (see section 12 of the Act) in the specified circumstances.
2-6 Period for making application for exemption
Subparagraph 53(3)(f)(i) of the Act allows the rules to prescribe the period within which an application for an exemption from one or more provisions of the Act may be made.
Section 2-6 is made for the purposes of subparagraph 53(3)(f)(i) of the Act and prescribes the timeframe in which an application for exemption from one or more provisions in the Act must be made in relation to relevant goods. This period is 120 days ending on the day that is 10 business days before the proposed date of export of the relevant goods (if operations to prepare the relevant goods for export have started), or before the proposed date to start carrying out those operations (in any other case). The timeframe is to ensure the Secretary has a reasonable amount of time to assess applications for exemption prior to the export of the prescribed goods.
The first note following section 2-6 refers the reader to subparagraph 53(3)(f)(ii) of the Act, which allows the Secretary to allow a different period in which the application may be made in an individual case.
The second note following section 2-6 explains that an application for an exemption must comply with the requirements in subsection 53(3) of the Act.
2-7 Conditions of exemption—matters to which Secretary must have regard
Section 55 of the Act allows the Secretary to impose conditions on an exemption. When deciding whether to impose a condition on an exemption, the Secretary is required to have regard to the matters prescribed by the rules (subsection 55(2)).
Section 2-7 is made for the purposes of subsection 55(2) of the Act and requires the Secretary, in deciding whether it is necessary to impose conditions on an exemption that relates to prescribed meat or meat products, to consider whether imposing the condition would ensure that one or more objects of the Act will be met in relation to the goods.
This requirement is intended to ensure that exemptions are approved in circumstances where the objectives of the Act are met and goods exported from Australian territory are of the highest standard, maintaining Australia’s reputation as a trading partner.
2-8 Period of effect of exemption
Paragraph 57(b) of the Act allows the rules to prescribe the period that an exemption remains in force unless it is revoked earlier.
Section 2-8 is made for the purposes of paragraph 57(b) of the Act and provides the period of effect of an exemption that relates to prescribed meat or meat products is 12 months starting on the day the exemption takes effect, or another period specified in the instrument of exemption. The Secretary will have the discretion to determine the appropriate period in the instrument of exemption. It may be appropriate that some exemptions remain in force for different periods. This will provide the necessary flexibility to deal with changing circumstances for regulating prescribed goods.
The note following section 2-8 explains that, under paragraph 57(a) of the Act, an exemption takes effect on the date specified in the instrument of exemption.
2-9 Variation of conditions of exemption—matters to which Secretary must have regard
Section 58 of the Act allows the Secretary to vary the conditions imposed on an exemption that is in force. When deciding whether it is necessary to vary a condition on an exemption, the Secretary is required to have regard to the matters prescribed by the rules (subsection 58(3)).
Section 2-9 is made for the purposes of subsection 58(3) of the Act and requires the Secretary, in deciding whether it is necessary to vary conditions on an exemption that relates to prescribed meat or meat products, to consider whether varying the condition would ensure that one or more objects of the Act will be met in relation to the goods.
This requirement is intended to ensure that exemptions are only approved in circumstances where the objectives of the Act are met and goods exported from Australian territory are of the highest standard, strengthening Australia’s reputation as a trading partner.
2-10 Revocation of exemption—matters to which Secretary must have regard
Section 59 of the Act allows the Secretary to revoke an exemption that is in force. In considering whether to revoke an exemption, the Secretary is required to have regard to the matters prescribed by the rules (subsection 59(2)).
Section 2-10 prescribes, for the purposes of subsection 59(2) of the Act, a matter to which the Secretary must have regard in considering whether to revoke an exemption. The Secretary must consider whether the conditions of the exemption have been or are being complied with.
Part 3—Government certificates
Part 3 of Chapter 2 of the Act provides for government certificates to be issued for goods that are to be exported or have been exported. Part 3 of Chapter 2 of the Meat Rules sets out specific requirements relating to the issue of government certificates for meat and meat products that are to be, or have been, exported.
A government certificate is an official document containing details about the product being exported. The purpose of the government certificate is to confirm to importing country authorities that the meat or meat products have met specified requirements. Government certificates may be issued electronically, providing an efficient means of facilitating trade.
2-11 When government certificate may be issued in relation to meat or meat products
Section 62 of the Act allows the rules to make provision for and in relation to the issue of government certificates in relation to goods that are to be, or that have been, exported.
Section 2-11 is made for the purposes of subsections 62(1) and (2) of the Act and sets out when government certificates may be issued for meat or meat products that will be, or have been, exported. A certificate can be issued for any meat or meat products, whether they are prescribed or non‑prescribed goods, so long as the goods are intended for export or have been exported.
2-12 Halal certificates
Section 2-12 is made for the purposes of subsections 62(1) and (2) of the Act, and provides that a Halal certificate may be issued for Halal meat that is to be exported to a country if a certificate is required by the relevant importing country authority or the exporter of the Halal meat requires a certificate.
Halal meat is defined in section 1-5 of the Meat Rules as prescribed meat derived from animals that have been slaughtered in accordance with Islamic rites, or meat products containing only prescribed meat derived from such animals.
The note following section 2-12 refers the reader to section 1-5 for the definition of a Halal certificate. A Halal certificate is a government certificate that is jointly issued by an Islamic organisation and the Secretary and certifies the meat or meat products are Halal meat and have maintained their integrity as Halal meat.
2-13 Issuing bodies for Halal certificates
Section 63 of the Act allows the rules to prescribe a person or body to be the issuing body for a government certificate in relation to a kind of goods for export. If no person or body is prescribed by the rules in relation to goods of that kind, then the Secretary is the issuing body.
Subsection 2-13(1) prescribes, for the purposes of section 63 of the Act, that a relevant Islamic organisation and the Secretary are jointly an issuing body for a Halal certificate.
Subsection 2-13(2) details when an Islamic organisation is a relevant Islamic organisation for the issue of Halal certificates. This is where:
· the organisation is the holder of an approved arrangement for Halal meat certification operations; and
· an approved arrangement for operation to prepare Halal meat for export at a registered establishment provides that the organisation may issue a Halal certificate in relation to Halal meat prepared for export at the establishment.
2-14 Declaration to accompany application for government certificate
Section 65 of the Act sets out the requirements for an application for a government certificate in relation to a kind of goods that are to be, or that have been, exported. Paragraph 65(2)(d) of the Act allows the rules to specify documents that must accompany an application for a government certificate.
Subsection 2-14(1) is made for the purposes of paragraph 65(2)(d) of the Act and provides that, where a government certificate in relation to meat or meat products is required to meet importing country requirements, the application for the government certificate must include a declaration by the applicant stating that the importing country requirements relating to the meat or meat products have been, or will be, met before the meat or meat products are imported into the importing country.
The first note following subsection 2-14(1) refers the reader to the Electronic Transactions Act 1999 for requirements for electronic communications (including declarations).
The second note following subsection 2-14(1) refers the reader to section 11-4 of the Meat Rules, which requires a government certificate to be retained in a secure place when it is not being used, unless it was issued by electronic means.
Subsections 2-14(2) and (3) have the combined effect that the declaration must:
· be in a form approved by the Secretary;
· not be made if there are no reasonable grounds for making it;
· not be false or misleading; and
· be signed and dated by the person making the declaration.
This ensures the declaration contains relevant information to enable the issuing body to make an informed decision on issuing the government certificate.
The note following subsection 2-14(3) alerts the reader that a person may commit an offence or be liable to a civil penalty if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code Act 1995 and sections 368 and 369 of the Act).
2-15 Circumstances for refusing to issue government certificate
Section 67 of the Act requires the issuing body, on receiving an application for a government certificate in relation to a kind of goods, to decide to either issue the certificate or refuse to issue the certificate. The issuing body may refuse to issue the certificate if one or more of the grounds in subsection 67(3) are met. Paragraph 67(3)(g) allows the rules to prescribe additional grounds to refuse to issue a government certificate.
Subsection 2-15(1) sets out, for the purposes of paragraph 67(3)(g) of the Act, additional circumstances for an issuing body to refuse to issue a government certificate in relation to all meat or meat products. These additional provisions are necessary to protect Australia’s trade reputation and ensure Australia complies with international obligations and sanitary matters relating to food safety, animal health or human health. The circumstances for refusing to issue a certificate include:
· if a condition or disease that is present in Australian territory is likely to affect whether the importing country will accept the meat or meat products to the importing country;
· if the export of the meat or meat products could adversely affect trade; or
· if the applicant fails to return a government certificate as required, retain a government certificate in a secure place, or failed to provide facilities and assistance to an auditor as required by section 271 of the Act.
Subsection 2-15(2) sets out, for the purposes of paragraph 67(3)(g) of the Act, circumstances in addition to subsection 2-15(1) where an issuing body may refuse to issue a government certificate in relation to prescribed meat or meat products. The additional circumstances include where:
· a prescribed export condition that applies in relation to the meat or meat products has not been complied with;
· an applicant has failed to comply with a direction under subsection 305(1) of the Act (dealing with non-compliance with the Act);
· an export permit is not in force for the meat or meat products; or
· the relevant importing country authority has not specified in writing that it will accept meat or meat products of that kind that have been prepared for export under a State or Territory inspection and audit arrangement.
The purpose of this subsection is to ensure a government certificate may be refused if there has not been compliance with the regulatory controls in the Act for prescribed goods.
The note following subsection 2-15(2) explains that paragraphs 67(3)(a) to (f) of the Act set out other grounds for refusal of a government certificate.
2-16 Changes that require holder of certificate to give additional or corrected information to the issuing body
Subsection 74(2) of the Act requires the holder of a government certificate to provide certain additional or corrected information to the issuing body if the holder becomes aware that information included in their application (or other document provided to the issuing body) was incorrect or incomplete (paragraph 74(1)(a)), or if a change prescribed by the rules occurs (paragraph 74(1)(b)).
Section 2-16 is made for the purposes of paragraph 74(1)(b) of the Act and has the effect that the holder of the government certificate must provide the issuing body with relevant additional or corrected information in certain circumstances. These include where there are reasonable grounds to suspect that:
· the integrity of the meat or meat products cannot be ensured; or
· an importing country requirement relating to the meat or meat products will not be, or is not likely to be, met before the meat or meat products are imported into the importing country; or
· for prescribed meat or meat products only – a prescribed export condition relating to the prescribed meat or meat products has not been complied with in circumstances where the condition should have been complied with.
The purpose of this provision is to place an obligation on the holder of the government certificate to monitor the goods (to the extent it is reasonable to do so) to ensure the government certificate continues to accurately reflect the circumstances for the issue of the certificate, and to inform the issuing body when the relevant circumstances change. This will allow the issuing body to consider whether one or more of the grounds to revoke the government certificate (under section 75 of the Act) are met in light of the changed circumstances, and ensures government certificates are only provided where the goods are supplied in compliance with the Act and the Meat Rules, enhancing Australia’s reputation as a reliable trading partner.
2-17 Return of government certificate
Subsection 76(1) of the Act allows the rules to require a person who is in possession of a government certificate that was issued to the person to return the certificate to the issuing body in the circumstances, and timeframe, required by the rules.
Subsection 2-17(1) is made for the purposes of paragraph 76(1)(a) of the Act and requires a government certificate to be returned to an issuing body if the meat or meat products are no longer intended for export to the country for which the government certificate was issued, or where the certificate has been revoked under section 75 of the Act. The purpose of this requirement is to ensure that government certificates are not misused by placing an obligation on the holder to return the certificate where the meat or meat products are no longer intended for export or the certificate has been revoked.
Subsection 2-17(2) is made for the purposes of paragraph 76(1)(b) of the Act and provides that a government certificate must be returned within 10 business days starting on the day the circumstance listed in subsection 2-17(1) of the Meat Rules occurs. Ten business days is a reasonable timeframe for the holder to return the certificate to the issuing body but is short enough to mitigate against the risk that the certificate would be misused.
Subsection 2-17(3) provides that the requirement in section 2-17 to return the government certificate does not apply to a government certificate that was issued electronically, as there will not necessarily be a physical certificate to return.
Failure to comply with the requirement to return a government certificate in the circumstances set out in section 2-17 will be a contravention of a civil penalty provision (subsection 76(2) of the Act).
CHAPTER 3—ACCREDITED PROPERTIES
Part 1—Introduction
Chapter 3 sets out matters relating to accredited properties. Accredited properties are farms, feedlots or saleyards that are required to be accredited under the Act to produce or prepare goods for export for recognition by an importing country authority. The Secretary may, on application by the manager of a property, accredit the property for export operations in relation to prescribed goods. The accreditation of a property is subject to certain conditions.
3-1 Application of this Chapter
Section 3-1 provides that Chapter 3 of the Meat Rules applies in relation to the accreditation of a property that is a farm, a feedlot or a saleyard for a kind of export operations in relation to prescribed meat or meat products.
3-2 When an animal is taken to have been treated with an HGP
Section 3-2 details when an animal is taken to have been treated with a hormonal growth promotant (HGP), for the purposes of the Meat Rules. It is important to identify when an animal is treated with an HGP as there are HGP free requirements for meat and meat products, and the animals from which they are derived, where the products are for export to a member state of the European Union (EU).
An animal is taken to have been treated with an HGP if:
· the animal or its carcase is identified as having been treated with an HGP by the application of a triangular ear punch;
· a marker indicative of treatment with an HGP is found during inspection or other handling of the animal or its carcase; or
· residue of an HGP above physiologically normal levels is detected in the animal or its carcase during residue testing.
The note following section 3-2 provides examples of other handling of the animal or its carcase would include dressing or processing the animal or its carcase.
Part 2—Requirements for accreditation etc.
Division 1—Requirements for accreditation
3-3 Purpose of this Division
Section 79 of the Act provides that, on receiving an application under section 78 of the Act to accredit a property, the Secretary must decide whether to accredit a property, or to refuse to accredit the property. In addition to the requirements set out in paragraph 79(2)(a) of the Act, paragraph 79(2)(b) of the Act allows the rules to prescribe other requirements which the Secretary must be satisfied are being met, before a property is accredited, having regard to any matter the Secretary considers relevant.
Section 3-3 provides, for the purposes of paragraph 79(2)(b) of the Act, that Division 1 of Part 2 of Chapter 3 of the Meat Rules prescribes requirements that must be met for a property to be accredited for European Union (EU) export meat production operations.
The note following section 3-3 explains that the requirements for accreditation also apply in relation to a renewal of accreditation of the property (see paragraph 84(2)(a) of the Act). Section 2-4 of the Meat Rules also provides that meat or meat products derived from bovine animals, which are for export to the EU as food, must come from animals sourced from accredited properties.
3-4 Requirements for farms
Section 3-4 sets out the specific requirements for farms to be accredited for EU export meat production operations. The farm must have a property identification code, none of the bovine animals on the farm have been or will be treated with an HGP and there are no HGPs on the farm.
The first note following section 3-4 refers the reader to the definition of property identification code in section 1-5 of the Meat Rules, which is defined as the identification code allocated to a property by State or Territory bodies responsible for stock identification. These requirements ensure accredited farms for EU export meat production operations meet EU requirements and allows full traceability of animals through the export supply chain.
The second note following section 3-4 refers the reader to section 3-2 of the Meat Rules for when an animal is taken to have been treated with an HGP.
3-5 Requirements for feedlots
Subsection 3-5(1) sets out the requirements for a feedlot to be accredited for EU export meat production operations. The feedlot must have a property identification code, none of the bovine animals held in the feedlot that are to be slaughtered to derive EU export meat have been or will be treated with an HGP and there is a management system in place for the EU export meat production operations for which the feedlot is to be accredited.
Subsection 3-5(2) sets out the requirements for the management system that is referred to in subsection 3-5(1). The management system must:
· ensure that all bovine animals held in the feedlot can be traced and identified; and
· ensure all bovine animals in the feedlot to be slaughtered for EU export meat are kept separate from other animals held in the feedlot at all times; and
· ensure each bovine animal transferred to the feedlot that is to be slaughtered for EU export meat has an identification tag attached, is accompanied by an original EU vendor declaration, and can be traced to the accredited property from where the animal was transferred; and
· set out the manner in which the conditions of accreditation of the feedlot for export operations in relation to prescribed meat or meat products will be met.
The first note following section 3-5 refers the reader to section 1-5 of the Meat Rules for the definition of animal identification tag. An animal identification tag means a device for permanently identifying a single animal. For example, electronic ear tags for cattle.
The second note following section 3-5 refers the reader to section 1-5 of the Meat Rules for the definition of EU vendor declaration. An EU vendor declaration form may be in any form that is approved by the Secretary.
The third note following section 3-5 notifies the reader that it is a condition of accreditation that the management system be implemented. This condition is addressed at section 3-18 of the Meat Rules.
3-6 Requirements for saleyards
Subsection 3-6(1) sets out the requirements for a saleyard to be accredited for EU export meat production operations. The saleyard must have a property identification code and a saleyard ID, none of the bovine animals held in the saleyard that are to be slaughtered to derive EU export meat have been or will be treated with an HGP and there is a management system in place for the EU export meat production operations for which the saleyard is to be accredited.
A saleyard ID is defined in section 1-5 of the Meat Rules as the identification number allocated to a saleyard by the body responsible for stock identification in the State or Territory where the saleyard is located.
Subsection 3-6(2) sets out the requirements for the management system that is referred to in subsection 3-6(1). The management system requirements ensure bovine animals can be identified and traced to ensure they meet importing requirements of the EU. The management system must ensure that:
· all bovine animals in the saleyard that are to be slaughtered for EU export meat are kept separate at all times from all other animals at the saleyard;
· each bovine animal transferred to the saleyard that is to be slaughtered for EU export meat has an animal identification tag attached, is accompanied by an original EU vendor declaration for the animal, and the animal (except if the animal is a bobby calf) can be traced to the accredited property from where it was transferred (if the animal is a bobby calf, that the animal can be traced to the property from where the animal was transferred).
A bobby calf is defined in section 1-5 of the Meat Rules as a bovine animal that is less than 30 days old and weighs less than 80 kilograms live weight.
The management system must also ensure that the details of how the conditions of accreditation have been, and continue to be met, are recorded; that compliance with the Meat Rules by users of the saleyard is monitored; and that the manner in which the conditions of accreditation of the saleyard will be met, are set out.
The first note following section 3-6 refers the reader to section 1-5 of the Meat Rules for the definition of EU vendor declaration and clarifies that an EU vendor declaration form may be in any form that is approved by the Secretary.
The second note following section 3-6 notifies the reader that it is a condition of accreditation that the management system be implemented. This condition is addressed at section 3-24 of the Meat Rules.
Division 2—Other matters relating to accreditation
3-7 Other information to be stated in notice of decision to accredit property
Section 81 of the Act sets out information which the Secretary must include in the written notice given to the applicant if the Secretary decides to accredit a property. Paragraph 81(i) allows the rules to prescribe any other information to be included in the written notice.
Section 3-7 prescribes, for the purposes of paragraph 81(i) of the Act, additional information (other than that required by section 81 of the Act), which must be stated in a notice of a decision to accredit a property. The notice must contain: the property identification code and the name of each person (other than the manager of the accredited property) who may sign an EU vendor declaration in relation to bovine animals transferred from the property.
The purpose of this requirement is to link an accredited property’s identification code with the accreditation. This enhances the traceability of meat and meat products and ensures compliance with the importing requirements of the EU.
3-8 Period of effect of accreditation of farm
Section 82 of the Act deals with the period of effect of accreditation. Subsection 82(5) allows the rules to prescribe the period during which the accreditation of a property remains in force.
Subsection 3-8(1) prescribes, for the purposes of subsection 82(5) of the Act, the period the accreditation of a farm for EU export meat production operations remains in force is 12 months starting on the day the accreditation takes effect.
The first note following subsection 3-8(1) explains that the Secretary must give written notice of the date the accreditation takes effect.
The second note following subsection 3-8(1) explains that the last day of the 12 month period is the expiry date for the accreditation unless an expiry date set under subsection 79(4) or 84(3) or paragraph 90(1)(c) or (d) of the Act is in force. The accreditation of a farm remains in force until the end of the expiry date unless it is renewed or revoked before that date.
Subsection 3-8(2) provides that subsection 3-8(1) does not apply in relation to the renewed accreditation of a farm for EU export meat production operations.
The note following subsection 3-8(2) explains that the Secretary may set an expiry date for the renewed accreditation of a property. If there is no expiry date for the renewed accreditation, the accreditation remains in force unless it is revoked.
Part 3—Conditions of accreditation
Division 1—Conditions for accredited farms
3-9 Purpose of this Division
Section 80 of the Act deals with conditions of accreditation. In addition to the conditions set out in paragraphs 80(1)(a) and (c), paragraph 80(1)(b) allows the rules to prescribe conditions to which accreditation of the property is subject to, other than any of those conditions that the Secretary decides are not to be conditions of the accreditation.
Section 3-9 provides that, for the purposes of paragraph 80(1)(b) of the Act, Division 1 of Part 3 of Chapter 3 of the Meat Rules prescribes conditions of the accreditation of a farm for European Union (EU) export meat production operations.
The first note following section 3-9 explains that these conditions also apply in relation to the renewed accreditation of the farm (see section 3-27 of the Meat Rules).
The second note following section 3-9 alerts the reader that the manager may commit an offence or be liable to a civil penalty if a condition of the accreditation of the property is contravened (see section 106 of the Act).
3-10 Requirements for accreditation continue to be met
Section 3-10 provides that the requirements for accreditation of a farm under section 3-4 of the Meat Rules must continue to be met after the farm is accredited. This is to ensure farms continue to meet the requirements for accreditation and EU export.
3-11 Identification and traceability
Section 3-11 sets out how and when bovine animals on an accredited farm are to be identified. The conditions ensure that bovine animals can be identified and traced to ensure they meet the importing requirements of the EU.
Subsection 3-11(1) provides for when an animal identification tag must be attached to each bovine animal (other than a mature ineligible breeding bull) held on an accredited farm on or after the accreditation date. The animal identification tag must be attached by the earliest of the following:
· the day the animal is weaned (if the animal was not weaned before the accreditation date);
· the day the animal is transferred to another accredited property or EU-listed establishment; or
· the day after the end of the 12 months starting on the accreditation date.
Subsection 3-11(2) provides for how bovine animals admitted to an accredited farm must be traced and identified. For bovine animals that are not mature ineligible breeding bulls, an animal identification tag must be attached before that animal is admitted to the farm, and for an animal that is a mature ineligible breeding bull, that animal must be identified by another method approved by the State or Territory body responsible for stock identification. Bovine animals admitted to an accredited farm must be traceable to the property the animal came from, and if the animal is to be slaughtered to derive EU export meat, the animal must be accompanied by an original EU vendor declaration for the animal.
The note following subsection 3-11(2) refers the reader to section 1-5 for the definition of EU vendor declaration and explains that the EU vendor declaration may be in any form approved by the Secretary.
Subsection 3-11(3) provides that each bovine animal that is to be slaughtered to derive EU export meat and is transferred to an accredited farm must have an animal identification tag attached to it to enable identification of each property where the animal has been to.
3-12 Bovine animals must not be treated with an HGP
Section 3-13 prohibits bovine animals held on an accredited farm from being treated with an hormonal growth promotant (HGP). This is to ensure compliance with the importing requirements of the EU.
3-13 Integrity
Section 3-13 provides the conditions of accreditation relating to the transfer of animals to and from accredited properties. The purpose of these requirements is to ensure all meat or meat products for export to the EU comes from bovine animals that have not been treated with HGP and that can be identified and traced.
Subsection 3-13(1) provides that a bovine animal that is not an ineligible breeding bull or ineligible breeding female, must not be transferred to an accredited farm from a property that is not an accredited property at the time of the proposed transfer. Subsection 3-13(2) provides that unless the Secretary has approved the transfer, ineligible breeding bulls and ineligible breeding females must not be transferred to an accredited farm from a property that is not an accredited property.
The first note following subsection 3-13(2) explains that the Secretary may approve a single form for an application for approval to transfer ineligible breeding bulls or ineligible breeding females to an accredited farm from a property that is not accredited, and for an application for accreditation of the farm.
The second note under subsection 3-13(2) explains that ineligible breeding bulls and ineligible breeding females can be transferred between accredited properties without approval of the Secretary.
Subsection 3-13(3) provides that an original EU vendor declaration for each animal must be given to the consignee if a consignment of bovine animals to be slaughtered to derive EU export meat is transferred from an accredited farm to another accredited property or to an EU-listed establishment, and all animals in the consignment meet the requirements for export to an EU member state as food.
The note following subsection 3-13(3) refers the reader to section 1-5 of the Meat Rules for the definition of EU vendor declaration and explains that the EU vendor declaration may be in any form approved by the Secretary.
Subsection 3-13(4) provides that an EU vendor declaration must not be given for an animal to the consignee unless all animals in a consignment meet the requirements for export to a member state of the EU as food.
3-14 Records
Section 3-14 requires the manager of an accredited farm to make records in relation to bovine animals, animal identification tags and matters that demonstrate compliance with the conditions of accreditation. This includes records of:
· all admissions, transfers, transactions and movements (including births, deaths, sales and losses) of bovine animals;
· the number of animal identification tags purchased for use on the farm;
· if any animal identification tags were lost or stolen, the details of the loss or theft, including the number of tags lost or stolen, when the loss or theft occurred, and the kind of tags lost or stolen; and
· any other matter necessary to demonstrate that conditions prescribed by Division 1 of Part 3 of Chapter 3 of the Meat Rules have been, and are being, complied with.
The note following section 3-14 refers the reader to section 11-7 of the Meat Rules which requires the manager of the accredited farm to retain each record for at least 2 years.
This ensures there are records available to verify compliance with the identification, traceability and integrity conditions of accreditation of the property.
Division 2—Conditions for accredited feedlots
3-15 Purpose of this Division
Section 80 of the Act deals with conditions that apply to accreditation. In addition to the conditions set out in paragraphs 80(1)(a) and (c), paragraph 80(1)(b) allows the rules to prescribe conditions to which accreditation of the property is subject to, other than any of those conditions that the Secretary decides are not to be conditions of the accreditation.
Section 3-15 provides that, for the purposes of paragraph 80(1)(b) of the Act, Division 2 of Part 3 of Chapter 3 of the Meat Rules prescribes conditions of the accreditation of a feedlot for European Union (EU) export meat production operations.
The first note following section 3-15 explains that these conditions also apply in relation to the renewed accreditation of the feedlot (see section 3-27).
The second note following section 3-15 alerts the reader that the manager of an accredited property may commit an offence or be liable to a civil penalty if a condition of the accreditation of the property is contravened (see section 106 of the Act).
3-16 Requirements for accreditation continue to be met
Section 3-16 provides that the requirements for accreditation of a feedlot under section 3‑5 must continue to be met after the feedlot has been accredited. This is to ensure feedlots continue to meet the requirements for accreditation for EU export meat production operations.
3-17 Identification, traceability and integrity
Section 3-17 sets out the conditions of accreditation for feedlots relating to identification, traceability and integrity. Subsection 3-11(1) prohibits bovine animals that are to be slaughtered to derive EU export meat from being transferred to an accredited feedlot from a property that is not an accredited property at the time of the proposed transfer.
Subsection 3-17(2) requires the National Livestock Identification System Database to be updated if the animals are to be slaughtered to derive EU export meat and are sold before slaughter. The update must be made on the day of the sale and must record the new owner of the animals.
The note following subsection 3-17(2) explains that the National Livestock Identification System Database could in 2021 be viewed at the National Livestock Identification System website (https://nlis.com.au).
Subsection 3-17(3) prohibits animals that are to be slaughtered for EU export meat from having been treated, or being treated, with an HGP. These conditions enable bovine animals to be identified and traced to certify they meet the importing requirements for EU export meat production operations.
Subsection 3-17(4) provides that an original EU vendor declaration must be given to the consignee for each bovine animal. The vendor declaration is needed where:
· a consignment of bovine animals is to be slaughtered for EU export meat is transferred from an accredited feedlot to another accredited property or to an EU-listed establishment; and
· no animals in the consignment have been treated with an HGP.
The note following subsection 3-17(4) refers the reader to section 1-5 of the Meat Rules for the definition of EU vendor declaration and explains that the EU vendor declaration may be in any form approved by the Secretary.
Subsection 3-17(5) provides that an EU vendor declaration must not be given to the consignee under subsection 3-17(4) if any animal in the consignment has been treated with an HGP.
The purpose is to ensure prescribed meat or meat products being exported for EU operations are able to be identified, traceable and are HGP free and ensures the integrity of the product. This is important to maintain Australia’s reputation as an exporter.
3-18 Feedlot management system must be implemented
Subsection 3-18(1) provides that the management system required by paragraph 3-5(1)(c) of the Meat Rules (requirements for feedlots to be accredited), including any variations of the system approved by the Secretary under subsection 87(2) of the Act, must be implemented.
Subsection 87(2) of the Act provides that, on receiving an application under subsection 87(1) for a variation of accreditation, or approval of alteration, of a property, the Secretary must decide to make the variation or give the approval, or refuse to make the variation or give the approval.
Subsection 3-18(2) provides the manager of an accredited feedlot must not implement a variation of the management system in relation to the EU export meat production operations unless:
· the manager has applied to the Secretary for a variation under subsection 87(1) of the Act to vary the management system; and
· the variation has been approved under subsection 87(2) of the Act; and
· the notice of the approval has been given to the manager under section 88 of the Act.
3-19 Records
Section 3-19 requires the manager of an accredited feedlot to make records in relation to bovine animals, animal identification tags and matters that record compliance with the conditions of accreditation. This includes records of:
· all admissions and transfers of bovine animals to and from the feedlot;
· the number of animal identification tags purchased for use in the feedlot;
· if any animal identification tags were lost or stolen, the details of the loss or theft, including the number of tags lost or stolen, when the loss or theft occurred, and the kind of tags lost or stolen; and
· any other matter necessary to demonstrate that conditions prescribed by Division 2 of Part 3 of Chapter 3 of the Meat Rules have been, and are being, complied with.
The note following section 3-19 refers the reader to section 11-7 of the Meat Rules which requires the manager of the accredited feedlot to retain each record for at least 2 years.
This ensures there are records available to verify compliance with the identification, traceability and integrity conditions of accreditation of the property.
Division 3—Conditions for accredited saleyards
3-20 Purpose of this Division
Section 80 of the Act deals with conditions of accreditation. In addition to the conditions set out in paragraphs 80(1)(a) and (c), paragraph 80(1)(b) allows the rules to prescribe conditions to which accreditation of the property is subject to, other than any of those conditions that the Secretary decides are not to be conditions of the accreditation.
Section 3-20 provides that, for the purposes of paragraph 80(1)(b) of the Act, Division 3 of Part 3 of Chapter 3 of the Meat Rules prescribes conditions of the accreditation of a saleyard for European Union (EU) export meat production operations.
The first note following section 3-20 explains that these conditions also apply in relation to the renewed accreditation of the saleyard.
The second note following section 3-20 alerts the reader that the manager of an accredited property may commit an offence or be liable to a civil penalty if a condition of the accreditation of the property is contravened (see section 106 of the Act).
3-21 Requirements for accreditation continue to be met
Section 3-21 provides that the requirements for accreditation of a saleyard under section 3-6 must continue to be met after the saleyard is accredited. This is to ensure saleyards continue to meet the requirements for accreditation for EU export meat production operations.
3-22 Identification and traceability
Section 3-22 sets out the conditions of accreditation for saleyards relating to identification, traceability and integrity. Subsection 3-22(1) requires the status of each bovine animal that is admitted to an accredited saleyard and that is to be slaughtered to derive EU export meat, as stated in the original EU vendor declaration for the animal, confirmed under the National Identification System (NLIS) database before the animal is offered for sale.
The NLIS is Australia’s system for the identification and traceability of cattle and reflects our commitment to biosecurity and food safety and provides a competitive advantage in a global market.
The note following subsection 3-22(1) explains that the National Livestock Identification System Database could in 2021 be viewed at the National Livestock Identification System website (https://nlis.com.au).
Subsection 3-22(2) provides that, if the animals are to be slaughtered to derive EU export meat and are sold at an accredited saleyard, the manager must:
· make a record of the sale; and
· ensure that the National Livestock Identification System Database is updated no later than the day the animal is transferred from the saleyard, to record the new owner of the animal.
These conditions ensure that bovine animals can be identified and traced to ensure they meet the importing requirements for EU export meat production operations.
The note following subsection 3-22(2) refers the reader to section 11-7 of the Meat Rules which requires the manager of the accredited saleyard to retain records for at least 2 years.
3-23 Bovine animals must not be treated with an HGP
Section 3-23 prohibits bovine animals that are to be slaughtered to derive EU export meat and are held at an accredited saleyard from being treated with a hormonal growth promotant (HGP). This is to ensure compliance with the importing requirements of the EU.
3-24 Saleyard management system must be implemented
Subsection 3-24(1) provides that the management system required by paragraph 3-6(1)(c) of the Meat Rules (requirements for saleyards to be accredited), including any variations of the system approved by the Secretary under subsection 87(2) of the Act, must be implemented.
Subsection 87(2) of the Act provides that, on receiving an application under section 87 for a variation of accreditation, or approval of alteration, of property, the Secretary must decide to make the variation or give the approval, or to refuse to make the variation or refuse to give the approval.
Subsection 3-24(2) provides the manager of an accredited saleyard must not implement a variation of the management system in relation to the EU export meat production operations unless:
· the manager has applied to the Secretary for a variation under subsection 87(1) of the Act to vary the management system; and
· the variation has been approved under subsection 87(2) of the Act;
· the notice of the approval has been given to the manager under section 88 of the Act.
3-25 Records
Section 3-25 requires the manager of an accredited saleyard to make records in relation to bovine animals, animal identification tags and matters that record compliance with the conditions of accreditation. This includes records of:
· all admissions of bovine animals to the saleyard;
· each bovine animal sold at the saleyard that is intended to be slaughtered to derive EU export meat;
· the number of animal identification tags purchased for use at the saleyard;
· if any animal identification tags were lost or stolen, the details of the loss or theft, including the number of tags lost or stolen, when the loss or theft occurred, and the kind of tags lost or stolen; and
· any other matter necessary to demonstrate that conditions prescribed by Division 3 of Part 3 of Chapter 3 of the Meat Rules have been, and are being, complied with.
The note following section 3-25 refers the reader to section 11-7 of the Meat Rules which requires the manager of the accredited saleyard to retain each record for at least 2 years.
This ensures there are records available to verify compliance with the identification, traceability and integrity conditions of accreditation.
Part 4—Renewal of accreditation
3-26 Period within which application to renew accreditation must be made
Section 83 of the Act deals with applications to renew the accreditation of a property. Subsection 83(4) provides that an application for renewal must be made within the period prescribed by the rules (paragraph 83(4)(a)), or a longer period allowed by the Secretary (paragraph 83(4)(b)).
Section 3-26 prescribes, for the purposes of paragraph 83(4)(a) of the Act, the period within which an application to renew the accreditation of an accredited property must be made. This period is 60 days starting on the day that is 180 days before the expiry date of the accreditation. In other words, the application must be made when the accreditation is between 180 days and 120 days from expiring. The period allows the Secretary sufficient time to consider the application and make a decision before the accreditation expires.
The first note following section 3-26 provides an example if the accreditation of a property expires on 8 July in a year (other than a leap year), an application for renewal can be made at any time between 9 January and 10 March in that year.
The second note following section 3-26 explains that under the Act, applications to renew accredited properties will only need to be made if there is an expiry date for the accreditation (see subsection 83(1) of the Act).
The third note following section 3-26 explains that the Secretary may decide not to renew the accreditation of the property if the requirements prescribed by Part 2 of Chapter 3 of the Meat Rules are not continuing to be met in relation to the property.
3-27 Conditions of renewed accreditation
Section 85 of the Act deals with conditions of a renewed accreditation of the property. In addition to the conditions set out at paragraphs 85(a) and (c) of the Act, paragraph 85(b) allows the rules to prescribe conditions to which the renewal of accreditation of the property is subject to, other than any of those conditions that the Secretary decides are not to be conditions of the accreditation. If the Secretary renews the accreditation of a property, the accreditation is subject to the conditions of the Act, conditions prescribed by the Rules and other conditions the Secretary considers appropriate.
Section 3-27 prescribes, for the purposes of paragraph 85(b) of the Act, the conditions prescribed by Division 1, 2 and 3 of Part 3 of Chapter 3 of the Meat Rules for the renewal of the accreditation of a farm, feedlot and saleyard respectively. For consistency, it is appropriate the conditions for renewing an accreditation are the same as those for initial accreditation.
Part 5—Variation of accreditation
3-28 Alteration of boundaries of property (other than because of increase in area)
Section 87 of the Act relates to applications by a manager of an accredited property for variation of accreditation or approval of alteration of property. Subparagraph 87(1)(b)(i) of the Act provides that the manager of an accredited property may apply to the Secretary for approval of a variation of the accreditation so that it covers an alteration of the property, being of a kind prescribed by the rules.
Subsection 3-28(1) provides that, for the purposes of subparagraph 87(1)(b)(i) of the Act, an alteration to the boundaries of a property (other than because of an increase in the area of the property) is prescribed. This means that manager of accredited properties may apply to the Secretary to approve a variation of the accreditation so that it covers an alteration of the boundaries of the property.
The note following subsection 3-28(1) refers the reader to section 3-29 of the Meat Rules for varying the accreditation of a property if the property area has increased.
Paragraph 87(3)(b) of the Act provides that the Secretary may make the variation, or give the approval, if the Secretary is satisfied, having regard to any matter that the Secretary considers relevant that if the variation were made or approval were given, that any other requirement prescribed by the rules would be met.
Subsection 3-28(2) is made for the purposes of paragraph 87(3)(b) of the Act and provides that the Secretary may make or approve a variation of accreditation resulting from alteration of the boundaries of the property if satisfied:
· the State or Territory body responsible for stock identification has permitted the alteration of the boundaries of the accredited farm or feedlot associated with the property identification code for the farm or feedlot; or
· the State or Territory body responsible for property boundaries has approved the alteration of the boundaries of the accredited saleyard associated with the property identification code for the saleyard.
The purpose of subsection 3-28(2) is to ensure that State or Territory bodies have permitted or approved the alteration of the boundaries as these changes relate to the property identification code for that property. The property identification code is integral to identifying the property for traceability of meat or meat products.
3-29 Carrying out export operations on additional part of property or on another property
Section 87 of the Act relates to applications by a manager of an accredited property for variation of accreditation or approval of alteration of property. Subparagraph 87(1)(b)(ii) of the Act provides that the manager of an accredited property may apply to the Secretary to approve a variation of the accreditation so that it covers the carrying out of export operations on an additional part of the property, or on another property, in the circumstances prescribed by the rules.
Subsection 3-29(1) provides that, for the purposes of subparagraph 87(1)(b)(ii) of the Act, an increase in the property area is prescribed. This means that the manager of an accredited property may apply to the Secretary to approve a variation of the accreditation so that it covers an increase to the property area.
Paragraph 87(3)(b) of the Act provides that Secretary may make the variation, or give the approval, if the Secretary is satisfied that if the variation were made or approval were given, that any other requirement prescribed by the rules would be met.
Subsection 3-29(2) is made for the purposes of paragraph 87(3)(b) of the Act and provides the Secretary may make or approve a variation of accreditation resulting from alteration of the boundaries of the property if the Secretary is satisfied:
· the State or Territory body responsible for stock identification has approved the new boundaries of the accredited farm or feedlot associated with the property identification code for the farm or feedlot; or
· the State or Territory body responsible for property boundaries has approved the new boundaries of the accredited saleyard associated with the property identification code for the saleyard.
The purpose of subsection 3-29(2) is to ensure that State or Territory bodies have permitted or approved the new boundaries as these changes relate to the property identification code for that property. The property identification code is integral to identifying the property for traceability of meat or meat products.
Part 6—Revocation of accreditation
3-30 Other grounds for revocation
Subsection 102(1) of the Act provides the Secretary may revoke the accreditation of a property (including a property in relation to which a suspension is in effect). Paragraph 102(1)(h) allows the rules to prescribe additional grounds where the Secretary may revoke the accreditation of a property, in addition to other grounds listed in paragraphs 102(1)(a) to (g) of the Act.
Section 3-30 prescribes, for the purposes of paragraph 102(1)(h) of the Act, that an additional ground for the revocation of an accreditation of a property is where the manager of the property failed to provide facilities and assistance reasonably required by an external reviewer for the purpose of conducting a review of export operations. A review in this section is referring to an inspection of the accredited property by an officer from the European Commission to check whether the property is correctly implementing EU importing country requirements.
The note following section 3-30 explains to the reader that a review referred to in section 3‑30 is not an audit under Part 1 of Chapter 9 of the Act.
Part 7—Obligations of managers of accredited properties etc.
3-31 Circumstances of which Secretary must be notified
Under subsection 108(1) of the Act, the manager of an accredited property must notify the Secretary in writing as soon as practicable after an event or circumstance prescribed by the rules occurs.
Section 3-31 is made for the purposes of subsection 108(1) of the Act and provides that an additional circumstance where the manager of an accredited property must notify the Secretary in writing as soon as practicable, is when a person who is designated in the notice of accreditation as a person who may sign an EU vendor declaration for a bovine animal at an accredited property is no longer performing that function.
This is important for safeguarding the integrity of the prescribed meat or meat products derived from bovine animals that are intended for export to the EU.
3-32 Accredited properties that no longer have a manager or in relation to which manager has changed
Subsection 109(1) of the Act requires a manager who ceases to be the manager of a property (or a person who is legally authorised to act on behalf of the former manager) to notify the Secretary as soon as practicable after their cessation. Subsection 109(3) of the Act allows the rules to make provision for and in relation to the accreditation of a property that no longer has a manager or in relation to which there has been a change of manager.
Subsection 3-32(1) is made for the purposes of subsection 109(3) of the Act and provides that section 3-32 makes provision for and in relation to an accredited property that no longer has a manager or in relation to which there has been a change of manager.
Subsection 3-32(2) provides the accreditation of a property is suspended for a period of 60 days (the suspension period) starting on the day a former manager of the property ceased to be the manager unless the suspension is revoked under subsection 3-32(4) before the end of that period. A suspension of accreditation is considered necessary where the manager changes as this ensures the integrity of bovine animals at the accredited property.
Subsection 3-32(3) requires the person who has become the new manager to advise the Secretary in writing as soon as practicable after becoming the new manager.
Subsection 3-32(4) provides that the Secretary must revoke the suspension of the accreditation if the Secretary receives:
· a notice from the new manager under subsection 3-32(3) before the suspension period ends; and
· the Secretary is satisfied that the requirements under Part 2 of Chapter 3 of the Meat Rules for the property will continue to be met under the new manager; and
· there is no reason why the suspension should not be revoked.
Subsection 3-32(5) provides if the Secretary has not revoked the suspension of the accreditation under subsection 3-32(4) before the end of the suspension period:
· the Secretary is taken to have decided to revoke the accreditation of the property under Division 2 of Part 6 of Chapter 3 of the Act on the day after the end of that period; and
· subsection 102(2) of the Act (the Secretary must not revoke the accreditation of a property unless the Secretary has given written notice to the manager of the property) does not apply in relation to the revocation.
The note following subsection 3-32(5) explains that a decision to revoke the accreditation of a property is a reviewable decision under Part 2 of Chapter 11 of the Act (see section 381 of the Act).
Part 8—Matters relating to applications
3-33 Application of this Part
Section 3-33 provides that Part 8 of Chapter 3 of the Meat Rules applies in relation to applications made under the following:
· section 78 of the Act to accredit a property for a kind of export operations in relation to prescribed meat or meat products;
· section 83 of the Act to renew the accreditation of a property for a kind of export operations in relation to prescribed meat or meat products; and
· an application under section 87 of the Act to any of the following in relation to an accredited property for a kind of export operations in relation to prescribed meat or meat products:
o vary the accreditation or the particulars relating to the accreditation of the property;
o approve a variation of the accreditation of the property; or
o vary the conditions of the accreditation of the property.
3-34 Documents to accompany application
Section 377 of the Act provides for the requirements for applications. Paragraph 377(1)(d) of the Act provides that an application must be accompanied by any documents prescribed by the rules.
Subsection 3-34(1) is made for the purposes of paragraph 377(1)(d) of the Act and provides that an application relating to accreditation of a farm or feedlot must be accompanied by:
· a copy of a document showing the address of the farm or feedlot; and
· if the application relates to the accreditation for EU export meat production operations, a written undertaking by the manager of the farm or feedlot that the conditions prescribed by Division 1 or 2 of Part 3 of Chapter 3 of the Meat Rules (conditions for accredited farms or conditions for accredited feedlots respectively) will be complied with in relation to export operations in relation to prescribed meat or meat products carried out at the farm or feedlot.
This information enables the Secretary to identify the property and consider the application for accreditation of the farm or feedlot.
The first note following subsection 3-34(1) provides examples of documents showing the address of a property which could include a rates notice or a government property map.
The second note following subsection 3-34(1) notifies the reader that the Secretary may accept any document previously provided in connection with an application under the Act or a notice of intention to export a consignment of prescribed meat or meat products as satisfying the requirement to provide documents under subsection 377(1) of the Act.
This gives the Secretary the discretion to consider relevant information provided by applicants in relation to different types of applications.
Subsection 3-34(2) is made for the purposes of paragraph 377(1)(d) of the Act and provides that an application relating to accreditation of a saleyard for EU export meat production operations must be accompanied by a written undertaking by the manager that the conditions prescribed by Division 3 of Part 3 of Chapter 3 of the Meat Rules (conditions for accredited saleyards) will be complied with in relation to export operations carried out at the saleyard in relation to prescribed meat or meat products.
This information enables the Secretary to consider the application for accreditation for the saleyard.
3-35 Initial consideration period
Section 379 of the Act details the requirements dealing with applications made under the Act. Subsection 379(3) allows the rules to prescribe the period in which an application must be considered by the Secretary. If the Secretary does not make a decision on the application within the prescribed consideration period, the application is taken to have been refused.
Section 3-35 prescribes, for the purposes of subsection 379(3) of the Act, that the initial consideration period for an application for an accredited property is 120 days. The initial consideration period may be extended in accordance with subsection 379(5) of the Act. The period of 120 days is appropriate, having regard to the matters the Secretary must consider in granting or refusing an application. The period provides certainty for applicants on the maximum amount of time required for an application to be processed.
The note following section 3-35 explains that under subsection 379(4) of the Act, the initial consideration period for an application starts on the day after the day the Secretary receives the application.
3-36 Period within which request relating to application must be complied with
Subsection 379(9) of the Act allows the Secretary to make a number of requests in relation to a relevant application, including requesting additional information or requesting consent to enter premises. Paragraph 379(10)(b) allows the rules to prescribe a maximum period within which the request must be complied with.
Section 3-36 prescribes, for the purposes of paragraph 379(10)(b) of the Act, a period of 6 months within which a request from the Secretary in relation to an application to accredit a property must be complied with. The maximum period prescribed by this section is appropriate as it permits sufficient time to comply with matters provided in subsection 379(9) of the Act. This period provides certainty for industry.
CHAPTER 4—REGISTERED ESTABLISHMENTS
Chapter 4 sets out matters relating to registered establishments. The purpose of registering an establishment is to ensure that:
· the facilities and equipment available at the establishment are fit for the purpose of preparing, handling, storing or inspecting products for export;
· appropriate hygiene and the necessary measures to produce the goods according to trade descriptions and other requirements applicable to a given commodity are maintained; and
· the goods comply with importing country requirements.
The Secretary may, on application by the occupier of an establishment, register the establishment for export operations in relation to prescribed meat or meat products. The registration of the establishment is subject to certain conditions.
It is a prescribed export condition that operations to prepare prescribed meat or meat products for export must be carried out at an establishment registered for those operations in relation to meat or meat products (section 2-4 of the Meat Rules).
Part 1—Requirements for registration
4-1 Purpose of this Part
Subsection 112(1) of the Act provides that, on receiving an application under section 111 to register an establishment, the Secretary must decide to register the establishment, or to refuse to register the establishment. Subsection 112(2) sets out the requirements of which the Secretary must be satisfied before deciding to register an establishment, having regard to any matter the Secretary considers relevant. Paragraphs 112(2)(c) and (f) allow additional matters and requirements (respectively) to be prescribed by the rules.
Section 4-1 provides that Part 1 of Chapter 4 of the Meat Rules is made for the purposes of paragraphs 112(2)(c) and (f) of the Act and prescribes additional matters and requirements that must be met for an establishment to be registered for operations to prepare prescribed meat or meat products for export.
This means that the requirements prescribed in Part 1 of Chapter 4 (sections 4-1 to 4-9) of the Meat Rules are requirements that the Secretary must be satisfied of prior to registering an establishment for operations to prepare prescribed meat or meat products for export (for the purposes of paragraph 112(2)(f) of the Act) and matters that the Secretary must be satisfied of when deciding whether the construction of the establishment and its equipment and facilities are suitable for carrying out export operations to prepare prescribed meat or meat products for export (for the purposes of paragraph 112(2)(c) of the Act).
The first note following section 4-1 explains that the requirements under Part 1 of Chapter 4 of the Meat Rules also apply to an application to renew the registration of an establishment under section 4-17 of the Meat Rules.
The second note following section 4-1 explains that other requirements under subsection 112(2) of the Act and section 2-4 of the Meat Rules must also be met before the Secretary can register an establishment, including that an approved arrangement covering operations to prepare the meat or meat products for export must be in force.
4-2 Operations must be carried out in a way that will ensure requirements of the Act are complied with
Section 4-2 provides that operations at an establishment to prepare prescribed meat or meat products for export, must be carried out in a way that will ensure the requirements of the Act are complied with.
4-3 Requirements of Australian Meat Standard must be met
Subsection 4-3(1) provides that the requirements of the Australian Meat Standard, as modified by a provision of the Meat Rules must be met in relation to operations at an establishment to prepare prescribed meat or meat products for export.
The note following subsection 4-3(1) refers the reader to Division 2 of Part 2 of Chapter 1 of the Meat Rules for details of the modifications.
Subsection 4-3(2) details those provisions in the Australian Meat Standard which do not have to be met. These provisions are:
· clauses 3.1 to 3.10 (management and production practices);
· clause 10.12 (post-mortem dispositions for carcases and carcase parts);
· clause 16.7 (identification of packaged meat or meat products);
· section 18 (record keeping);
· section 22 (management of wholesomeness during transport);
· any other provision excepted under another provision of the Meat Rules.
These provisions in the Australian Meat Standard are not required to be met as the Meat Rule makes specific provision for these matters. For example, record-keeping requirements are contained in Part 5 of Chapter 11 of the Act and Chapter 11 of the Meat Rules.
4-4 Equipment, facilities and essential services
Section 4-4 details the equipment, facilities and essential services required by establishments to be registered for operations to prepare prescribed meat and meat products for export.
Subsection 4-4(1) requires an establishment to have the buildings, equipment, facilities and essential services necessary to ensure that operations to prepare prescribed meat or meat products for export can be carried out in accordance with the requirements of the Meat Rules. This subsection also requires establishments to have the necessary measuring devices, for example, temperature measuring devices, to assess compliance with the Meat Rules prior to registration. This ensures only those establishments that operate safely and hygienically are eligible for registration. These requirements must continue to be met once the establishment is registered (see section 4-11). It is important for businesses to continue to operate out of approved premises with appropriate facilities to ensure the health and safety of workers and wholesomeness of the export goods.
The note following subsection 4-4(1) provides further guidance on where to find information on Australian legal units of measurements and tolerances, drawing attention to section 13 of the National Measurement Act 1960.
Subsection 4-4(2) contains a specific requirement for an establishment to have toilet facilities. This requirement makes sure that suitable facilities are made available to ensure the health and welfare of employees within the registered establishment.
The note following subsection 4-4(2) alerts the reader to the requirement in subsections 4‑9(1) and (2) that if animals are to be slaughtered at the establishment or there is a permanent position for one or more Commonwealth authorised officers at the establishment, there must be a toilet room for the exclusive use of those authorised officers.
4-5 Areas where post-mortem inspections are carried out
Section 4-5 requires an establishment to have an area for post-mortem inspections of carcases or carcase parts to be carried out by authorised officers. This area must not be encroached by equipment or persons other than authorised officers or State or Territory meat safety inspectors carrying out inspections.
4-6 Meat examination facility
Section 4-6 details requirements for a meat examination facility for the purposes of registration of an establishment for operations to prepare prescribed meat or meat products for export.
Subsection 4-6(1) provides that the establishment must have a meat examination facility that is:
· within a refrigerated area;
· maintained at a temperature no warmer than 10 degrees Celsius during export operations;
· set up to ensure that authorised officers can perform functions unimpeded; and
· able to be secured (for example, by key or electronic means).
This guarantees satisfactory facilities for authorised officers to undertake their duties and the storage of prescribed meat or meat product in accordance with the Meat Rules.
Subsection 4-6(2) requires authorised officers who need to perform functions in the meat examination facility to be given sufficient access to the facility to enable them to perform their functions unimpeded, but provides that the facility need not be for their exclusive use.
4-7 Slaughter establishments must have laboratory facility
Section 4-7 requires establishments where animals are slaughtered to have a laboratory facility and details the specific requirements of that facility. Subsection 4-7(1) provides that an establishment where animals are slaughtered must have a laboratory facility that:
· in a separate room; and
· is suitably equipped; and
· has ready access to a telephone; and
· is set up to ensure authorised officers can perform their functions unimpeded; and
· is able to be secured (for example, by key or electronic means).
The specific requirement for a laboratory facility is to assist authorised officers conducting sampling or testing of meat products.
Subsection 4-7(2) requires authorised officers to be given sufficient access to the laboratory facility to enable them to perform their functions unimpeded, but provides that the facility need not be for their exclusive use.
4-8 Secure storage area
Section 4-8 requires an establishment where prescribed meat or meat products are loaded for export to have an area where all products required to be held under security can be securely stored. The secure storage area must:
· be separate from other parts of the establishment;
· able to be secured (for example, by key or electronic means); and
· be constructed and used in a way that does not jeopardise the security of, or affect the ability to ensure integrity of, prescribed meat or meat products held in the area.
This is to ensure the security and integrity of meat and meat products while they are held in storage prior to loading or when waiting for the next processing stage.
4-9 Amenities for Commonwealth authorised officers
Subsections 4-9(1) to (3) detail the amenities which must be provided at an establishment where animals are slaughtered or there is a permanent position for one or more Commonwealth authorised officers. The amenities that must be provided are:
· an office (which meets the requirements of subsection 4-9(3));
· a dining room;
· a change room;
· a shower room;
· a toilet room; and
· a rest room where amenities are provided for female authorised officers.
The required amenities must be kept separate from the amenities provided for employees (but may be in the same building), be suitable and suitably and conveniently located, and be for the exclusive use of Commonwealth authorised officers.
Subsection 4-9(3) requires the office to be equipped with a telephone, connection to a computer terminal, a lockable metal cabinet, as well as handwashing and drying facilities (if those facilities are not conveniently located nearby). The office must also be equipped with a desk, chair and locker for each Commonwealth authorised officer requiring the use of the office.
These subsections guarantee the availability of satisfactory facilities for officers who are authorised by the Commonwealth to carry out functions or duties at the establishment. It is appropriate for the minimum standards to be set out in the rules as the Commonwealth does not have any involvement in managing the building contracts or facilities. This ensures the safety and welfare of the authorised officers and assists prospective occupiers to know what to look for prior to securing an establishment.
Commonwealth authorised officers are accountable for a range of decision-making responsibilities under the Act. This includes decisions that affect the whole, or a substantial part of an establishment. The availability of exclusive facilities will support the health and safety of the authorised officers while they are carrying out their duties in or around the establishment. By creating a clear separation between the amenities used by authorised officers and the employees at the establishment, this minimises the potential risk of influence from employees or conflicts of interest on the performance of functions and exercise of powers by authorised officers.
Subsections 4-9(4) and (5) provide that any other establishment (i.e. where animals are not slaughtered or where there is no permanent position for Commonwealth authorised officers) must provide an appropriate office for the exclusive use of Commonwealth authorised officers to perform functions when they are at the establishment. This requirement guarantees appropriate working conditions are available for Commonwealth authorised officers to conduct their official functions.
Subsection 4-9(6) provides that, for the avoidance of doubt, section 4-9 applies in addition to sections 4-4 to 4-8 of the Meat Rules, which requires establishments to have specific facilities and equipment.
Part 2—Conditions of registration
4-10 Purpose of this Part
Section 113 of the Act sets out the conditions that apply to the registration of an establishment. This includes the conditions prescribed by the rules made for the purposes of paragraph 113(1)(b) (other than any of those conditions that the Secretary decides are not to be conditions of the registration).
Section 4-10 provides that Part 2 of Chapter 4 of the Meat Rules prescribes, for the purposes of paragraph 113(1)(b) of the Act, conditions for the registration of an establishment for operations to prepare prescribed meat or meat products for export.
The first note following section 4-10 explains that the conditions in Part 2 of Chapter 4 (sections 4-10 to 4-15 of the Meat Rules) also apply in relation to the registration of an establishment that has been renewed, as per paragraph 118(b) of the Act.
The second note following section 4-10 alerts the reader that the occupier of a registered establishment may commit an offence or be liable to a civil penalty for the contravention of conditions of registration for the establishment. Failure to comply with the provisions of this Part may result in contravention of section 144 of the Act.
4-11 Requirements for registration continue to be met
Section 4-11 provides that requirements for the registration of an establishment for operations to prepare prescribed meat or meat products for export prescribed by Part 1 of Chapter 4 of the Meat Rules must continue to be met after the establishment is registered.
This is to prevent registered establishments from meeting the requirements of Part 1 of Chapter 4 of the Meat Rules to gain registration and later altering their building facilities and amenities in a way that results in the requirements no longer being met. It is important for businesses to continue to operate with appropriate facilities to ensure the health and safety of workers and wholesomeness of the export goods.
The note following section 4-11 refers the reader to sections 4-2 to 4-8 (for requirements relating to establishments) and section 4-9 (for specific requirements relating to establishments where authorised officers perform functions).
4-12 Certificate of registration must be displayed
Section 4-12 requires a copy of the current certificate of registration for an establishment for operations to prepare prescribed meat or meat products for export to be prominently displayed at the establishment. This requirement can, for example, assist regulators when conducting an audit of the establishment.
4-13 Notice of certain matters must be given to persons who manage or control export operations at registered establishment
Subsection 4-13(1) provides that an occupier of a registered establishment for operations to prepare prescribed meat or meat products must give a written notice to each person who manages or controls export operations. The notice is to inform each person that:
· they have a duty to comply with section 374 of the Act (requiring a person to notify the Secretary of certain convictions or orders to pay a pecuniary penalty); and
· failure to comply may result in the person being liable for a civil penalty.
Subsection 4-13(2) details timeframes for giving the required written notice. The notice must be given to each person:
· as soon as practicable after the occupier receives the certificate of registration for the establishment; or
· as soon as practicable after the person starts to manage or control export operations (if that occurs after the occupier receives the certificate of registration).
These provisions ensure persons to which the obligations relate are aware of the requirements and consequences of non‑compliance. This provides assurance that each person who manages or controls export operations is aware of their obligations under the Act.
4-14 List of persons who manage or control export operations at registered establishment
Section 4-14 requires the occupier of a registered establishment for operations to prepare prescribed meat or meat products for export to keep and maintain a list of persons who manage or control, or who have managed and controlled, operations to prepare prescribed meat or meat products for export at the establishment.
This section facilitates audits of registered establishments to ensure that auditors are aware of those who manage, or control, operations at the establishment.
4-15 Meat inspection services
Section 4-15 sets out the obligations on the occupier of a registered establishment for operations to prepare prescribed meat or meat products for export that apply to meat inspection services allocations.
Subsection 4-15(1) provides that section 4-15 applies where an approved arrangement for operations to prepare prescribed meat or meat products for export at a registered establishment requires, or is subject to a condition that requires, an authorised officer to be present at the establishment while operations of that kind are being carried out.
Subsection 4-15(2) requires the occupier of the registered establishment to have a preliminary allocation of meat inspections services for the establishment before commencing operations to prepare prescribed meat or meat products for export.
This is the initial allocation of authorised officers to a registered establishment for the purposes of provision of meat inspection services which include inspecting prescribed meat and meat products, and other ancillary meat inspection services. This subsection:
· ensures the Secretary has sufficient time to allocate authorised officers to the registered establishment prior to the commencement of operations;
· does not delay the commencement of operations; and
· ensures that prescribed meat and meat products prepared at registered establishments are processed and assessed in compliance with the Act and the Meat Rules.
The note following subsection 4-15(2) refers the reader to Division 1 of Part 6 of Chapter 4 of the Meat Rules, which deals with applications for meat inspection services to be allocated to an establishment.
Subsection 4-15(3) applies if meat inspection services have been allocated to the registered establishment under Part 4 of Chapter 4 of the Meat Rules. The occupier of the establishment must, as soon as practicable, notify the Secretary in writing of any proposed changes to the construction of the establishment, or the operations that may be carried out at the establishment, that may affect the allocation of meat inspection services.
This ensures the Secretary is aware of information that may indicate it is appropriate for the Secretary to revise the allocation of meat inspection services to meet new operational requirements. This could result in an increase or decrease in the allocation of meat inspection services.
The note following subsection 4-15(3) explains that certain alterations of registered establishments must not be made without approval under the Act (see paragraph 120(1)(b) and section 122 of the Act).
Part 3—Renewal of registration
4-16 Period within which application to renew registration must be made
Section 116 of the Act deals with applications to renew the registration of an establishment. Subsection 116(4) provides that an application for renewal must be made within the period prescribed by the rules (paragraph 116(4)(a)), or a longer period allowed by the Secretary (paragraph 116(4)(b)).
Section 4-16 prescribes, for the purposes of paragraph 116(4)(a) of the Act, the timeframe in which an application to renew the registration of an establishment for operations to prepare prescribed meat or meat products for export must be made. This timeframe is 60 days starting on the day that is 180 days before the expiry date for the registration. In other words, the application must be submitted when the registration is between 180 days and 120 days from expiring. This period allows the Secretary sufficient time to consider the application before a decision is made.
The first note following section 4-16 gives an example that if the registration expires on 8 July in a year (other than a leap year), an application for renewal can be made at any time between 9 January and 10 March in that year.
The second note following section 4-16 explains that, under subsection 116(1) of the Act, an application for renewal of the registration of an establishment will only need to be made if there is an expiry date for the registration.
4-17 Requirements for renewal of registration
Subsection 117(1) of the Act provides that, on receiving an application under section 116 to renew the registration of an establishment, the Secretary must decide to renew the registration or to refuse to renew the registration. Subsection 117(2) sets out the requirements of which the Secretary must be satisfied before deciding to refuse to renew the registration, having regard to any matter the Secretary considers relevant. Paragraphs 117(2)(e) and (g) allow additional matters and requirements (respectively) to be prescribed by the rules.
Section 4-17 prescribes, for the purposes of paragraphs 117(2)(e) and (g) of the Act, additional requirements of which the Secretary must be satisfied before refusing renewal of the registration of an establishment for operations to prepare prescribed meat or meat products (in addition to the existing requirements in subsection 117(2) of the Act). The additional requirements are that the Secretary may refuse an application for renewal of registration of an establishment for operations to prepare prescribed meat or meat products if not satisfied the requirements set out in Part 1 of Chapter 4 of the Meat Rules (sections 4-1 to 4-9), which relate to the requirements for registered establishments for operations to prepare prescribed meat or meat products, have been met.
The requirements for renewing a registration are the same as those for registering an establishment. This ensures registered establishments continue to operate in the manner approved by the Secretary. This will prevent registered establishments from merely meeting the requirements at the initial application phase and later reverting to unsatisfactory practices.
The note following section 4-17 refers the reader to the additional requirements for renewal of registration of an establishment in paragraphs 117(2)(a) to (d) of the Act, and also notes that an approved arrangement covering operations to prepare the meat or meat products for export must also be in force (referring to paragraph 117(2)(f) of the Act and section 2-4 of the Meat Rules).
Part 4—Variation of registration
4-18 Alterations for which approval is not required
Subsection 122(1) of the Act provides that certain alterations of a registered establishment must not be made unless approved by the Secretary and notice has been given to the occupier. Subsection 122(2) of the Act allows the rules to prescribe alterations to a registered establishment that do not require approval.
Section 4-18 is made for the purposes of subsection 122(2) of the Act and prescribes alterations to a registered establishment that do not affect compliance with the conditions of registration as alterations that do not require approval.
Part 5—Matters relating to applications
4-19 Application of this Part
Section 4-19 provides that Part 5 of Chapter 4 of the Meat Rules applies in relation to applications made under the following:
· section 111 of the Act to register an establishment for operations to prepare prescribed meat or meat products for export;
· section 116 of the Act to renew the registration of an establishment for operations to prepare prescribed meat or meat products for export; and
· section 120 of the Act to do any of the following in relation to an establishment that is registered for operations to prepare prescribed meat or meat products for export:
o vary the registration, or the particulars relating to the registration of the establishment;
o approve an alteration of an establishment; or
o vary the conditions of the registration of an establishment.
4-20 Initial consideration period
Section 379 of the Act details the requirements dealing with applications made under the Act. Subsection 379(3) allows the rules to prescribe the period in which an application must be considered by the Secretary. If the Secretary does not make a decision on the application within the prescribed consideration period, the application is taken to have been refused.
Section 4-20 prescribes, for the purposes of subsection 379(3) of the Act, the initial consideration period for an application is 120 days. The period of 120 days is appropriate, having regard to the matters the Secretary must consider in granting or refusing an application. The initial consideration period may be extended in accordance with subsection 379(5) of the Act. The period provides certainty for applicants on the maximum amount of time required for an application to be processed.
The note following section 4-20 explains that under subsection 379(4) of the Act, the consideration period for an application starts on the day after the day the Secretary receives the application.
4-21 Period within which request relating to application must be complied with
Subsection 379(9) of the Act allows the Secretary to make a number of requests in relation to a relevant application, including requesting additional information or requesting consent to enter premises. Paragraph 379(10)(b) allows the rules to prescribe a maximum period within the request must be complied with.
Section 4-21 prescribes, for the purposes of paragraph 379(10)(b) of the Act, a period of 6 months within which a request from the Secretary in relation to an application to register an establishment must be complied with. The period prescribed by this section is appropriate as it permits sufficient time to comply with matters provided in subsection 379(9) of the Act. The period provides certainty for industry.
Part 6—Meat inspection services
Division 1—Allocation of meat inspection services
Division 1 of Part 6 of Chapter 4 of the Meat Rules relates to the allocation of suitably qualified authorised persons to provide services related to the inspection of prescribed meat and meat products for export.
4-22 Application for allocation of meat inspection services to establishment
Section 4-22 sets out when and how an application for preliminary allocation of meat inspection services can be made.
Subsection 4-22(1) provides that an occupier of an establishment carrying out operations to prepare prescribed meat or meat products for export may apply to the Secretary for a preliminary allocation of meat inspection services.
The first note following subsection 4-22(1) refers the reader to the condition of registration at section 4-15 of the Meat Rules, which provides the occupier must have a preliminary allocation of meat inspection services before commencing operations to prepare prescribed meat or meat products for export.
The second note following subsection 4-22(1) refers the reader to section 12 of the Act for the definitions of establishment and to section 1-5 of the Meat Rules for the definition of registered establishment.
Subsection 4-22(2) details specific requirements for making an application for allocation of meat inspection services to an establishment. The application must:
· be made in an approved manner (if a manner has been approved by the Secretary, in writing);
· contain any information and be accompanied by any documents required by an approved form (if a form has been approved by the Secretary);
· be made at least 90 days before the operations to prepare prescribed meat or meat products for export at the establishment are to commence;
· set out the details on the intended operations including months, weeks, days, and hours the operations are intended to be carried out, the number of chains, and the chain speeds for each type of animal from which prescribed meat or meat products are to be derived.
The note following subsection 4-22(2) provides examples of types of animals are cattle, bison or goats.
The timeframe for making an application ensures export operations are not delayed by allocation of inspection services. This section ensures applications for allocation of meat inspection services contain the information necessary for the Secretary to decide on the number of authorised officers required to ensure satisfactory assessment of prescribed meat or meat products for export. The details for the intended operations ensure the prescribed meat or meat products are moved through the registered establishment in a way which allows the approved meat inspectors to thoroughly inspect the product and assess compliance with the Act and the Meat Rules for export.
The authorised officer may under section 9-27 of the Meat Rules temporarily stop the chain of operations or control the rate of operations to ensure the wholesomeness of the prescribed meat or meat products or to perform any other functions necessary to achieve the objects of the Act.
Subsection 4-22(3) provides that an application is taken not to have been made if the application does not comply with the requirements under subsection 4-22(2) of the Meat Rules. This is to ensure all relevant information is included and allows a timely decision to be made by the Secretary.
4-23 Preliminary allocation
Section 4-23 sets out the matters the Secretary must consider in determining the preliminary allocation of meat inspections services for a registered establishment preparing meat or meat products for export.
The registered establishment must have a preliminary allocation of meat inspection services before commencing operations to prepare prescribed meat or meat products for export. Authorised officers provide independent control of prescribed meat or meat products to ensure compliance with the Act and the Meat Rules, and to allow market access for products exported from Australian territory.
Subsection 4-23(1) provides that the Secretary must, as soon as practicable after receiving an application under subsection 4-22(1) for meat inspection services to be allocated to the establishment, determine the preliminary allocation of meat inspection services, which may be zero. This ensures businesses have certainty around the allocation of authorised officers at the earliest point possible and will allow industry to determine the cost and pace at which it can manage its export operations in compliance with the Act and the Meat Rules.
Subsection 4-23(2) requires the Secretary to consider a number of matters in determining the allocation of meat inspection services to an establishment. This includes:
· the overall requirements of the industry;
· Australia’s international obligations;
· any staffing formula agreed to by the Department and the relevant union of authorised officers;
· the availability of authorised officers to carry out meat inspection services;
· the need to protect the health and safety of authorised officers while they are carrying out their duties in or around the establishment;
· the management practices at the establishment in relation to meat inspection services; and
· the construction and intended operations of the establishment.
Subsection 4-23(3) permits the Secretary to allocate meat inspection services on an annual, monthly, or weekly basis or any combination of these. This provides flexibility to ensure efficient use of authorised officers and may reduce costs for industry as charges may be reduced through appropriate allocation of authorised officers.
Subsection 4-23(4) provides that meat inspection services (excluding slaughter floor inspection services) may also be allocated on a daily or hourly basis. Subsection 4-23(4) does not limit the ability for the Secretary to allocate meat inspection services on the other bases provided in subsection 4-23(3). This provides flexibility and ensures the efficient use of authorised officers.
Slaughter floor inspection services are excluded from subsection 4-23(4) to reduce the financial burden on the industry and to allow appropriate allocation of time by authorised officers when carrying out their duties at the registered establishment. Slaughter floor inspection services do not need to be conducted on a daily or hourly basis as prescribed meat or meat products for export may not operate on a daily or hourly basis.
The note following subsection 4-23(4) refers the reader to the definition of slaughter floor meat inspection service in section 1-5 of the Meat Rules. Slaughter floor meat inspection service means a meat inspection service that provides an inspection of carcases or carcase parts on the slaughter floor of an abattoir.
4-24 Notice of preliminary allocation
Subsection 4-24(1) requires the Secretary to give written notice of the determination relating to the preliminary allocation of meat inspection services to the occupier of a registered establishment, as soon as practicable after making the determination under subsection 4-23. This requirement allows the occupier sufficient time to decide whether they wish to accept or seek review of the initial determination.
Subsection 4-24(2) provides that the notice given by the Secretary may also include advice to the occupier of the establishment on suggested ways the occupier could reduce the allocation of meat inspection services if the Secretary considers it appropriate. This will assist industry to reduce unnecessary costs associated with meat inspection services while maintaining sufficient oversight to ensure the health and safety of staff and the hygiene and wholesomeness of the meat. The occupier is provided with an opportunity to consider any advice that may have been included in the notice from the Secretary about ways in which the occupier could reduce the preliminary allocation of meat inspection services to the establishment and implement changes to reduce the costs associated with meat inspection services.
4-25 Procedure following notice of preliminary allocation
The purpose of the sections 4-25 to 4-27 is to detail the procedures that follow the Secretary’s notice to the occupier of a registered establishment of the preliminary or revised allocation of meat inspection services at the establishment.
Subsection 4-25(1) deals with the situation where the occupier of the establishment where operations to prepare prescribed meat or meat products for export are to be carried out accepts the preliminary allocation of meat inspection services determined by the Secretary under section 4‑23. In such circumstances, the occupier of the establishment and the Secretary must complete a memorandum of agreed intent in the form approved by the Secretary. If no memorandum is completed within 7 days after the occupier receives notice of the preliminary allocation, and there is no application for review or revised allocation, then the Secretary’s determination of the preliminary allocation is taken to be a memorandum of agreed intent between the Secretary and the occupier (subsection 4-25(2)).
Subsection 4-25(3) deals with the situation where the occupier of the establishment does not accept the preliminary allocation of meat inspection services to the establishment. In such circumstances, the occupier may apply to the Secretary for the establishment of a committee to review the determination. The application must be made by the occupier in writing within 7 days of receiving notice of the preliminary allocation.
The note following section 4-25 refers the reader to section 4-28 in relation to the establishment of a review committee.
4-26 Revised allocation
Section 4-26 applies where the notice of the preliminary allocation under section 4-24 contains advice on suggested ways the occupier could reduce the allocation of meat inspection services, the occupier implements some or all of the advice, and the implementation of the suggestions means the preliminary allocation of meat inspection services should be revised. In such circumstances, the Secretary must, as soon as practicable, determine a revised allocation, and give the occupier a written notice of the revised allocation.
4-27 Procedure following notice of revised allocation
Section 4-27 applies if the Secretary gives the occupier of an establishment notice of a revised allocation of meat inspection services under subsection 4-26. Section 4-27 has the effect that, on the occupier receiving written notice of the revised allocation, the same procedure applies as for the notice of the preliminary allocation.
Namely, the occupier can:
· accept the revised allocation and complete a memorandum of agreed intent with the Secretary, in the form approved by the Secretary; or
· apply to the Secretary, in writing, for the establishment of a committee to review the Secretary’s determination of the revised allocation within 7 days of the notice of the revised allocation.
If within 7 days of receiving the notice, a memorandum of agreed intent has not been completed, and no review has been sought by the occupier, the Secretary’s determination of the revised allocation will be taken to be a memorandum of agreed intent.
The purpose of section 4-27 is to provide requirements relating to circumstances in which the revised allocation is, or is not, accepted by the occupier. Where the occupier does not agree with the revised allocation, these provisions provide an appropriate mechanism for review of the decision.
The note following section 4-27 refers the reader to section 4-28 of the Meat Rules in relation to the establishment of a review committee.
4-28 Review of Secretary’s determination
Section 4-28 sets out the processes and considerations for the review of determinations on preliminary and revised allocations of meat inspections services for establishment where operations to prepare prescribed meat or meat products for export are to be carried out. Subsections 4‑25(3) and 4-27(4) allow the occupier of such an establishment to apply to the Secretary for the establishment of a committee to review the determination.
Subsection 4-28(1) provides that, where an occupier of an establishment makes application for review, the Secretary must establish a review committee, comprising of:
· the occupier or a representative of the occupier;
· a Departmental employee at the SES level;
· a meat industry representative nominated by the occupier; and
· if the allocation was not accepted by the occupier due to a staffing issue—a representative of each of the relevant union of authorised officers.
To avoid doubt, the occupier may nominate a representative of the occupier and a meat industry representative. The above composition of the committee ensures that its members have the relevant skills and experience to produce an informed recommendation to the Secretary.
Subsection 4-28(2) provides that the Secretary is required to convene the committee’s first meeting. While the Secretary convenes the first meeting, the Secretary is not required to form part of the review committee.
Subsections 4-28(3) and (4) provide requirements for the review process. The committee must review the application, any advice provided to the occupier under section 4-24, and the determination that the application relates to. The committee’s written recommendation on the appropriate allocation of meat inspection services to the establishment must be provided to the Secretary as soon as practicable and not later than 14 days after the first meeting. This period allows sufficient time for robust discussion among committee members.
4-29 Determination of new allocation
Subsection 4-29(1) provides that as soon as practicable upon receiving the recommendation from the review committee under subsection 4-28(4), the Secretary must determine a new allocation of meat inspection services to the establishment.
The note following subsection 4-29(1) explains that the Secretary’s determination of a new allocation of meat inspection services is a reviewable decision for the purposes of Part 2 of Chapter 11 of the Act, and that the notice required under subsection 4‑29(4) must include the reason for the decision.
Subsection 4-29(2) provides that in making a determination under subsection 4-29(1), the Secretary must take into account the review committee’s recommendation and the considerations that would be taken into account when making a determination of meat inspection services under subsection 4-23(2).
Subsection 4-29(3) provides that the Secretary’s determination of a new allocation of meat inspection services under subsection 4-29(1) replaces any earlier determination and is taken to be a memorandum of agreed intent between the Secretary and the occupier.
Subsections 4-29(4) and (5) provide that the Secretary must give a notice advising the occupier of the new allocation, as soon as practicable and not later than 45 days after the day the relevant application for review was received by the Secretary. This timeframe is appropriate as it provides sufficient time for the Secretary to consider the recommendation of the review committee
The occupier may seek an internal review of a decision made under section 4-29 under section 383 of the Act. Following the internal review, excluding a determination made personally by the Secretary, the occupier may apply for external review of the determination by the Administrative Appeals Tribunal (see section 385 of the Act and section 11-1 of the Meat Rules).
Division 2—Variation of meat inspection services
4-30 Application to vary allocation of meat inspection services
Section 4-30 enables the occupier of a registered establishment where operations to prepare prescribed meat or meat products for export are to be carried out to apply to the Secretary to vary the allocation of meat inspection services to that establishment. This may be where the volume of the goods requiring inspection has been significantly reduced, or the operations have been adjusted to allow inspections to occur at a different interval. This section is not intended to apply to applications for additional allocations as this is provided for in section 4‑31. This provision enables the occupier to reduce regulatory costs and allows the Secretary to redistribute the allocation of inspection services.
Subsections 4-30(1) and (2) provide that an occupier who has an allocation of meat inspection services may apply to the Secretary, in writing, to vary that allocation. The application must be made in an approved manner (if any) and contain information or documents required by the approved form (if any).
Subsection 4-30(3) provides timeframes for applying to vary the allocation of meat inspection services to reduce the allocation. These timeframes are:
· where meat inspection services are allocated on an hourly basis, the application must be made at least 7 days before the proposed variation is to start; or
· where the meat inspection services are allocated other than on an hourly basis, the application must be made at least 30 days before the proposed variation is to start.
The timeframes are appropriate as they allow the Secretary sufficient time to reallocate the inspection services to other establishments.
Subsection 4-30(4) provides timeframes for applying to vary the allocation of meat inspection services other than by reducing or increasing the allocation. These timeframes are that the application must be made:
· at least 90 days before the proposed variation is to start; or
· if the Secretary allows a shorter period, at least that period before the proposed variation is to start.
The first note following subsection 4-30(4) provides for an example that an application may be made to change the proportion of third party authorised officers and Commonwealth authorised officers carrying out inspection services.
The second note following subsection 4-30(4) refers the reader to section 4-31 of the Meat Rules which deals with applications for additional meat inspection services.
The timeframes are appropriate as they allow the Secretary sufficient time to reallocate the inspection services to other establishments.
Subsections 4-30(5) to (7) provide that, on receiving an application under section 4-30, the Secretary must decide to either vary, or refuse to vary, the allocation of meat inspection services to the establishment. In making the decision, the Secretary must have regard to the matters in subsection 4-23(2) (matters to consider in the preliminary allocation of meat inspection services). The Secretary must give the occupier written notice of the decision as soon as practicable after making the decision (subsection 4‑30(7)).
The note following subsection 4-30(5) explains that a decision to refuse to vary an allocation of meat inspection services is reviewable, and that reasons must be provided in the notice for such a decision, as per subsection 382(1) of the Act.
Subsection 4-30(8) provides that section 4-30 does not apply to a variation relating to additional meat inspection services or for a shutdown under sections 4‑31 or 4‑32.
4-31 Application for additional allocation of meat inspection services
Section 4-31 provides that the occupier of a registered establishment where operations to prepare prescribed meat or meat products for export are to be carried out can apply to the Secretary for an additional allocation of meat inspection services. This allows occupiers to apply for additional inspection services when they wish to increase their outputs and require more inspection services to do so.
Subsections 4-31(1) and (2) provide that an occupier who has an allocation of meat inspection services may apply to the Secretary in writing for additional meat inspections services to be allocated. The application must be made in an approved manner (if any) and contain information or documents required by the form (if any).
Subsections 4-31(3) to (7) detail the additional meat inspections services an occupier may apply for, depending on their existing allocation, and the specified timeframes for making an application:
· if meat inspection services are allocated to a registered establishment on an annual basis, the occupier may apply for additional meat inspection services to be allocated on a monthly or weekly basis;
· if meat inspection services are allocated to a registered establishment on a monthly basis, the occupier may apply for additional meat inspection services to be allocated on a weekly basis;
· if meat inspection services are allocated to a registered establishment on a weekly basis, the occupier may apply for additional meat inspection services to be allocated on a weekly or daily basis;
· if meat inspection services are allocated to a registered establishment on a daily basis, the occupier may apply for additional meat inspection services to be allocated on a daily basis;
· if meat inspection services are allocated to a registered establishment on an hourly basis, the occupier may apply for additional meat inspection services to be allocated on an hourly basis.
The timeframes in which applications must be made are at least 7 days before the proposed additional meat inspection services for additional allocations on an hourly or daily basis or at least 14 days before the proposed additional meat inspection services are to start for additional allocations on a weekly or monthly basis. The timeframes are reasonable as they allow the Secretary to reallocate the inspection services from other establishments.
Subsections 4-31(8) and (9) provide that the Secretary must decide to either grant or refuse the request for additional meat inspection services. The Secretary must give the occupier written notice of the decision and, if the Secretary decides to refuse to allocate the additional inspection services, provide details of the right to review the decision. Providing reasons for the decision may assist the occupier in understanding what they can do to reduce the need for additional inspection services.
The note following subsection 4-31(8) explains that a decision to refuse a request for additional meat inspection services is a reviewable decision (see section 11-1 of the Meat Rules and Part 2 of Chapter 11 of the Act). The note also explains that the notice provided under subsection 4-31(9) must also include the reasons for the decision (see subsection 382(1) of the Act).
Subsection 4-31(10) provides that if an application is not made within the timeframes specified in section 4-31, the Secretary must make a decision under subsection 4-31(8) as soon as possible, if it is reasonable in the circumstances to do so. This provides the occupier with the flexibility to increase or reduce the allocation of inspection services outside of the specified timeframes if necessary.
Subsection 4-31(11) provides that where additional meat inspection services are allocated to a registered establishment, and the application for the additional services specifies the period during which the additional services are to be provided, the Secretary must not terminate any of the additional services until the end of the specified period unless the occupier of the establishment has given notice under section 4‑34 of the Meat Rules that they wish to terminate some, or all, of the additional meat inspection services.
4-32 Notification that meat inspection services not required during shutdown period
Subsection 4-32(1) provides that an occupier of a registered establishment may notify the Secretary in writing that meat inspection services are not required for a specified continuous period of at least 14 days. This applies if the existing meat inspection services are allocated on an annual basis or on a combination of an annual basis and another basis. This is to allow industry to reduce costs by pausing the meat inspection services during the periods where services are not required. The period of at least 14 continuous days of shut down is appropriate as savings associated with a shorter timeframe would be counterbalanced by the an unnecessary administrative costs in reviewing the notice and reallocating the services.
Subsection 4-32(2) provides that the notice must be given at least 14 days before the start of the specified period.
4-33 Variation by Secretary of allocation of meat inspections services
Subsections 4-33(1) and (2) have the combined effect that the Secretary may initiate a variation of the allocation of meat inspection services at a registered establishment in the circumstances specified in paragraphs 4-33(1)(a) and (b).
The circumstances specified in paragraph 4-33(1)(a) generally reflect where there has been a change in the matters which the Secretary was required to have regard to when determining the preliminary allocation of meat inspection services to that establishment.
Paragraph 4-33(1)(b) allows the Secretary to initiate a variation of the allocation of meat inspection services to a registered establishment where there has been an audit report that includes a recommendation to vary the allocation of meat inspection services to that establishment for a specified period of time.
It is appropriate for the Secretary to be able to initiate a variation of the allocation in the circumstances listed as these matters generally ensure the inspection of prescribed meat and meat products meet industry standards and international obligations, facilitate the distribution of authorised officers, and protect the health and safety of workers and the hygiene and wholesomeness of the goods.
Subsection 4-33(3) provides that the Secretary must notify the occupier of the registered establishment in writing of the variation to the allocation of meat inspection services under section 4-33. The notice must include the varied allocation and, if an audit report recommends that the varied allocation be carried out for a specified period of time, the date the varied allocation ceases to have effect.
The note following subsection 4-33(3) explains that the Secretary may, under section 406 of the Act, direct that meat inspection services are not carried out at a registered establishment if a cost-recovery charge in relation to meat inspection services provided at the establishment remains unpaid after becoming due and payable.
Subsections 4-33(4) to (6) detail what happens when the occupier of a registered establishment is notified under subsection 4-33(3) and does not agree with the Secretary’s decision to vary the allocation of meat inspection services to that establishment. The occupier may apply to the Secretary in writing for reconsideration of the varied allocation. On receiving the application, the Secretary must enter negotiations with the occupier in relation to the varied allocation. If agreement cannot be reached at the completion of such negotiations, the Secretary must seek to reach agreement with a representative of the relevant industry organisation nominated by the occupier. If agreement with the occupier’s representative cannot be reached, the Secretary must determine a new allocation of meat inspection services after having considered the views put forward by the occupier and the occupier’s representative and the matters referred to in paragraph 4-33(1)(a).
The note following subsection 4-33(6) explains that a decision to determine a new allocation of meat inspection services to an establishment is a reviewable decision (see section 11-1 of the Meat Rules and Part 2 of Chapter 11 of the Act). The notice under paragraph 4-33(7)(b) of the Meat Rules must include the reasons for the decision (see subsection 382(1) of the Act).
Subsection 4-33(7) provides that if the Secretary determines a new allocation of meat inspection services to a registered establishment under subsection 4-33(6), the new determination replaces any earlier determination made under subsection 4-33(2), which ceases to have effect. The Secretary must give notice advising the occupier of the new allocation and the reasons for the decision as soon as practicable and not later than 45 days after the day the application for reconsideration of the varied allocation is received.
4-34 Notification of termination of meat inspection services
Subsection 4-34(1) provides that the occupier of a registered establishment to which meat inspection services are allocated may notify the Secretary, in writing, that the occupier wishes to terminate some, or all, of the meat inspection services (including any additional meat inspection services allocated to the registered establishment under section 4-31 of the Meat Rules).
Subsection 4-34(2) requires that the notice must be given at least 14 days before the proposed termination of the meat inspection services.
CHAPTER 5—APPROVED ARRANGEMENTS
Part 1—Approved arrangements for export operations other than Halal meat certification operations
Division 1—Requirements for approval
The Secretary may, on application by a person, approve a proposed arrangement for a kind of export operations in relation to prescribed meat or meat products. An approved arrangement is subject to certain conditions.
5-1 Purpose of this Division
Subsection 151(1) of the Act provides that, on receiving an application under section 150 of the Act to approve a proposed arrangement, the Secretary must decide to approve the arrangement or refuse to approve the arrangement. Subsection 151(2) sets out the requirements that the Secretary must be satisfied of before approving a proposed arrangement. Paragraph 151(2)(d) allows the rules to prescribe additional requirements that must be satisfied.
Section 5-1 provides, for the purposes of paragraph 151(2)(d) of the Act, that Division 1 of Part 1 of Chapter 5 of the Meat Rules (section 5-1 to 5-3) prescribes, other requirements of which the Secretary must be satisfied before approving a proposed arrangement for export operations in relation to prescribed meat or meat products (other than Halal meat certification operations). Requirements for approval of a proposed arrangement for export operations in relation to Halal meat certification are prescribed under Part 2 of Chapter 5 of the Meat Rules. Approved arrangements provide the framework for an inspection, verification and certification system.
5-2 Other requirements—proposed arrangement for operations to prepare prescribed meat or meat products
Section 5-2 sets out general requirements which must be met for the approval of an arrangement in relation to operations to prepare prescribed meat or meat products for export at a registered establishment. These are necessary to enable the Secretary to determine whether the proposed arrangement meets the requirements of the Act and importing country requirements.
Subsection 5-2(2) requires the proposed arrangement to record that the applicant for approval of the arrangement is committed to both meeting the objects of the Act that are applicable to the operations and to the prescribed meat or meat products to be covered by the arrangement, and complying with the requirements of the Act in relation to those operations.
Subsection 5-2(3) requires the proposed arrangement to cover each stage of the operations.
Subsection 5-2(4) requires the proposed arrangement to record details of:
· the management practices, organisational structure, resources and personnel (and the training those personnel receive) to be used to carry out the operations to be covered by the arrangement;
· the system of controls to be implemented to ensure that the conditions of the approved arrangement (set out in Subdivisions B to H of Division 2 of Part 1 of Chapter 5 of the Meat Rules) will be complied with; and
· any other system of controls that will be implemented to ensure that there will be reasonable grounds for issuing an export permit or a government certificate for prescribed meat or meat products to be covered by the arrangement.
Subsection 5-2(5) requires the management practices, organisational structure, resources and personnel (and the training those personnel receive) to be used to carry out the operations to be covered by the arrangement to be appropriate to ensure compliance with the requirements of the Act.
Subsection 5-2(6) requires the proposed arrangement to specify any importing country requirements that will not be met through ordinary compliance with the Act (other than section 5-5 of the Meat Rules), and the system of controls to be implemented to ensure those importing country requirements will be met. This allows for flexibility where the requirements of the importing country are different from the requirements of the Act, while ensuring transparency about the control measures needed to meet importing country requirements.
The note following subsection 5-2(6) explains that section 5-5 of the Meat Rules makes it a condition of an approved arrangement for export operations in relation to prescribed meat or meat products that all applicable importing country requirements are met.
Subsection 5-2(7) requires the implementation of a Hazard Analysis and Critical Control Point (HACCP) plan for each stage of the operations to prepare the prescribed meat or meat products for export. This process control is designed to prevent the occurrence of problems by assuring that controls are applied at any point in the production of meat or meat products for export, where hazardous or critical situations could occur. A hazard could include physical, biological or chemical contamination of the product or the product packaging. Details of the requirements for a HACCP plan are in section 3.11 of the Australian Meat Standard. A guide to implementing a HACCP is available on the CSIRO website (https://www.publish.csiro.au).
The note following subsection 5-2(7) refers the reader to section 3.11 of the Australian Meat Standard, which details of the requirements for a HACCP plan.
Subsection 5-2(8) deals with requirements relating to operations to prepare meat or meat products that are not for export, or that are for animal food or pharmaceutical material. If such operations are also to be carried out at the registered establishment (alongside operations to prepare prescribed meat or meat products for export), the proposed arrangement must:
· specifically provide for those operations; and
· must record details of the procedures (including any system of controls) to be implemented for the segregation, identification and security of prescribed meat or meat products prepared at the establishment to ensure the wholesomeness and integrity of the prescribed meat or meat products.
The note following subsection 5-2(8) refers the reader to section 5-32 of the Meat Rules, which sets restrictions on operations to prepare prescribed meat or meat products at establishments where there are also operations to prepare meat or meat products that are not for export, or that are animal food or pharmaceutical products.
Subsection 5-2(9) details the requirements relating to potable water. Where a proposed arrangement provides for potable water to be used in carrying out export operations for prescribed meat or meat products for export, the arrangement must record details of the system of controls that will be implemented to ensure the water will be free from harmful substances and pathogenic organisms. The details recorded in the approved arrangement will need to include how treatment, testing and verification of potable water will be conducted.
Subsection 5-2(10) applies if the proposed arrangement provides for refrigeration for chilling to be applied to carcases or carcase parts. In such circumstances, the arrangement must also provide for control measures to be implemented to ensure the required refrigeration index criteria for the carcases or carcase parts is achieved. The refrigeration index criteria are described in section 5-13 of the Meat Rules, which deals with the effectiveness of refrigeration.
5-3 Other requirements—proposed arrangement for operations to prepare Halal meat
Section 5-3 applies in relation to export operations to prepare Halal meat for export at a registered establishment if a Halal certificate is required. The proposed arrangement must:
· specify each Muslim slaughterman for the Halal meat; and
· each Islamic organisation permitted to issue a Halal certificate in relation to Halal meat prepared for export at the establishment (subsection 5-3(2)).
The note following subsection 5-3(2) notifies the reader that Islamic organisations referred to in paragraph 5-3(2)(b) must be the holder of an approved arrangement for Halal meat certification operations.
Subsection 5-3(3) clarifies that the requirements of section 5-3 apply to approved arrangements to prepare prescribed meat or meat products for export at a registered establishment in addition to the general requirements contained in section 5-2.
Division 2—Conditions of approved arrangement
Subdivision A—Purpose of this Division
Subdivision A (section 5-4) sets out the purpose of Division 2 of Part 1 of Chapter 5 of the Meat Rules, concerning conditions on approved arrangements for operations to prepare prescribed meat or meat products for export.
5-4 Purpose of this Division
Section 152 of the Act deals with conditions imposed on an approved arrangement. Paragraph 152(1)(b) allows the rules to prescribe conditions that will apply to an approved arrangement (unless the Secretary decides the condition is not to be a condition of the approved arrangement).
Subsection 5-4(1) provides that Division 2 of Part 2 of Chapter 5 of the Meat Rules (sections 5-4 to 5-47) prescribe, for the purposes of paragraph 152(1)(b) of the Act, the conditions of an approved arrangement for a kind of export operations in relation to prescribed meat or meat products (other than Halal meat certification operations).
Subsection 5-4(2) has the effect that each condition set out in Division 2 of Part 2 of Chapter 5 of the Meat Rules applies to approved arrangements for export operations in relation to prescribed meat or meat products (other than Halal meat certification operations) if the provision relates to a kind of export operations covered by the arrangement.
Applying conditions to the approved arrangements prevents approved arrangements from merely meeting the requirements in Part 1 of Chapter 5 of the Meat Rules in order to gain approval and then later altering procedures or processes in a manner detrimental to achieving the purpose of the approved arrangement. It is important that businesses continue to operate under an approved arrangement with appropriate processes and controls to ensure the goods are fit for human consumption and continue to meet importing country requirements.
The first note following section 5-4 refers the reader to paragraph 157(1)(b) of the Act, which provides that the conditions also apply to an approved arrangement that has been renewed.
The second note following section 5-4 alerts the reader that failure to comply with a condition of an approved arrangement is an offence and the contravention of a civil penalty provision under section 184 of the Act.
Subdivision B—General
Subdivision B (sections 5-5 and 5-6) impose general requirements on approved arrangements for operations to prepare prescribed meat or meat products for export.
5-5 Importing country requirements must be met
Section 5-5 requires an approved arrangement to ensure that all importing country requirements relating to both the export operations that are carried out in relation to prescribed meat or meat products, and the prescribed meat or meat products themselves, are met.
Ensuring all applicable importing country requirements are covered by the approved arrangement and are met enables ongoing market access for prescribed meat or meat products that are exported from Australian territory.
The note following section 5-4 refers the reader to the Manual of Importing Country Requirements for guidance on specific importing country requirements. This manual is available on the Department’s website (http://www.awe.gov.au). Access to the document may require a password.
5-6 Requirements of Australian Meat Standard must be met
Section 5-6 requires an approved arrangement to ensure the requirements of the Australian Meat Standard (as modified by the Meat Rules, other than in subsection 4-3(2)) are met in relation to both the export operations that are carried out in relation to prescribed meat or meat products, and the prescribed meat or meat products themselves.
This means that if prescribed meat or meat products must be prepared in a particular way, the approved arrangement must ensure its processes and procedures meet the requirements, as described by the Australian Meat Standard (as modified by the Meat Rules). This ensures that prescribed goods exported from Australian territory continue to comply with food safety requirements and are fit for human consumption.
The note following section 5-6 refers the reader to Division 2 of Part 2 of Chapter 1 of the Meat Rules for modifications of the Australian Meat Standard.
Subdivision C—Preparation and transport
Subdivision C (sections 5-7 to 5-20) imposes conditions that apply to approved arrangements concerning the preparation and transport of prescribed meat or meat products for export.
5-7 Dressing an animal
Section 5-7 provides that an animal must be unconscious, and that primary bleeding must be completed before dressing takes place. This condition is important to ensure animal health and welfare is not compromised and to meet Australian animal welfare obligations. This section provides that handling and stress to the animals is limited and prevents any animals that have been inhumanely treated from entering the export supply chain.
5-8 Areas where post-mortem inspections are carried out
Section 5-8 requires registered establishments to have a designated area where post‑mortem inspections of carcases or carcase parts can be carried out by authorised officers or State or Territory meat safety inspectors without any encroachment by equipment or other persons.
This provision is important as it ensures only authorised officers or State or Territory meat safety inspectors may enter the inspection area, which ensures inspection of the carcases or carcase parts can be appropriately evaluated without external influence.
5-9 Compliance with decisions and dispositions
Section 5-9 sets requirements relating to compliance with decisions or dispositions by a veterinary officer or an authorised officer that are applied to animals, carcases or carcase parts, or prescribed meat or meat products.
The authorised officer for the purpose of performing functions (carrying out inspections) and exercising powers in relation to prescribed meat or meat products, can apply a disposition to the meat, carcases or carcase parts.
A disposition is a specific type of decision made in accordance with the Meat Rules under sections 9-22 to 9-26 of the Meat Rules, which refer specifically to ante‑mortem (a decision made prior to slaughter) and post‑mortem (decision about the carcases, carcase parts, meat or meat products after slaughter) dispositions. The authorised officer can vary a disposition applied to prescribed meat or meat products following inspection, or specify a condition, if further information is obtained about the product or the product deteriorates.
Subsection 5-9(1) requires a decision or disposition, and any conditions specified in relation to a decision or disposition, that has been applied to animals by a veterinary officer or an authorised officer, to be complied with.
The note following subsection 5-9(1) explains that decisions and dispositions may be applied to animals only by a veterinary officer or an authorised officer (see section 9-28 of the Meat Rules).
Subsection 5-9(2) requires a disposition, and any conditions specified in relation to a disposition, that has been applied to carcases or carcase parts, or to prescribed meat or meat products, by an authorised officer, to be complied with.
Subsection 5-9(3) defines a decision or disposition as a decision about the admission of animals for slaughter, or a disposition that may be applied to animals, carcases or carcase parts, or prescribed meat or meat products, by an authorised officer under Division 2 of Part 4 of Chapter 9 of the Meat Rules, and expressly includes a variation of such a decision or disposition and any conditions specified in relation to such a decision or disposition.
The first note following subsection 5-9(3) refers the reader to sections 9-22 to 9-25 of the Meat Rules which provides details for decisions and dispositions that may be applied by an authorised officer in relation to animals, carcases or carcase parts, or prescribed meat or meat products.
The second note following section 5-9 notifies the reader that under paragraphs 9‑24(3)(d) and 9-24(4)(a) of the Meat Rules, carcases or carcase parts may be retained for further inspection, tests or treatment pending final disposition.
5-10 Chilling carcases and carcase parts
Section 5-10 deals with when refrigeration for chilling carcases or carcase parts is taken to meet the Australian Meat Standard.
Section 5-10 has the effect that where the control measures for the refrigeration process specified in an approved arrangement are complied with, refrigeration for chilling carcases or carcase parts is taken to meet paragraphs 11.6(a), (b) or (c) of the Australian Meat Standard.
The purpose of this provision is to require the holder of an approved arrangement to comply with refrigeration control measures to ensure the chilling and freezing of meat is maintained and that it does not jeopardise the wholesomeness of the prescribed goods.
The first note following section 5-10 explains that under section 5-13, the effectiveness of the refrigeration process is assessed using the refrigeration index criteria.
The second note following section 5-10 refers the reader to section 1-5 of the Meat rules and clause 1.3 of the Australian Meat Standard where carcase part is defined as including offal.
5-11 Temperature controls for and after processing raw meat
Subsection 5-11(1) requires the processing of raw meat removed from refrigeration to take place in a temperature controlled environment no warmer than 10 degrees Celsius if processing is likely to result in any of the surfaces of the meat reaching a temperature of no warmer than 7 degrees Celsius. This requirement applies despite clause 12.4 of the Australian Meat Standard.
Subsection 5-11(2) provides that the refrigeration for chilling raw meat after the processing is completed is taken to meet subparagraph 12.5(b)(i) or (ii) of the Australia Meat Standard if the raw meat reaches a temperature no warmer than 7 degrees Celsius on all surfaces of the raw meat.
This ensures adequate temperature controls for processing raw meat are in place to maintain integrity and wholesomeness of the prescribed goods.
The note following subsection 5-11(2) explains that under section 5-13, the effectiveness of the refrigeration process is assessed using the refrigeration index criteria.
Subsection 5-11(3) provides that the term processing, for the purposes of section 5-11, has the same meaning as in subclause 12.1(2) of the Australian Meat Standard.
The note following subsection 5-11(3) explains that this definition of processing includes boning.
5-12 Temperature requirements for storing, handling and transporting certain prescribed meat or meat products
Section 5-12 sets temperature requirements for storing, handling and transporting prescribed meat or meat products other than shelf-stable meat products. Shelf-stable is defined in section 1-5 of the Meat Rules as having the same meaning as in the Australian Meat Standard, and means the meat or meat products will not deteriorate when stored and handled at ambient temperature.
Subsection 5-12(2) and (3) deal with the temperature requirements for the storage and handling prescribed meat or meat products (other than shelf-stable products) prepared for export at a registered establishment under an approved arrangement. The requirements in subparagraphs 15.2(a)(i) and (ii) of the Australian Meat Standard are taken to be met if the prescribed meat or meat products are stored and handled at a temperature no warmer than 7 degrees Celsius on any of their surfaces (subsection 5-12(2)).
The requirements in paragraph 15.7(a) of the Australian Meat Standard are taken to be met if the prescribed meat or meat products are:
· at a temperature no warmer than 7 degrees Celsius on any of their surfaces; or
· are still being reduced in temperature in accordance with the approved arrangement (subsection 5-12(3)).
The note following subsection 5-12(3) explains that if the meat or meat products are still being cooled in accordance with the approved arrangement, the refrigeration index criteria at section 5-13 of the Meat Rules is used to assess the effectiveness of the refrigeration process.
Subsection 5-12(4) sets out the temperature requirements relating to the transport of prescribed meat or meat products prepared for export at a registered establishment under an approved arrangement.
The requirements of subparagraphs 24.3(a)(i) and (ii) of the Australian Meat Standard are taken to be met if the meat or meat products are:
· transported at a temperature no warmer than 7 degrees Celsius on any of their surfaces; or
· are still being reduced in temperature in accordance with the approved arrangement.
The note following subsection 5-12(4) explains that if the meat or meat products are still being cooled in accordance with the approved arrangement, the refrigeration index criteria at section 5-13 of the Meat Rules is used to assess the effectiveness of the refrigeration process.
The purpose of section 5-12 is to ensure there are adequate temperature controls for storing, handling and transporting prescribed meat or meat products.
5-13 Assessing the effectiveness of refrigeration
Section 5-13 applies to assessing the effectiveness of the refrigeration process applied to a carcase, carcase part or raw meat from the time it is first placed under refrigeration until it is maintained continuously at a temperature of no warmer than 7 degrees Celsius at all sites of microbiological concern, or further processed in accordance with section 13 of the Australian Meat Standard.
The control measures for chilling that are applied to prescribed meat or meat products must achieve the refrigeration index criteria set out in subsection 5-13(3). This means that:
· the refrigeration index average must be not more than 1.5;
· 80% of refrigeration indices must be not more than 2.0; and
· no refrigeration index may be more than 2.5.
The refrigeration index means the valued obtained by using a recognised predictive model to calculate the potential growth of E. coli at a site of microbiological concern (as defined in section 1-5 of the Meat Rules).
The note under subsection 5-13(2) refers the reader to clause 11.3 of the Australian Meat Standard, which requires carcases and carcase parts to be placed under refrigeration for chilling or freezing within 2 hours of stunning.
5-14 Thawing of meat
Section 5-14 deals with the thawing of meat under an approved arrangement. The thawing of met is taken to meet the requirements of paragraph 12.11(a) of the Australian Meat Standard if it results in a temperature no warmer than 7 degrees Celsius on any surfaces of the meat.
This provides flexibility while ensuring adequate temperature controls are in place and ensures the thawing of raw meat does not jeopardise the wholesomeness of the prescribed goods.
The note following section 5-14 refers the reader to section 1-5 of the Meat Rules for the definition of thawing, which is the same as in the Australian Meat Standard which provides that thawing means warming to a temperature warmer than minus 2 degrees Celsius.
5-15 Loading prescribed meat or meat products for transfer between registered establishments
Section 5-15 provides the conditions that must be met for vehicles used for the transfer of prescribed meat or meat products between registered establishments. The meat vehicle must satisfy the standards specified in paragraphs 5-15(a) to (g) and must:
· not be a source of contamination of the meat or meat products;
· be clean, free of odours and material that are capable of contaminating the meat or meat products or their packaging; and
· be equipped or provided with an appropriate and adequate means of refrigeration;
· have an accurate measuring device to assess whether the requirements of the Meat Rules are complied with during transport and loading,
· be maintained in a good state of repair and working order (having regard to its use); and
· be capable of being secured by a seal that is an official mark.
The purpose of this condition is to prevent contamination and ensure the wholesomeness of the prescribed meat and meat products during transport.
The note following section 5-15 refers the reader to clauses 5.1, 15.2 and 15.3 of the Australian Meat Standard, which deal with the same issues.
5-16 Loading of prescribed meat or meat products—supervision
Section 5-16 deals with how the loading of prescribed meat or meat products for export must be supervised.
Subsection 5-16(1) provides that the loading of prescribed meat or meat products for export must be supervised by an authorised officer, or by a person who manages or controls operations to prepare meat or meat products for export at the registered establishment where operations to prepare the meat or meat products for export were last carried out (provided that person is designated in the approved arrangement as a person who may supervise the loading of prescribed meat or meat products for export, and does so in accordance with the arrangement).
Subsection 5-16(2) requires a person who supervises the loading of prescribed meat or meat products for export to give the exporter a declaration stating that, at the date the declaration is made, the prescribed export conditions, applicable importing country requirements, and any other condition that applies to the meat or meat products under the Act, are met.
The first note following subsection 5-13(2) refers the reader to the United Nations Rules for Electronic Data Interchange for Administration, Commerce and Transport. In 2021, these Rules could be accessed from the United Nations Economic Commission for Europe website (https://www.unece.org), which deals with electronic message formats.
The second note following subsection 5-13(2) refers the reader to the Electronic Transactions Act 1999, regarding the requirements to give information (including a declaration) in writing (see section 10 of that Act for electronic signatures).
The third note following subsection 5-16(2) explains that under subsection 11-6(2) of the Meat Rules, the exporter is required to retain the declaration referred to in this section for at least 2 years.
The declaration under subsection 5-16(2) must not be made if there are no reasonable grounds for making it, must not be false or misleading and must be signed and dated by the person who made it (subsection 5-16(3)).
The note following subsection 5-16(3) alerts the reader that providing false or misleading information or documents is an offence and the contravention of a civil penalty provision under sections 368 and 369 of the Act and sections 137.1 and 137.2 of the Criminal Code.
5-17 Prohibitions on loading
Subsection 5-17(1) requires prescribed meat or meat products, at the time they are loaded for export, to be packaged effectively to protect them from contamination and deterioration in the conditions in which they are loaded, stored or transported from Australian territory.
Subsection 5-17(2) prohibits prescribed meat or meat products that are not wholesome from being loaded for export.
The note following section 5-17 refers the reader to section 14 of the Australian Meat Standard, which deals with packaging requirements.
5-18 Container system units and equipment for loading aircraft and vessels
Section 5-18 sets requirements for loading prescribed meat or meat products into a container system unit or onto an aircraft or vessel.
Subsection 5-18(1) provides that prescribed meat or meat products must not be loaded for export unless the container system unit, or the area on an aircraft or vessel, into which the meat or meat products are to be loaded is:
· not a source of contamination of the meat or meat products;
· is clean and free of odours and materials that are capable of contaminating meat or meat products or their packaging;
· is equipped or provided with an appropriate and adequate means of refrigeration (if necessary); and
· is maintained in a good state of repair and working order having regard to its use.
There is also an additional requirement for loading for transport by sea, being that the container system unit and the area into which the meat or meat products are to be loaded are capable of being secured by a bolt seal that is an official mark.
The note following subsection 5-18(1) refers the reader to section 8-15 of the Meat Rules which deals with bolt seals.
Subsection 5-18(2) requires prescribed meat or meat products to be stowed in a container system unit, or an area of an aircraft or vessel, in a manner that ensures their condition and packaging are not likely to be adversely affected during the flight or voyage.
The combined effect of sections 5-16, 5-17 and 5-18 is to ensure a suitably trained and qualified person will determine, at loading, that prescribed goods are wholesome, have been packaged in way that prevents contamination and deterioration, including during transport. This provides end chain assurance for trading partners.
5-19 When a bolt seal must be applied to container system unit
Section 5-19 requires the application of a bolt seal, that is an official mark, to a container system unit (other than a container system unit intended to be transported by air) if prescribed meat or meat products are loaded into the container system unit. A bolt seal is a locking device that is tamper-evident, requires a tool (such as a bolt cutter) to open and may only be applied by persons set out in subsection 8-26(2) of the Meat Rules.
The first note following section 5-19 refers the reader to the Manual of Importing Country Requirements (MICoR) for guidance on when a seal may need to be applied to a container system unit intended to be transported by air if it transits another country. MICoR could in 2021 be viewed on the Department’s website (http://www.awe.gov.au). Access to the document may require a password.
The second and third notes refer the readers to sections 8-15 and 8-26 of the Meat Rules which deal with bolt seals and who must apply them.
The fourth note following section 5-19 alerts the reader that a person may commit an offence or be liable for a civil penalty under the Act for altering or interfering with an official mark.
5-20 Meat transport vehicles, measuring devices and other equipment
Section 5-20(1) provides that prescribed meat or meat products must be transported between registered establishments by meat transport vehicles and equipment that comply with the applicable conditions prescribed by the Meat Rules.
Subsection 5-20(2) requires meat transport vehicles and other equipment used in transporting prescribed meat or meat products to be of a kind that ensures that the transport of the meat or meat products complies with the applicable conditions prescribed by Part 1 of Chapter 5 of the Meat Rules.
The first note following subsections 5-20(1) and (2) refers the reader to sections 5-15 and 5-18 of the Meat Rules in relation to meat transport vehicles.
The second note following subsections 5-20(1) and (2) notifies the reader that there must also be compliance with the applicable requirements of the Australian Meat Standard as well as section 5-6 of the Meat Rules.
Subsection 5-20(3) provides that meat transport vehicles and container system units used to transport prescribed meat and meat products must have accurate measuring devices to assess whether the applicable conditions prescribed by Part 1 of Chapter 5 of the Meat Rules are complied with during transport and loading.
This section operates to ensure the prescribed meat or meat products are not contaminated during transport and remain wholesome.
Subdivision D—Trade descriptions
Subdivision D (sections 5-21 to 5-24) imposes conditions on approved arrangements concerning the application of trade descriptions on prescribed meat and meat products.
The note at the start of Subdivision D refers the reader to Part 2 of Chapter 8 of the Act and Part 2 of Chapter 8 of the Meat Rules in relation to trade descriptions.
5-21 Trade description must be applied to prescribed meat and meat products that are intended to be exported
Section 5-21 imposes requirements relating to the application of trade descriptions for prescribed meat or meat products that are intended to be exported.
Subsection 5-21(1) requires a trade description that includes the information specified in subsection 5‑21(3) to be applied to prescribed meat or meat products that are intended for export.
The first note following subsection 5-21(1) explains that the body responsible for setting trade description standards for meat and meat products derived from bovine, caprine, ovine and porcine animals, at the time of commencement of the Meat Rules, was AUS-MEAT Limited.
The second and third notes following subsection 5-21(1) refer the reader to the definitions of trade description and applied which are found in sections 246 and 247 of the Act.
The fourth note following subsection 5-21(1) notifies the reader that clause 16.7 of the Australian Meat Standard is not required to be complied with, and directs the reader to subsection 4-3(2) of the Meat Rules which modifies the Australian Meat Standard to this effect.
The fifth note following subsection 5-21(1) refers the reader to section 5-24 for alternative requirements for prescribed meat or meat products that are intended for further processing.
The sixth note following subsection 5-21(1) explains that if the relevant importing country authority specifies that it does not require a trade description requirement prescribed by Subdivision D of Division 2 of Part 1 of Chapter 5 of the Meat Rules to be met, the Secretary may approve a variation of the approved arrangement to provide that the trade description requirement does not apply.
Subsection 5-21(2) provides that the trade description must be applied no later than the time the prescribed meat or meat products are packed.
Subsection 5-21(3) provides a description of the required information to be in a trade description which must be applied to prescribed meat or meat products which are intended for export. The required information is the following:
· the type of animal (including an additional description for some animals, such as ‘beef’ or ‘lamb’), net weight and country or countries of origin of the meat or meat products;
· the registration number of the registered establishment where the meat or meat products were last packed before export;
· the name and address of the occupier of the registered establishment, or the exporter or consignee of the meat or meat products;
· where meat or meat products were packed on behalf of a person other than the occupier of the registered establishment, where operations to prepare the meat or meat products for export were carried out, the name of the person who packed the meat or meat products, and the name of the person on whose behalf the meat or meat products were packed;
· for packaged meat or meat products—the date of packaging (for example: 02Feb2020);
· where the meat or meat products contain 2 or more ingredients, a list of ingredients (other than any processing aids) in descending order of ingoing weight;
· the identity of the batch;
· a statement indicating whether the meat or meat products should be kept chilled or frozen if they are not shelf-stable; and
· for canned meat or meat products, the registration number allocated to the registered establishment preceded by the letters “EX”, the date of packaging, and description of the contents of the cans.
The first note following subsection 5-21(3) notifies the reader that the trade description must be accurate, as prescribed by 8-6 of the Meat Rules. Additionally, the note alerts the reader of Division 3 of Part 2 of Chapter 8 of the Act concerning offences and civil penalty provisions in relation to false trade descriptions.
The second note following subsection 5-21(3) refers the reader to the Australian Consumer Law (within the meaning of the Competition and Consumer Act 2010), which contains prohibitions on engaging in conduct that is misleading or deceptive or is likely to mislead or deceive, and prohibitions on making false or misleading representations (see sections 18, 29 and 151 of the Australian Consumer Law).
The third note following subsection 5-21(3) provides that examples of types of animals are cattle, bison and goats.
The fourth note following subsection 5-21(3) refers to section 1-5 of the Meat Rules for the definition of date of packaging.
Subsection 5-21(4) sets out that, for the purposes of paragraph 5-21(3)(e), the registration number must be clearly identifiable as being the registration number of the registered establishment.
Subsection 5-21(5) also requires prescribed meat and meat products to meet each applicable requirement for the labelling and naming of ingredients and compound ingredients specified in Standard 1.2.4 of the Australia New Zealand Food Standards Code. This Standard is available from the Food Standards Australia New Zealand website (https://www.foodstandards.gov.au).
The note following subsection 5-21(5) refers the reader to section 12 of the Act for the definition of the Australian New Zealand Food Standards Code.
The inclusion of this information is important to ensure the identity of the prescribed meat or meat products can be ascertained, and provides assurance of the integrity of the goods to trading partners.
5-22 Use of trade description “Grain Fed”
Section 5-22 prohibits the “Grain Fed” trade description from being applied to prescribed meat or meat products unless:
· the meat or meat products are derived from a beef carcase that meets the carcase criteria and meets the meat quality assessments specified for Grain Fed, Grain Fed Finished or Grain Fed Young Beef in the Australian Meat Industry Classification System; or
· the meat or meat products are derived from a lamb carcase that meets the carcase criteria specified for Grain Fed Lamb in the Australian Meat Industry Classification System.
The note following section 5-22 refers the reader to subsection 5-21(3) of the Meat Rules, which deals with the use of the trade descriptions ‘beef’ and ‘lamb’.
The purpose of this section is to allow the Meat Rules to protect and support the grain fed industry by limiting the use of grain fed in the descriptions of other meat and meat products.
5-23 Prescribed meat or meat products in cartons or cans
Section 5-23 deals with the requirements for trade descriptions applied to prescribed meat or meat products contained in cartons or cans.
Subsection 5-23(1) provides that for trade descriptions applied to prescribed meat or meat products contained in cartons, the trade description must be applied to one end panel of the carton.
The note following subsection 5-23(1) refers the reader to section 1-5 of the Meat Rules for the definition of carton. Carton includes a case, crate and barrel.
Subsection 5-23(2) provides that, for trade descriptions relating to canned prescribed meat or meat products, the information required by paragraph 5-21(3)(l) must be either embossed on, or indelibly applied directly to, the cans. Paragraph 5-21(3)(l) concerns the registration number of the registered establishment where the canning was carried out preceded by the letters “EX”, the date of packaging and a description of the contents of the cans.
The inclusion of this information is important to ensure the identity of the prescribed meat or meat product can be ascertained, and provides assurance of the integrity of the goods to trading partners.
5-24 Prescribed meat or meat products for further processing
Section 5-24 provides for trade descriptions in relation to prescribed meat or meat products that are to be transferred between registered establishments for further processing.
Subsection 5-24(1) allows the trade description for prescribed meat or meat products that are to be transferred between registered establishments for further processing to include only the following information (despite subsection 5-21(1)):
· the type of animal from which the meat or meat products were derived;
· the date of packaging (for packaged meat or meat products); and
· the words ‘FOR FURTHER PROCESSING BEFORE EXPORT’.
The first note following subsection 5-24(1) provides examples of types of animals are cattle, bison or goats.
The second note following subsection 5-24(1) refers the reader to section 1-5 of the Meat Rules for the definition of date of packaging.
Subsection 5-24(2) requires the words ‘FOR FURTHER PROCESSING BEFORE EXPORT’ to be removed from the trade description before the meat or meat products are loaded for export, and replaced with a trade description that contains all the information required by subsection 5-21(3).
The note following subsection 5-24(2) refers the reader to Subdivision E of Division 2 of Part 1 of Chapter 5 of the Meat Rules for the requirement to apply an official mark to the meat or meat products.
Subdivision E—Official marks
Subdivision E (sections 5-25 to 5-30) sets out conditions that apply to approved arrangements for prescribed meat or meat products in respect of official marks.
The note at the beginning of Subdivision E refers the reader to Part 3 of Chapter 8 of both the Act and Part 3 of Chapter 8 of the Meat Rules for further requirements relating to official marks.
5-25 References to particular official marks
Section 5-25 provides that a reference to a particular official mark in Subdivision E of Division 2 of Part 1 of Chapter 5 of the Meat Rules is a reference to the official mark with that description specified in Division 1 of Part 3 of Chapter 8 of the Meat Rules.
5-26 Carcases and carcase parts
Section 5-26 sets out requirements for applying official marks to prescribed meat or meat products. These requirements are in addition to the requirements in Part 3 of Chapter 8 of the Meat Rules.
Subsections 5-26(1) and (2) require:
· the Australia Inspected (lamb) official mark to be applied to prescribed meat or meat products that are lamb carcases or carcase parts and that have been passed by an authorised officer as fit for human consumption;
· the Australia Inspected official mark to be applied to prescribed meat or meat products that are carcase or carcase parts (other than lamb carcases or carcase parts) and that have been passed by an authorised officer as fit for human consumption.
The first note following subsection 5-26(1) explains to the reader that the official mark must be applied by a person referred to in subsection 8-26(2) of the Meat Rules.
The second note following subsection 5-26(1) notifies the reader that the importing country may require another mark to be applied to the carcases or carcase parts in addition to the official mark.
Subsections 5-26(3) and (4) require the Australia Approved (lamb) official mark to be applied to prescribed meat or meat products that are lamb carcases or carcase parts where:
· the carcase or carcase part have been passed by a State or Territory meat safety inspector as fit for human consumption; and
· the approved arrangement provides for operations to prepare the carcase or carcase parts for export to be carried out under a State or Territory inspection and audit arrangement; and
· the meat or meat products derived from the carcase or carcase part are intended to be exported; and
· the relevant importing country authority specifies that the official mark may be applied to the carcase or carcase part.
Subsection 5-26(3) and (4) also require the Australia Approved official mark to be applied to prescribed meat or meat products that are other (i.e. not lamb) carcases or carcase parts where the same requirements are satisfied.
The first note following subsection 5-26(3) explains that the official mark must be applied by a person referred to in subsection 8-26(2) of the Meat Rules.
The second note following subsection 5-26(3) alerts the reader that importing countries may require an additional mark to be applied to carcases or carcase parts.
Subsection 5-26(5) requires an official mark applied under subsection 5-26(1) or (3) to the carcases or carcase parts to be applied as soon as practicable after the carcase or carcase parts are dressed and before they are removed from the registered establishment where they are dressed.
Subsection 5-26(6) requires an official mark applied under subsection 5-26(1) or (3) to the carcases or carcase parts to be applied to a conspicuous part of:
· each carcase or carcase part; or
· a label attached to the carcase or carcase part; or
· the packaging of the carcase or carcase part.
This is to ensure that the official mark is visible during handling of the prescribed meat or meat products that are carcases or carcase parts.
Subsection 5-26(7) has the effect that the requirements in section 5-26 do not apply in relation to prescribed meat or meat products that are carcases or carcase parts if the carcases or carcase parts are packed in cartons at the registered establishment, and the approved arrangement that covers operations to prepare the carcases or carcase part for export provides that section 5-26 does not apply.
This allows for integrated establishments, whereby the establishments are set up as to allow the carcases or carcase parts to be packed into cartons after dressing, bypassing the requirement for the official mark to be directly stamped onto the carcases or carcase parts. This allows market access to be maintained in relation to importing countries that do not support the use of marks applied directly to meat.
The note following subsection 5-23(7) notifies the reader that if section 5-26 does not apply in relation to the carcases or carcase parts, an official mark must, under section 5-27, be applied to each carton in which the carcases or carcase parts are packed before the carton is removed from the registered establishment where it was packed.
5-27 Cartons containing prescribed meat or meat products
Section 5-27 provides details of the official mark that must be applied to prescribed meat or meat products packed in cartons, and when and where the official mark must be applied.
Subsection 5-27(1) provides that an Australia Inspected official mark must be applied to each carton in which prescribed meat or meat products are packed when the goods have been passed as fit for human consumption by an authorised officer.
Subsection 5-27(2) provides that an Australia Approved official mark must be applied to each carton in which prescribed meat or meat products are packed when:
· the meat or meat products have been passed by a State or Territory meat safety inspector as fit for human consumption; and
· the approved arrangement provides for operations to prepare the meat or meat products for export to be carried out under a State or Territory inspection and audit arrangement; and
· the meat or meat products are intended to be exported; and
· the relevant importing country authority specifies that the Australia Approved official mark may be applied to the meat or meat products.
This means that which official mark is required to be applied to the carton will depend on who passed the prescribed meat or meat products in the carton as fit for human consumption.
The first note following both subsections 5-27(1) and (2) refer the reader to section 8-26 of the Meat Rules, which sets out which persons can apply the official mark.
The second note following both subsections 5-27(1) and (2) notes that importing countries may require additional marks to be applied to the cartons containing prescribed meat or meat products.
Subsections 5-27(3) and (4) set out how and when the official mark required by section5‑27 must be applied. The official mark must be applied to the carton as soon as practicable after it is packed and before the carton is removed from the establishment where it was packed, and must be applied to the same end of the carton as the trade description required under subsection 5-23(1) and in a location that is conspicuous during handling.
Subsection 5-27(5) clarifies that the requirements of section 5-27 apply in addition to those in section 5-26, except where subsection 5-26(7) has the effect that section 5-26 does not apply to the particular prescribed meat or meat products.
The note following subsection 5-27(5) provides that section 5-27 does not apply to a carton in which prescribed meat or meat products are packed to which section 5-28 applies.
The purpose of this section is to maintain market access and to provide that the official mark is applied in a way that is visible, secure and maintains the integrity of the goods.
5-28 Cartons containing prescribed meat products that contain imported meat or meat products
Section 5-28 provides details of the official mark that must be applied to meat products packed in cartons if the products contain meat or meat products previously imported into Australia for further processing, and when and where that official mark must be applied.
Subsection 5-28(1) requires an Australia Approved official mark to be applied to each carton in which prescribed meat products are packed if:
· the meat products contain meat or meat products not prepared at a registered establishment that were previously imported into Australian territory for further processing at a registered establishment; and
· the meat products are packed on or after 1 October 2021 and are intended to be exported, and
· the relevant importing country authority for the meat products specifies that the Australian Approved official mark may be applied to the meat products.
The first note following subsection 5-28(1) explains that the official mark must be applied by a person referred to in subsection 8-26(2).
The second note following 5-28(1) alerts the reader that in addition to the official mark, an importing country may require that another mark be applied to a carton containing prescribed meat products.
Subsection 5-28(2) requires an Australia Approved official mark to be applied to the carton as soon as practicable after it is packed and before it is removed from the registered establishment where it was packed.
Subsection 5-28(3) requires the Australia Approved official mark to be applied to the same end panel of the carton as the trade description required under subsection 5-23(1) and in a location that is conspicuous during handling.
Subsection 5-28(4) provides that section 5-27 does not apply to a carton in which prescribed meat or meat products are packed to which section 5-28 applies.
The purpose of this section is to maintain market access and to provide that the official mark is applied in a way that is visible, secure and maintains the integrity of the goods.
5-29 Halal meat
Subsection 5-29(1) provides that the Halal meat official mark must be applied to Halal meat derived from animals slaughtered in accordance with the requirements in the approved arrangement covering operations to prepare Halal meat for export.
The first note following subsection 5-29(1) directs the reader to subsection 8-27(2) of the Meat Rules and notifies the reader that the Halal meat official mark must not be applied to non-Halal meat.
The second note following subsection 5-29(1) explains that the Halal meat official mark must be applied by a person referred to in subsection 8-26(2) of the Meat Rules.
The third note following subsection 5-29(1) refers the reader to section 5-35 of the Meat Rules, which deals with maintaining the integrity of Halal meat.
Subsection 5-29(2) requires the Halal meat official mark to be applied to the Halal meat before it is removed from the registered establishment where the animal from which it was derived was slaughtered.
Subsection 5-29(3) requires that the Halal meat official mark must be applied to a conspicuous part of either the Halal meat, a label or tag attached to the Halal meat, or the packaging containing the Halal meat, so that the official mark is visible during handling.
Subsection 5-29(4) provides that these requirements are in addition to the requirements set out in sections 5-26 and 5-27.
5-30 State or Territory classification marks must not be applied
Section 5-30 provides that prescribed meat or meat products for export must not bear a mark indicating a classification under State or Territory law. This is necessary to differentiate between the domestic market and export market for meat and meat products.
Subdivision F—Segregation, identification, security, traceability and integrity
Subdivision F (sections 5-31 to 5-37) sets out the conditions that apply to approved arrangements for prescribed meat or meat products in respect of segregation, identification, security, traceability and integrity.
5-31 Segregation, identification, security and traceability—general
Section 5-31 provides the general requirements for segregation, identification, security, and traceability of prescribed goods during preparation and transportation.
Specifically, to the extent necessary to ensure that one or more objects of the Act are met, animals from which meat or meat products are to be derived and meat and meat products meeting a particular description:
· must be identified and segregated during preparation and transportation from other animals or from meat or meat products not meeting that description; and
· must not be confused with other animals or with meat or meat products not meeting that description; and
· must be prepared and transported under conditions of security.
Section 5-31 further sets out the general requirement that, to the extent necessary to ensure that one or more of the objects of the Act are met, inventory controls and tracing systems must be maintained.
This requirement means that animals, meat, and meat products are accurately identified and segregated from different kinds of animals and meat products and if necessary, can be effectively recalled. This is important for ensuring prescribed meat or meat products are fit for human consumption, maintain their integrity, meet the requirements of the Act and will meet importing country requirements.
The first note following section 5-31 uses the example of separate identification and segregation of inedible material, which is required by section 5-33.
The second note following section 5-31 refers the reader to section 5-45 of the Meat Rules, which sets requirements for inventory controls.
The third note following section 5-31 refers the reader to section 16 of the Australian Meat Standard, which deals with tracing systems for recall purposes.
5-32 Establishments where meat or meat products that are not for export etc. are prepared
Section 5-32 provides for segregation, identification and security in establishments where meat or meat products that are not for export are prepared. These conditions are necessary to ensure the wholesomeness and integrity of the prescribed meat or meat products for export as food.
Subsection 5-32(1) prohibits operations to prepare prescribed meat or meat products for export as food at the same establishment as operations to prepare meat or meat products that are not for export, or are for animal food or as pharmaceutical material. This is the general rule.
However, subsection 5-32(2) provides an exception to the general rule, in that the prohibition in subsection 5-32(1) does not apply if the operations to prepare meat or meat products that are not for export, or are for animal food or as pharmaceutical material are carried out in accordance with an approved arrangement, and the wholesomeness and integrity of the prescribed meat or meat products are not jeopardised.
Subsection 5-32(3) requires procedures (including systems of controls) for the segregation, identification and security of prescribed meat or meat products must be sufficient to ensure their wholesomeness and integrity during packing, storing, handling and loading.
This is to ensure the prescribed meat or meat products are not contaminated by meat or meat products for use as animal food or as pharmaceutical material and to maintain the integrity of meat.
The note following subsection 5-32(3) refers the reader to clause 5.3 and section 17 of the Australian Meat Standard, which deal with cross-contamination, animal food, and pharmaceutical products.
5-33 Integrity—general
Section 5-33 sets requirements in relation to the integrity and identity of prescribed meat and meat products prepared for export in accordance with an approved arrangement within a registered establishment. These rules are necessary to ensure the wholesomeness and integrity of the prescribed meat and meat products for export as food.
Subsection 5-33(1) provides a general requirement that the integrity of prescribed meat or meat products to be exported as food must be able to be ensured.
Subsection 5-33(2) provides (without limiting subsection 5-33(1)) specific requirements for ensuring the integrity of prescribed meat or meat products for export as food. Specifically, the prescribed meat or meat products must not be compromised by the presence of:
· meat or meat products (including animal intestines for further processing) that were previously not prepared at a registered establishment;
· meat or meat products that are not for export or have left the export system;
· any parts of an animal that are inedible (including any parts of an animal received for the purpose of inedible rendering or disposal by incineration);
· meat or meat products that are brought to an establishment but are not removed or unloaded from the conveyance that transported them there;
· animals or meat or meat products that are retained for further inspection tests or treatment; or
· meat or meat products that are animal food or pharmaceutical material.
The note following subsection 5-33(2) refers the reader to section 12 of the Act for the definition of conveyance. Conveyance means an aircraft, a vessel, a vehicle, or any other means of transport prescribed by the rules.
Subsection 5-33(3) requires the meat or meat products that were previously not prepared at a registered establishment, that are not for export, or that have left the export system, to be able to be readily distinguished from prescribed meat or meat products for export during concurrent boning and must be segregated at all times. Concurrent boning refers to when prescribed and non-prescribed meat and meat products are being boned within the same establishment and at the same time.
Subsection 5-33(4) has the effect that the requirement that prescribed meat or meat products for export must be segregated at all times from meat or meat products that were not prepared at a registered establishment, that are not for export, or that have left the export system, does not apply in relation to casings prepared at premises that are not a registered establishment.
Subsection 5-33(5) requires the identity of prescribed meat or meat products to be readily ascertainable and not to be lost or confused with the identity of any other meat or meat products.
5-34 Identification—type of animal
Subsection 5-34(1) requires a kind of prescribed meat or meat products to be derived from the type of animal they purport to be derived from.
The first note following subsection 5-34(1) refers the reader to section 1-5 of the Meat Rules for the definition of animal.
The second note following subsection 5-34(1) provides that examples of types of animals are cattle, bison or goats.
Subsection 5-34(2) clarifies, for the avoidance of doubt, that a kind of prescribed meat or meat products are not derived from the type of animal they purport to be derived from if meat or meat derived from another type of animal (within the ordinary meaning of animal) are substituted wholly or partly for the relevant meat or meat product. For example, veal meat cannot be substituted with lamb meat in any circumstance.
5-35 Integrity and identification—Halal meat
Section 5-35 provides that the integrity of Halal meat must be able to be ensured. Halal meat must be identified as such and kept physically separate from products that are not Halal meat. This ensures that the integrity of Halal meat is maintained, and that the meat continues to meet importing country requirements.
The first note following section 5-35 refers the reader to section 5-45 of the Meat Rules which deals with requirements for inventory controls.
The second note following section 5-35 notifies the reader that the importing country may require that prescribed meat or meat products derived from porcine animals not be transported in the same meat transport vehicle or the same container system unit as Halal meat. The note further explains that, under section 5-5 of the Meat Rules, meeting importing country requirements is a condition of the approved arrangement for operations to prepare the Halal meat for export and, under paragraph 5-2(4)(e) of the Meat Rules, the approved arrangement is required to provide for this kind of importing requirement.
5-36 Export market eligibility
Subsection 5-36(1) provides that export market eligibility for prescribed meat or meat products must be maintained.
Subsection 5-36(2) requires prescribed meat or meat products that are not eligible for all export markets to be identified (so that their export market eligibility can be ascertained) and segregated from meat and meat products with different export market eligibility.
5-37 Action if prescribed meat or meat products are unwholesome or integrity etc. cannot be ensured
Section 5-37 details the action required if prescribed meat or meat products are or have become unwholesome or that their integrity, traceability or identity cannot be ensured or an importing country requirement in relation to the meat or meat product can no longer be met.
Section 5-37(1) has the effect that the requirements in section 5-37 applies where the holder of an approved arrangement for operations to prepare prescribed meat or meat products for export at a registered establishment reasonably believes any of the following circumstances exist:
· there is, or there will be, a failure to meet importing country requirements relating to the prescribed meat or meat products prepared for export at the registered establishment;
· prescribed meat or meat products prepared for export at the registered establishment in accordance with the approved arrangement are unwholesome or have deteriorated;
· the identification, traceability or integrity of the prescribed meat or meat products prepared for export at the registered establishment in accordance with the approved arrangement cannot be ensured;
· there is, or there has been, a failure of a procedure or another circumstance occurs or has occurred, at the registered establishment that has affected or could affect the wholesomeness or integrity of the prescribed meat or meat products; or caused or could cause the prescribed meat or meat products at the registered establishment to deteriorate; or
· the information and declarations required by subsection 5-38(1) in relation to a consignment of prescribed meat or meat products that were transferred to the registered establishment were not given to the occupier of the receiving establishment, or did not accompany the consignment, or were inaccurate or incomplete.
The first note following subsection 5-37(1) explains that meat and meat products may have deteriorated but still be wholesome, if for example, refrigeration requirements are not met.
The second note following subsection 5-37(1) refers the reader to clause 6.4 of the Australian Meat Standard.
Subsection 5-37(2) requires the holder of the approved arrangement, as soon as practicable after becoming aware of the existence of a circumstance in subsection 5-37(1), to identify the affected prescribed meat or meat products and notify an authorised officer of the circumstance. The prescribed meat or meat products must be held separately under conditions of security until an authorised officer applies a disposition to the meat or meat products under section 9-32 of the Meat Rules, or notifies the holder of an approved arrangement what action must be taken in relation to the meat or meat products.
The note following subsection 5-37(2) refers the reader to clause 15.13 of the Australian Meat Standard, which contains similar requirements.
Subsection 5-37(3) provides if the holder of an approved arrangement gives a notification under subsection 5-37(2) orally, they must, as soon as practicable after giving the notification, also give the notification in writing.
Section 5-37 provides flexibility and minimises costs as it allows for products that do not initially meet integrity requirements to be exported if the integrity can be re‑established.
Subdivision G—Transfers
Subdivision G (sections 5-38 and 5-39) imposes conditions on approved arrangements relating to the transfer of prescribed meat or meat products from one registered establishment to another registered establishment.
5-38 Information and declarations relating to transferred prescribed meat or meat products
Section 5-38 details the information and declarations that are required to be given when a consignment of prescribed meat or meat products is transferred from one registered establishment (the transferring establishment) to another registered establishment (the receiving establishment). The information and declarations are necessary to ensure the integrity of prescribed meat or meat products that are transferred between registered establishments, and to ensure full traceability of prescribed meat or meat products to meet requirements.
Subsection 5-38(1) specifies the information and declarations that must be given to the occupier of the receiving establishment. This is as follows:
· a full description of the meat or meat products in the consignment and its quantity, information about storage conditions (i.e. whether the meat or meat products are chilled, frozen or shelf-stable);
· the name, address and registration number of both the transferring and receiving establishments;
· the date or dates when operations to prepare the meat or meat products (other than storing, handling or transporting) were last carried out before the transfer;
· the number and kind of packages (if the meat or meat products are in packages);
· the identification of the conveyance used to transport the meat or meat products;
· a description of any means of security applied to the meat or meat products;
· and the name of each importing country for which applicable importing country requirements have been met;
· a declaration to the effect that, at the date the declaration was made, the prescribed export conditions and any other relevant conditions of the Act have been complied with, and any relevant importing country requirements have been met; and
· a declaration stating that all of the information given in relation to the consignment is true and complete.
The first note following subsection 5-38(1) refers the reader to the definition of conveyance in section 12 of the Act.
The second note following subsection 5-38(1) refers the reader to subsections 5-38(2) and (4) for matters relating to the declarations referred to in paragraphs 5-38(1)(k) and (l).
Subsection 5-38(2) provides that the information and declarations specified in subsection 5-38(1) must be in writing and in a form approved by the Secretary. The information and declarations must be provided to the occupier of the receiving establishment either when the consignment leaves the transferring establishment or accompany the consignment when it arrives at the receiving establishment.
The first note following subsection 5-38(2) refers the reader to the United Nations Rules for Electronic Data Interchange for Administration, Commerce and Transport. These Rules can be accessed from the United Nations Economic Commission for Europe website (https://www.unece.org), which deals with electronic message formats.
The second note refers the reader to section 9 of the Electronic Transactions Act 1999, regarding the requirements to give information (including a declaration) in writing (see section 10 of that Act for electronic signatures).
Subsection 5-38(3) requires a declaration referred to in subsection 5-38(1) in relation to a consignment of prescribed meat or meat products to be made by either:
· the holder of the approved arrangement for operations to prepare the meat or meat products for export at the transferring establishment; or
· a person who manages or controls those operations at the transferring establishment if the relevant approved arrangement provides for export inspection procedures that include the making of the declaration in relation to meat or meat products and allows for a designated person to make the declaration.
The note following subsection 5-38(3) notifies the reader that the approved arrangement needs to cover an alternative inspection arrangement if the relevant importing country authority requires an alternative inspection arrangement.
Section 5-38(4) provides that a declaration referred to in subsection 5-38(1) in relation to a consignment of prescribed meat or meat products must not be made if there are no reasonable grounds for making it, must not be false or misleading, and must be signed and dated by the person who made the declaration.
The first note following subsection 5-38(4) refers the reader to sections 171 and 179 of the Act which deals with suspension and revocation of the approved arrangement if the requirements referred to in section 5-38 are not met.
The second note following subsection 5-38(4) alerts the reader that a person may commit an offence or be liable to a civil liability for providing false or misleading information or documents. The reader is directed to sections 137.1 and 137.2 of the Criminal Code and sections 368 and 369 of the Act.
5-39 Information and declarations not received or inaccurate or incomplete
Section 5-39 sets out what action must be taken if a consignment is transferred to a receiving establishment, and the information and declarations required under section 5-38 are not given to the occupier of the receiving establishment as required by that section, or are inaccurate or incomplete.
In such circumstances, the meat or meat products must be held at the receiving establishment under conditions of security and must not be dealt with further for export as food, until written approval to do so is given by an authorised officer. The meat or meat products must also be identified as not for export as food and be segregated from prescribed meat and meat products. This ensures the integrity of prescribed meat or meat products for export.
Subdivision H—Meat or meat products for export to the European Union as food
Subdivision H (sections 5-40 to 5-42) imposes additional conditions on approved arrangements relating to prescribed meat or meat products that are for export to the European Union as food.
5-40 Admission of bovine animals to registered establishment
Section 5-40(1) prohibits a bovine animal (other than a bobby calf) from being admitted to a registered establishment for slaughter for the purpose of deriving EU export meat, unless at the time of the animal’s admission the animal is identified with an identification tag and an EU vendor declaration for the animal accompanies the animal.
The first note following subsection 5-40(1) explains that an EU vendor declaration may be in any form that is approved by the Secretary, and refers to the definition of the terms in section 1-5 of the Meat Rules.
The second note following subsection 5-40(1) notifies the reader that under sections 271 and 272 of the Act, the occupier of the registered establishment or the holder of the approved arrangement may be required to produce the declaration for the purposes of an audit.
Section 5-40(2) prohibits a bovine animal (other than a bobby calf) from being presented to a registered establishment for ante-mortem inspection or slaughter for the purpose of deriving EU export meat unless:
· the requirements of subsection 5-40(1) relating to the animal are met at the time of admission to the registered establishment; and
· at the time of presentation for inspection or slaughter (as the case may be), the animal identification tag has not been removed from the animal.
5-41 Animals must be HGP-free
Subsection 5-41(1) provides that bovine animals treated with a hormonal growth promotant (HGP) must not be slaughtered for the purpose of deriving meat or meat products for export to a member state of the European Union as food.
Subsection 5-41(2) provides that meat or meat products for export to a member state of the European Union as food must not be derived from a bovine animal that has been treated with an HGP.
The note following section 5-41 refers the reader to section 3-2 of the Meat Rules which provides for when a bovine animal is taken to have been treated with HGP.
5-42 Animals must be sourced from an accredited property
Section 5-42 requires bovine animals (other than bobby calves) from which prescribed meat or meat products are to be derived for export to a member state of the European Union as food to be sourced only from an accredited property.
This ensures the individual identification of bovine animals slaughtered for the EU market are able to be traced through the supply chain and that bovine animals for export to a member state of the European Union have not been treated with an HGP.
Subdivision I—Meat inspection services
Subdivision I (section 5-43) imposes conditions on approved arrangement relating to meat inspection services for prescribed meat or meat products.
5-43 Authorised officer must be present while certain export operations are carried out
Subsection 5-43(1) has the effect that the requirements in section 5-43 apply in relation to an approved arrangement for operations to prepare prescribed meat or meat products for export at a registered establishment if the approved arrangement either:
· provides that an authorised officer must be present at the establishment while operations of that kind are being carried out; or
· is subject to a condition that requires an authorised officer to be present at the establishment while operations of that kind are being carried out.
Subsection 5-43(2) provides that export operations to prepare prescribed meat or meat products for export in accordance with such approved arrangements must not to be carried out at the registered establishment unless:
· meat inspection services have been allocated to the establishment under Part 6 of Chapter 4 of the Meat Rules (registered establishments); and
· there is a memorandum of agreed intent between the occupier of the establishment and the Secretary regarding that allocation of meat inspection services; and
· an authorised officer is present at the establishment.
Meat inspection services are required as part of ensuring the safety, suitability and integrity of prescribed meat or meat products for export.
Subdivision J—Management practices
Subdivision J (sections 5-44 to 5-47) imposes conditions on an approved arrangement relating to management practices for operations to prepare prescribed meat or meat products for export.
The note at the start of Subdivision J explains that Subdivision C of Division 2 of Part 2 of Chapter 5 of the Meat Rules deals with the management practices for approved arrangement for Halal meat certification operations.
5-44 Management practices, organisational structure, resources and personnel
Subsection 5-44(1) requires the holder of an approved arrangement to ensure that the management practices, organisational structure, resources provided to carry out export operations and personnel who carry out those export operations (and the training those personnel receive) are appropriate to ensure:
· compliance with the requirements of the Act in relation to the export operations and prescribed meat or meat products covered by the approved arrangement; and
· importing country requirements relating to the export operations and the prescribed meat or meat products are met.
Subsection 5-44(2) provides that the holder of the approved arrangement must also make a written record of the management practices, organisational structure, resources and personnel (and the training they receive) referred to in subsection 5-44(1).
The first note following subsection 5-44(2) refers the reader to subsection 11-9(2) of the Meat Rules which provides that the required records must be kept for at least 2 years.
The second note following subsection 5-44(2) refers the reader to the Electronic Transactions Act 1999 in respect of making electronic records.
5-45 Verification of compliance with the Act and other matters
Section 5-45 details the matters that must be verified, the requirement for a record of verification, and the necessary inventory controls to verify compliance.
Subsection 5-45(1) provides that the holder of an approved arrangement must verify that carrying out export operations at a registered establishment in accordance with the approved arrangement will ensure compliance with the applicable requirements of the Act, the conditions in Subdivisions B to H of Division 2 of Part 1 of Chapter 5, and section 5-44 of the Meat Rules. This verification is necessary to demonstrate compliance with the regulatory controls in the Act.
Subsection 5-45(2) provides that a written record must be made of the methods, procedures, tests, monitoring and other evaluations used to verify compliance with the matters referred to in subsection 5-45(1), and the results of the verification.
The note following subsection 5-45(2) explains that the holder of the approved arrangement must retain each record made under subsection 5-45(2) for a period of at least 2 years.
Subsection 5-45(3) provides that the necessary inventory controls must be used in verifying compliance with the matters referred to in paragraphs 5-45(1)(b) and (c), being the conditions in Subdivisions B to H of Division 2 of Part 1 of Chapter 5, and section 5-44 of the Meat Rules.
Subsection 5-45(4) requires the inventory controls to be in writing, comprehensive and able to be audited under Part 1 of Chapter 9 of the Act and as required by section 5-47 of the Meat Rules.
Subsection 5-45(5) sets out details of the minimum of what the inventory controls must include, including records of:
· the number of animals of different types slaughtered at the registered establishment in accordance with the approved arrangement and their origin and lot; and
· the prescribed meat or meat products received at the registered establishment in accordance with the approved arrangement and the prescribed meat or meat products prepared for export at the registered establishment in accordance with the approved arrangement (including, for both, their description and quantity, origin and location, and also, for prescribed meat or meat products prepared for export at the registered establishment, their item and lot); and
· all meat or meat products removed from the registered establishment in accordance with the approved arrangement, preparation details and their destination; and
· all meat or meat products at the registered establishment that are not intended to be removed from the registered establishment (for example, meat or meat products no longer intended for export and destroyed at the establishment) (including their description and the quantities of each description).
The inventory controls must also include, as a minimum, a reconciliation of the animals and prescribed meat or meat products and records, a record of quantities of nitrite received at the establishment, used to prepare meat or meat products for export at the establishment and removed from or destroyed at the establishment, and a weekly reconciliation of the quantities of nitrite.
The note following subsection 5-45(5) provides examples of types of animals are cattle, bison or goats.
5-46 Action must be taken to address non‑compliance
Subsection 5-46(1) provides that corrective action must be taken to address any non-compliance or likely non-compliance with the matters referred to in subsection 5-45(1) in carrying out export operations in relation to prescribed meat or meat products in accordance with an approved arrangement. Corrective action must also be taken to ensure that the non-compliance does not occur again, or that the likely non‑compliance is avoided. The effectiveness of the corrective action must be assessed.
Subsection 5-46(2) provides that the holder of the approved arrangement must make a written record of the corrective action taken to address non- compliance and ensure that the non-compliance does not recur or occur, and the assessment of the effectiveness of the corrective action.
The note following subsection 5-46(2) refers the reader to subsection 11-9(2) of the Meat Rules, which has the effect that the holder of the arrangement must keep the required record for a period of at least 2 years.
5-47 Internal audit and management review
Section 5-47 sets out the requirements for internal audits and management practice reviews, the records that must be made, and when internal audits are not required.
Subsection 5-47(1) requires internal audits and management reviews to be conducted at a registered establishment. The purpose of the internal audits and management reviews are to measure the effectiveness of the management practices of the holder of an approved arrangement in ensuring compliance with the matters referred to in subsection 5-45(1).
The note following subsection 5-47(1) explains that an internal audit for the purposes of section 5-47 is not an audit under Part 1 of Chapter 9 of the Act.
Subsection 5-47(2) provides that internal audits are not required to be conducted if fewer than 3 people are employed at the registered establishment in accordance with the approved arrangement and management reviews are conducted in accordance with the approved arrangement. This is because an internal audit cannot be effectively undertaken where there are fewer than 3 people employed at the registered establishment. However, management reviews are still necessary.
Subsection 5-47(3) requires a written record to be made of each internal audit and management review undertaken under subsection 5-47(1). The record must contain the results of the internal audit or management review and each decision (if any) made or action taken as a result of an internal audit or management review.
The note following subsection 5-47(3) refers the reader to subsection 11-9(2) of the Meat Rules, which has the effect that the holder of the arrangement must keep the required record for a period of at least 2 years.
Division 3—Renewal of approved arrangement
Division 3 sets out requirements relating to the renewal of an approved arrangement for operations to prepare prescribed meat or meat products for export at a registered establishment.
5-48 Period within which application to renew approved arrangement must be made
Section 155 of the Act deals with an application to renew an approved arrangement. Subsection 155(2) allows the holder of an approved arrangement to apply to the Secretary to renew the approved arrangement. Subsection 155(4) requires an application for renewal to be made within the period prescribed by the rules (paragraph 155(4)(a)) or a longer period if allowed by the Secretary (paragraph 155(4)(b)).
Section 5-48 prescribes, for the purposes of paragraph 155(4)(a) of the Act, that an application to renew an approved arrangement for a kind of export operations in relation to prescribed meat or meat products (other than Halal meat certification operations) must be made in the period that is between 180 days and 120 days before it is due to expire.
The purpose of providing a specific timeframe for allowing applications to be made is to give the Secretary sufficient time to consider an application before a decision is required to be made. Requiring a person to apply for renewal at between 180 and 120 days before the expiry date ensures that the Secretary has sufficient time to decide the application before the approval expires.
The first note following section 5-48 provides an example if an approved arrangement expires on 8 July in a year (other than a leap year), an application for renewal can be made at any time between 9 January and 10 March in that year.
The second note following section 5-48 explains that under the subsection 155(1) of the Act, applications to renew will only need to be made for approved arrangements that have an expiry date.
Division 4—Variation of approved arrangement
Division 4 (sections 5-49 to 5-51) sets out requirements relating to the variation of an approved arrangement for operations to prepare prescribed meat or meat products for export at a registered establishment.
Subdivision A—Variations by holder
5-49 Requirements that must be met for variation to be approved or conditions varied
Section 161 of the Act deals with varying an approved arrangement. Subsection 161(1) allows the holder of an approved arrangement to apply to the Secretary to approve a variation of the approved arrangement in the following circumstances:
· where the proposed variation is to implement an alternative regulatory arrangement approved under paragraph 379C(1)(a) of the Act;
· where the holder and the Secretary consider that the proposed variation is significant;
· where the proposed variation is to the conditions of the approved arrangement.
Subsection 161(3) of the Act allows the Secretary to refuse to approve the variation if the Secretary is not satisfied of one or more of the requirements listed in that subsection. Paragraph 161(3)(c) allows the rules to prescribe additional requirements.
Subsection 5-49(1) is made for the purposes of subsection 161(1) of the Act. It applies in relation to an application to approve a variation of an approved arrangement for operations to prepare prescribed meat or meat products for export, or to vary the conditions of such an arrangement, but only if the application has been made because the relevant importing country authority does not require:
· one or more applicable requirements (the relevant requirements) in the Australian Meat Standard to be met; or
· compliance with one or more of the conditions (the relevant conditions) in Subdivisions C to H of Division 2 of Part 1 of Chapter 5 of the Meat Rules (sections 5‑7 to 5-42 of the Meat Rules) to be met;
and the relevant importing country authority instead has a different requirement that must be met for the prescribed meat or meat products.
The note following subsection 5-49(1) notifies the reader that a variation of an approved arrangement, or of the conditions of an approved arrangement, may be needed to implement an alternative regulatory arrangement approved under section 379C(1)(a) of the Act or another significant variation (directing the reader to Subdivisions B and C of Division 1 of Part 4 of Chapter 5 of the Act).
Subsection 5-49(2) provides, for the purposes of paragraph 161(3)(c) of the Act, that the Secretary may refuse to approve the variation if not satisfied that:
· compliance with the different importing country requirement will not result in the relevant requirements being met or the relevant conditions being complied with; and
· 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
· that system of controls will be implemented in accordance with the approved arrangement.
These measures are necessary so that the relevant importing country requirements are met and that market access to the importing country is enabled and maintained.
5-50 Significant variations
Section 164 of the Act lists the matters the holder of the approved arrangement and the Secretary must have regard to in considering whether a proposed variation, or the combined effect of 2 or more variations, is significant. Subparagraph 164(2)(c)(ii) allows the rules to prescribe kinds of variations.
Section 5-50 prescribes, for the purposes of paragraph 164(2)(c)(ii) of the Act, the following kinds of variations in relation to an approved arrangement for a kind of export operations in relation to prescribed meat or meat products (other than an approved arrangement for Halal meat certification operations). The prescribed variations are:
· a variation of the person who manages or controls the export operations;
· a variation of the functions a person is permitted to perform in accordance with the approved arrangement, including making declarations, manufacturing, supplying, possessing, applying, altering or interfering with an official mark, applying a resemblance, or manufacturing, supplying or possessing an official marking device;
· a variation of the export operations that might jeopardise the wholesomeness of the prescribed meat or meat products or affect the ability to ensure their integrity, or that might adversely affect the ability to assess whether the wholesomeness of the prescribed meat or meat products has been jeopardised;
· a variation that will provide for operations to prepare meat or meat products that are not for export or are for animal food or pharmaceutical material to be carried out at the registered establishment as well as operations to prepare prescribed meat or meat products for export;
· a variation that will provide for a technique to be implemented in carrying out operations to prepare the prescribed meat or meat products for export that is different from the technique required to be implemented by the Australian Meat Standard; and
· a variation that relates to or varies a variation of the approved arrangement implementing an alternative regulatory arrangement approved under paragraph 379C(1)(a) of the Act in relation to operations to prepare prescribed meat or meat products for export.
Prescribing these variations is a transparency measure to assist industry to determine which variations are significant and to reassure importing countries of the integrity of approved arrangements for prescribed meat or meat products.
The first note following section 5-50 refers to the reader to section 21 of the Act, for a person who is taken to be a person who manages or controls export operations.
The second note following section 5-50 refers the reader to section 1-9 of the Meat Rules in relation to paragraph 5-50(e).
Subdivision B—Variations required by Secretary
5-51 Other reasons for requiring holder to vary approved arrangement
Subsection 165(1) of the Act allows the Secretary to make certain variations of an approved arrangement on their own initiative (including by requiring the holder of the approved arrangement to vary an aspect of the approved arrangement).
Subsection 165(2) of the Act sets out the grounds on which the Secretary must be satisfied before varying an approved arrangement under subsection 165(1). Paragraph 165(2)(h) enables the rules to prescribe additional grounds for the variation of an approved arrangement.
Section 5-51 provides, for the purposes of paragraph 165(2)(h) of the Act, that the Secretary may require the holder of an approved arrangement for operations to prepare prescribed meat or meat products to vary an aspect of the arrangement under paragraph 165(1)(a) of the Act in certain circumstances. This is if the Secretary is no longer satisfied that compliance with the system of controls in the approved arrangement will ensure there will be reasonable grounds to issue:
· an export permit for prescribed meat or meat products prepared in accordance with the approved arrangement; or
· a government certificate for prescribed meat or meat products that are prepared in accordance with the approved arrangement.
Part 2—Approved arrangements for Halal meat certification operations
Division 1 – Requirements for approval
5-52 Purpose of this Division
Subsection 151(1) of the Act provides that, on receiving an application under section 150 of the Act to approve a proposed arrangement, the Secretary must decide to approve the arrangement or refuse to approve the arrangement. Paragraph 151(2)(d) of the Act provides that the Secretary may approve the proposed arrangement if the Secretary is satisfied that (in addition to the requirements set out in paragraphs 151(2)(a) to (c) of the Act and having regard to any matter the Secretary considers relevant) any other requirement prescribed by the rules has been met.
Section 5-52 provides that Division 1 of Part 2 of Chapter 5 (sections 5-52 to 5-53) of the Meat Rules prescribes, for the purposes of paragraph 151(2)(d) of the Act, additional requirements of which the Secretary must be satisfied before approving a proposed arrangement for Halal meat certification operations.
The note following section 5-52 notifies the reader that it is also a requirement for the applicant to be a fit and proper person (see paragraph 151(2)(a) of the Act and section 5‑66 of the Meat Rules).
5-53 Other requirements—proposed arrangement for Halal meat certification operations
Subsection 5-53(1) requires the applicant for approval of the proposed arrangement for Halal meat certification operations to be an Islamic organisation.
The note following subsection 5-53(1) directs the reader to section 1-5 of the Meat Rules for the definition of Islamic organisation. Islamic organisation means a person or body that is recognised by a relevant importing country authority as a person or body that may carry out Halal meat certification operations in relation to prescribed meat or meat products for importation into that country from Australian territory.
Subsection 5-53(2) provides that the proposed arrangement must record that the applicant for approval of the arrangement is committed to:
· meeting the objects in section 3 of the Act that are applicable to the operations and the prescribed meat or meat products to be covered by the arrangement; and
· complying with the requirements of the Act in relation to those operations.
Subsection 5-53(3) requires that the proposed arrangement to cover all aspects of the Halal meat certification operations that are to be carried out.
Subsection 5-53(4) requires the proposed arrangement to:
· identify each importing country requirement relating to the Halal meat certifications operations to be carried out; and
· record details of the system of controls to be implemented to ensure that each of those importing country requirements will be met; and
· record details of the system of controls to be implemented by the Islamic organisation that is to carry out the Halal meat certification operations to ensure that:
o the applicable requirements of the Act in relation to the Halal meat certification operations will be complied with; and
o there will be reasonable grounds for Halal certificates to be issued.
The note following subsection 5-53(4) explains that, under section 2-13 of the Meat Rules, a Halal certificate is issued jointly by an Islamic organisation and the Secretary.
Subsection 5-53(5) requires each person carrying out the Halal meat certification operations in accordance with the proposed arrangement to have the competency (for example, the knowledge, training, skills or experience) to carry out the operations.
Subsection 5-53(6) requires the Halal meat certification operations carried out in accordance with the proposed arrangement to be objective, fair, accurate and complete.
Subsection 5-53(7) provides that there must not be any reasonable grounds to believe that trade in the export from Australian territory of goods could be adversely affected if the proposed arrangement is approved.
Subsection 5-53(8) specifies a number of persons that must undertake to ensure that the Halal meat certification operations covered by the arrangement are carried out in a way that ensures that the applicable requirements of the Act will be complied with, and there will be reasonable grounds for Halal certificates to be issued. These persons are:
· the applicant;
· a person who is to manage or control the Halal meat certification operations in accordance with the proposed arrangement; and
· a person specified in the proposed arrangements who is to sign Halal certificates in relation to prescribed meat or meat products in accordance with the proposed arrangement.
Division 2—Conditions of approved arrangement
Division 2 of Part 2 of Chapter 5 (section 5-54 to 5-61) of the Meat Rules sets out the additional conditions for approved arrangements for Halal meat certification operations.
Subdivision A—Purpose of this Division
5-54 Purpose of this Division
Paragraph 152(1)(b) of the Act provides that a proposed arrangement approved by the Secretary is subject to the conditions prescribed by the rules (other than any of those conditions that the Secretary decides are not to be conditions of the approved arrangement).
Section 5-54 provides that Division 2 of Part 2 of Chapter 5 (sections 5-54 to 5-61) of the Meat Rules prescribes, for the purposes of paragraph 152(1)(b) of the Act, conditions of an approved arrangement for Halal meat certification operations.
The first note following section 5-54 explains that under paragraph 157(1)(b) of the Act, these conditions also apply in relation to a renewed approved arrangement.
The second note following section 5-54 alerts the reader that the holder of an approved arrangement may commit an offence or be liable to a civil penalty if a condition of the approved arrangement is contravened (see section 184 of the Act).
Subdivision B—Requirements
5-55 Importing country requirements must be met
Section 5-55 requires an approved arrangement for Halal meat certification operations to ensure all importing country requirements relating to Halal meat certification operations are met.
Subdivision C—Management practices
The note at the start of Subdivision C explains that management practices for approved arrangements for other kinds of export operations relating to prescribed meat or meat products, is covered in Subdivision J of Division 2 of Part 1 of Chapter 5 of the Meat Rules.
5-56 Operations must be objective, fair etc. and meet importing country requirements
Subsection 5-56(1) requires Halal meat certification operations carried out in accordance with an approved arrangement to be objective, fair, accurate and complete.
Subsection 5-56(2) requires the holder of the approved arrangement to ensure the certification operations carried out in accordance with the approved arrangement meet importing country requirements relating to Halal meat certification.
5-57 Management practices, organisational structure, resources and personnel
Subsection 5-57(1) requires the holder of an approved arrangement to ensure that the management practices, organisational structure, resources provided to carry out the Halal meat certification operations and the personnel who carry out the Halal meat certification operations (and the training they receive) are appropriate to ensure:
· compliance with the requirements of the Act in relation to the Halal meat certification operations covered by the approved arrangement; and
· that importing country requirements in relation to the Halal meat certification are met.
Subsection 5-57(2) requires the holder of an approved arrangement for Halal meat certification operations to make a written record of the management practices, organisational structure, resources provided to carry out the Halal meat certification operations, and personnel who carry out the Halal meat certification operations (and the training those personnel receive).
The first note following subsection 5-57(2) refers the reader to subsection 11-9(2) of the Meat Rules, which provides that the required records must be kept for a period of at least 2 years.
The second note following subsection 5-57(2) refers the reader to subsection 12(1) of the Electronic Transactions Act 1999 in respect of making electronic records.
5-58 Verification of compliance with the Act and other matters
Section 5-58 details the matters that must be verified and the requirement for a record of verification to verify compliance.
Subsection 5-58(1) provides that the holder of an approved arrangement must verify that carrying out Halal meat certification operations in accordance with the approved arrangements will ensure compliance with
· the applicable requirements of the Act; and
· with sections 5-55 (importing country requirements) and 5-57 (management practices, organisational structure, resources and personnel) of the Meat Rules.
This verification is necessary to demonstrate compliance with the regulatory controls in the Act.
Subsection 5-58(2) provides that a written record must be made of the methods, procedures, tests, monitoring and other evaluations used to verify compliance with the matters set out in subsection 5-58(1), and the results of the verification.
The note following subsection 5-58(2) refers the reader to subsection 11-9(2) of the Meat Rules, which provides that the required records must be kept for at least 2 years.
5-59 Action must be taken to address non-compliance
Section 5-59 provides that corrective action must be taken to address any non-compliance or likely non-compliance with the matters referred to in subsection 5-58(1) in carrying out Halal meat certification operations. Corrective action must also be taken to ensure the non-compliance does not occur again, or that the likely non‑compliance is avoided. The effectiveness of the corrective action must be assessed by the holder of the approved arrangement.
Subsection 5-59(2) provides that a written record must be made of the corrective action taken to address non- compliance and ensure that the non-compliance does not recur or occur, and the assessment of the effectiveness of the corrective action.
The note following subsection 5-59(2) refers the reader to subsection 11-9(2) of the Meat Rules, which provides that the required records must be kept for at least 2 years.
5-60 Internal audit and management review
Section 5-60 sets out the requirements for internal audits and management practice reviews, the records that must be made, and when internal audits are not required.
Subsection 5-60(1) requires internal audits and management reviews to be conducted, to measure the effectiveness of the management practices of the holder of an approved arrangement to carry out Halal meat certification operations in ensuring compliance with the matters referred to in subsection 5-58(1).
The note following subsection 5-60(1) explains that an internal audit under section 5‑60 is not an audit under Part 1 of Chapter 9 of the Act.
Subsection 5-60(2) provides that internal audits are not required to be conducted if fewer than 3 people are employed by the holder of the approved arrangement to carry out Halal meat certification operations in accordance with the approved arrangement. This is because an internal audit cannot be effectively undertaken where there are fewer than 3 people employed at the registered establishment. However, management reviews are still necessary.
Subsection 5-60(3) provides that the holder of the approved arrangement to carry out Halal meat certification operations in accordance with the approved arrangement must make a written record of each internal audit and management review undertaken under subsection 5-60(1). The record must contain the results of the internal audit or management review; and each decision (if any) made or action taken because of an internal audit or management review.
The note following subsection 5-60(3) refers the reader to subsection 11-9(2) of the Meat Rules, which provides that the required records must be kept for at least 2 years.
5-61 Secretary must be notified of critical non-compliance
Section 5-61 requires the holder of an approved arrangement to notify the Secretary immediately if any of the following persons:
· the holder of the approved arrangement;
· a person who manages or controls the operations;
· a person who carries out the operations in accordance with the approved arrangement;
· a person who conducts internal audits in relation to the operation as required by section 5-60;
becomes aware of a critical non-compliance in relation to Halal meat certification operations carried out in accordance with the approved arrangement.
Subsection 5-61(2) provides, for the purposes of subsection 5-61(1), a critical non‑compliance means a failure (or a combination of failures):
· to comply with a requirement for Halal meat provided by the Meat Rules, the approved arrangement or the conditions of the approved arrangement; or
· to meet applicable importing country requirements for Halal meat; or
· that prevents an accurate assessment being made as to whether the requirements for Halal meat provided by the Meat Rules, approved arrangement (or conditions of the approved arrangement) or the importing country requirements, are being met.
This is necessary to ensure the Secretary is aware of the non-compliance and can take the necessary action to minimise impacts on Australia’s trading reputation.
Subsection 5-61(3) provides that if the holder of an approved arrangement gives notification under subsection 5‑61(1) orally, they must, as soon as practicable after giving the notification, also give the notification in writing.
Division 3—Renewal of approved arrangement
5-62 Period within which application to renew approved arrangement must be made
Section 155 of the Act deals with an application to renew an approved arrangement. Subsection 155(2) allows the holder of an approved arrangement to apply to the Secretary to renew the approved arrangement. Subsection 155(4) requires an application for renewal to be made within the period prescribed by the rules (paragraph 155(4)(a)) or a longer period if allowed by the Secretary (paragraph 155(4)(b)).
Section 5-62 prescribes, for the purposes of paragraph 155(4)(a) of the Act, that an application to renew an approved arrangement for Halal meat certification operations must be made in the period that is between 180 days and 120 days before the approved arrangement is due to expire.
The purpose of providing a specific timeframe for allowing applications to be made is to give the Secretary sufficient time to consider an application before a decision is required to be made. Requiring a person to apply for renewal at between 180 and 120 days before the expiry date ensures that the Secretary has sufficient time to decide the application before the approval expires.
The first note following section 5-62 provides an example of how section 5-62 works in practice. For example, if an approved arrangement expires on 8 July in a year (other than a leap year), an application for renewal can be made at any time between 9 January and 10 March in that year.
The second note following section 5-62 explains that under the Act, applications to renew approved arrangements will only need to be made for approved arrangements that have an expiry date (see subsection 155(1) of the Act).
Division 4—Variation of approved arrangement
Subdivision A—Variations by holder
5-63 Significant variations
Section 164 of the Act lists the matters the holder of the approved arrangement and the Secretary must have regard to in considering whether a proposed variation, or the combined effect of 2 or more variations, is significant. Subparagraph 164(2)(c)(ii) allows the rules to prescribe kinds of variations.
Section 5-63 is made for the purposes of subparagraph 164(2)(c)(ii) of the Act and prescribes the following kinds of variations in relation to an approved arrangement for Halal meat certification operations. These prescribed variations are:
· a variation of a person manages or controls the certification operations;
· a variation of a person who may sign Halal certificates in accordance with the approved arrangement;
· a variation that may adversely affect the accuracy and completeness of any Halal certificates issued in accordance with the approved arrangement;
· a variation that may adversely affect the Secretary’s ability to accurately assess whether Halal certificates issued in accordance with the approved arrangement are accurate and complete;
· a variation that changes the holder’s training program for Muslim slaughtermen.
Prescribing these variations is a transparency measure to assist industry to determine which variations are significant and to reassure importing countries of the integrity of approved arrangements for Halal meat certification operations.
The note following section 5-63 directs the reader to section 21 of the Act which provides for a person who is taken to be a person who manages or controls export operations.
Subdivision B—Variations required by Secretary
5-64 Other reasons for requiring holder to vary approved arrangement
Subsection 165(1) of the Act allows the Secretary to make certain variations of an approved arrangement on their initiative, including by requiring the holder of the approved arrangement to vary an aspect of the approved arrangement.
Subsection 165(2) of the Act sets out the grounds on which the Secretary must be satisfied before varying an approved arrangement under subsection 165(1). Paragraph 165(2)(h) enables the rules to prescribe additional grounds for the variation of an approved arrangement.
Section 5-64 prescribes, for the purposes of paragraph 165(2)(h) of the Act, that the Secretary may require the holder of an approved arrangement for Halal meat certification operations to vary an aspect of the arrangement under paragraph 165(1)(a) of the Act if the Secretary is no longer satisfied that compliance with the system of controls in the approved arrangement will ensure there are reasonable grounds for Halal certificates to be issued.
Division 5—Obligations of holders of approved arrangements etc.
5-65 Other events of which Secretary must be notified
Section 186 of the Act requires the holder of an approved arrangement to notify the Secretary, in writing, as soon as practicable after any of the events listed in paragraphs 186(1)(a) to (e) of the Act occurs. Paragraph 186(1)(e) of the Act allows additional events to be prescribed by the rules.
Section 5-65 prescribes, for the purposes of paragraph 186(1)(e) of the Act, additional events of which the holder of an approved arrangement for Halal meat certification operations must notify the Secretary. These events are:
· a person who was permitted to sign Halal certificates in accordance with the approved arrangement ceases to do so;
· if the holder of the approved arrangement is a partnership, the partnership has been or is to be dissolved;
· if the holder of the approved arrangement is an unincorporated association, the association has been or is to be dissolved;
· if the holder of the approved arrangement is a trust, the trust has been or is to be terminated;
· the holder of the approved arrangement ceases to be an Islamic organisation.
Division 6—Fit and proper persons
5-66 Kinds of persons who are required to be fit and proper persons
Subsection 373(1) of the Act provides that the rules may prescribe kinds of persons who are required to be fit and proper persons (having regard to the matters referred to in section 372 of the Act) for the purposes of Chapters 5 of the Act (approved arrangements).
Subsection 5-66(1) provides for the purposes of subsection 373(1) of the Act, that section 5-66 prescribes kinds of persons who are required, for the purposes of Chapter 5 of the Act, to be fit and proper persons (having regard to the matters referred to in section 372 of the Act).
Subsection 5-66(2) provides, in relation to proposed arrangements for Halal meat certification operations, the kinds of persons who are required to be fit and proper persons are the applicant for approval of the arrangement, and a person who would manage or control the Halal meat certification operations (including a person who would be signing Halal certificates in accordance with the approved arrangement).
The note following subsection 5-66(2) refers the reader to section 21 of the Act for a person who is taken to be a person who would manage or control export operations.
Subsection 5-66(3) provides, in relation to approved arrangements for Halal meat certification operations, the kinds of persons who are required to be fit and proper persons are, the holder of the approved arrangement, and a person who manages or controls the Halal meat certification operations (including a person who signs Halal certificates in accordance with the approved arrangement).
The note following subsection 5-66(3) refers the reader to section 21 of the Act for a person who is taken to be a person who would manage or control export operations.
Prescribing the people who need to be fit and proper persons ensures Halal meat certification operations comply with the Act, including importing country requirements. In order to properly uphold Australia’s trading reputation these people must be trustworthy and be able to demonstrate they have the character to conduct compliant Halal meat certification operations.
Part 3—Matters relating to applications
5-67 Application of this Part
Section 5-67 sets out the applications under the Act to which the requirements in Part 3 of Chapter 5 (sections 5-67 to 5-70) of the Meat Rules apply. These applications are:
· an application under section 150 of the Act to approve a proposed arrangement for a kind of export operations in relation to prescribed meat or meat products; or
· an application under section 155 of the Act to renew a proposed arrangement for a kind of export operations in relation to prescribed meat or meat products; or
· an application under section 161 of the Act to:
o approve a variation of an approved arrangement for a kind of export operations in relation to prescribed meat or meat products;
o vary the conditions of an approved arrangement for a kind of export operations in relation to prescribed meat or meat products;
· an application that is taken to be made under subsection 166(2) of the Act to approve a varied approved arrangement for a kind of export operations in relation to prescribed meat or meat products.
The first note following section 5-67 explains that the application must be made in a manner approved by the Secretary and, if the Secretary has approved a form for the application, must include the information required by the form (see paragraphs 377(1)(a) and (b) of the Act).
The second note following section 5-67 explains that the Secretary may accept any information previously given to the Secretary in connection with an application made under the Act as satisfying any requirement to give that information under subsection 377(1) of the Act.
5-68 Documents to accompany application relating to Halal meat certification operations
Section 377 of the Act provides for the requirements for applications. Paragraph 377(1)(d) provides that an application must be accompanied by any documents prescribed by the rules.
Section 5-68 prescribes, for the purposes of paragraph 377(1)(d) of the Act, the documents that are required to accompany an application (other than an application referred to in paragraph 5-67(d) of the Meat Rules) relating to approved arrangements, or proposed arrangements, for Halal meat certification operations. These are a document providing evidence that the applicant is an Islamic organisation, and a copy of the proposed arrangement or approved arrangement (as the case requires).
This information is essential as it enables the Secretary to consider the application for a proposed arrangements or approved arrangement for Halal meat certification operations.
The first note following section 5-68 directs the reader to section 1-5 of the Meat Rules for the definition of Islamic organisation.
The second note following section 5-68 explains that the application must be made in a manner approved by the Secretary and, if the Secretary has approved a form for the application, must include the information required by the form (see paragraphs 377(1)(a) and (b) of the Act).
The third note following section 5-68 explains that the Secretary may accept any document previously given to the Secretary in connection with an application made under the Act, or any notice of intention to export a consignment of prescribed meat or meat products given under the Act, as satisfying any requirements to give that document under subsection 377(1) of the Act (see subsection 377(3) of the Act). This gives the Secretary the discretion to consider relevant information provided by applicants in relation to different types of applications.
5-69 Initial consideration period
Section 379 of the Act details the requirements dealing with applications made under the Act. Subsection 379(3) allows the rules to prescribe the initial consideration period in which an application must be considered by the Secretary. If the Secretary does not make a decision on the application within the prescribed consideration period (and the initial consideration period is not extended) the application is taken to have been refused.
Section 5-69 prescribes, for the purposes of subsection 379(3) of the Act, an initial consideration period of 120 days.
The period of 120 days is appropriate, having regard to the matters the Secretary must consider in granting or refusing an application. The period provides certainty for applicants on the maximum amount of time required for an application to be processed. The initial consideration period may be extended under subsection 379(5) of the Act.
The note following section 5-69 clarifies that the consideration period for an application starts on the day after the day the Secretary receives the application (referring to subsection 379(4) of the Act).
5-70 Period within which request relating to application must be complied with
Subsection 379(9) of the Act allows the Secretary to make a number of requests in relation to a relevant application, including requesting additional information or requesting consent to enter premises. Paragraph 379(10)(b) allows the rules to prescribe a maximum period within which the request must be complied with.
Section 5-70 prescribes, for the purposes of paragraph 379(10)(b) of the Act, a period of 6 months within which a request from the Secretary under subsection 379(9) to an applicant for information or documents relating to the application must be complied with.
The maximum period prescribed by this section is appropriate as it permits sufficient time to comply with matters provided in subsection 379(9) of the Act. The period provides certainty for industry.
CHAPTER 6—MEAT EXPORT LICENCES
Chapter 6 of the Meat Rules sets out specific requirements, conditions and other matters relating to meat export licences. A meat export licence authorises the holder to carry out export operations in relation to prescribed meat and meat products. It is subject to conditions and confers obligations on the holder. The provisions made in this chapter are in addition to those in the Act.
The purpose of meat export licences is to allow people in the meat export system to take responsibility for meeting requirements while enabling the Secretary to have regulatory oversight of their export operations and activities. This will help to safeguard the Australian meat export industry.
Part 1—Requirements for grant of meat export licence
6-1 Other requirements that must be met for meat export licence to be granted
Section 191 of the Act provides that on receiving an application for an export licence under section 190, the Secretary must decide whether to grant the licence or refuse to grant the licence. Subsection 191(2) allows the Secretary to grant the licence if satisfied, having regard to any matter that the Secretary considers relevant, that the requirements in paragraphs 191(2)(a) to (d) are met. Paragraph 191(2)(d) allows the rules to prescribe additional requirements of which the Secretary must be satisfied before granting an export licence.
Section 6-1 prescribes, for the purposes of paragraph 191(2)(d) of the Act, additional requirements of which the Secretary must be satisfied before granting a meat export licence. Section 6-1 requires that the applicant be competent to hold the licence, be of sound financial standing, and have a quality assurance system accredited by the Australian meat standards classification body in place. Section 6-1 also requires that the grant of the licence to the applicant would not, for any reason, be contrary to the interests of the meat and meat products industry.
Australian meat standards classification body is defined in section 1-5 of the Meat Rules as the body responsible for setting trade description and classification standards for meat and meat products for export from Australian territory.
The first note following section 6-1 explains that the requirement to hold a meat export licence to carry out operations to export meat or meat products only applies to operations to export meat or meat products derived from a bovine animal (other than a buffalo), or a caprine animal, or an ovine animal (see item 6 of the table in section 2-4 of the Meat Rules).
The second note following section 6-1 notifies the reader that the applicant must be a fit and proper person for the grant of a meat export licence (see paragraph 191(2)(a) of the Act and section 6-7 of the Meat Rules).
Part 2—Conditions of meat export licence
6-2 Condition of meat export licence
Subsection 192(1) of the Act provides that an export licence is subject to conditions provided by the Act (paragraph 192(1)(a)), conditions prescribed by the rules (other than any of those conditions that the Secretary decides are not to be conditions of the licence) (paragraph 192(1)(b), and any additional conditions which the Secretary considers appropriate and that are specified in the licence (paragraph 192(1)(c)).
Subsection 6-2(1) prescribes, for the purposes of paragraph 192(1)(b) of the Act, the conditions in subsection 6-2(2), as a condition of a meat export licence.
The note following subsection 6-2(1) notifies the reader that the condition in subsection 6‑2(2) also applies in relation to a renewed meat export licence, directing the reader to paragraph 197(1)(b) of the Act.
Subsection 219(1) of the Act requires the holder of an export licence to notify the Secretary, in writing, as soon as practicable after any of the events in paragraphs 219(1)(a) to (e) occurs. Paragraph 219(1)(e) allows the rules to prescribe any other events which require the holder of an export licence to notify the Secretary.
Subsection 6-2(2) provides a condition for a meat export licence if an event referred to in subsection 219(1) of the Act (including any of the events referred to in section 6-6 of the Meat Rules) occurs in relation to the holder of a licence or a matter covered by or relating to the licence. In such circumstances, the holder of the licence must notify the Secretary by completing the form approved under paragraph 377(1)(b) of the Act for making an application for a meat export licence, to the extent the form relates to the event. The purpose of section 6‑2 is to require the holder of an export licence to notify the Secretary using the approved form.
Part 3—Renewal of meat export licence
6-3 Period within which application to renew meat export licence must be made
Section 195 of the Act deals with applications to renew export licences. Paragraph 195(4)(a) of the Act provides that an application for renewal must be made within a period prescribed by the rules.
Section 6-3 is made for the purposes of paragraph 195(4)(a) of the Act and requires an application to renew a meat export licence to be made within the period of 60 days starting on the day that is 180 days before the date licence expires. In other words, the application must be submitted when the registration is between 180 days and 120 days from expiring. This ensures applications are submitted with sufficient time to allow the Secretary to consider the application.
The first note following section 6-3 provides an example of how section 6-3 works in practice. If a meat export licence expires on 8 July in a year (other than a leap year), an application for renewal can be made at any time between 9 January and 10 March in that year.
The second note following section 6-3 explains that under the Act, applications to renew meat export licences will only need to be made for meat export licences that have an expiry date (see subsection 195(1) of the Act).
Part 4—Suspension of meat export licence
6-4 Other grounds for suspension
Section 205 of the Act allows the Secretary to suspend an export licence if the Secretary reasonably believes that one or more of the grounds listed in subsection 205(1) exist. Paragraph 205(1)(j) allows the rules to prescribe additional grounds for the suspension of an export licence.
Section 6-4 prescribes, for the purposes of paragraph 205(1)(j) of the Act, additional grounds for the suspension of a meat export licence. These grounds are where the licence holder has failed to:
· provide facilities and assistance reasonably required by an external auditor for the purpose of conducting regular audits of the holder’s quality assurance system; or
· provide information in writing or documents to an external auditor that are reasonably required by the auditor for the purpose of conducting an audit of the holder’s quality assurance system; or
· comply with any reasonable request by an external auditor, or the Australian meat standards classification body, to take corrective action in relation to a deficiency found in the course of an audit of the holder’s quality assurance system.
The purpose of this section is to ensure the Secretary can be satisfied holders of meat export licences meet the relevant requirements. External audits will enable important information regarding compliance to be provided and it is important to be able to suspend the licence where the licence holder fails to fully participate with such audits.
The note following section 6-4 explains to the reader that under Part 1 of Chapter 9 of the Act, audits referred to in section 6-4 are not audits.
Part 5—Revocation of meat export licence
6-5 Other grounds for revocation
Section 212 of the Act allows the Secretary to revoke an export licence if the Secretary reasonably believes that one or more of the grounds listed in subsection 212(1) exist. Paragraph 212(1)(j) allows the rules to prescribe additional grounds for revocation of an export licence.
Section 6-5 prescribes, for the purposes of paragraph 212(1)(j) of the Act, additional grounds in addition for revoking a meat export licence. These grounds are where the licence holder has failed to:
· provide facilities and assistance reasonably required by an external auditor for the purpose of conducting regular audits of the holder’s quality assurance system; or
· provide information in writing or documents to an external auditor that are reasonably required by the auditor for the purpose of conducting an audit of the holder’s quality assurance system; or
· comply with any reasonable request by an external auditor or the Australian meat standards classification body, to take corrective action in relation to a deficiency found in the course of an audit of the holder’s quality assurance system.
The note following section 6-5 explains that the audits referred to in section 6-5 are not audits under Part 1 of Chapter 9 of the Act.
The purpose of section 6-5 is to ensure the Secretary can be satisfied holders of meat export licences meet the relevant requirements. External audits will enable important information regarding compliance to be provided and it is important to be able to revoke the licence where the licence holder fails to participate with such audits.
Part 6—Obligations of holders of meat export licences
6-6 Other events of which Secretary must be notified
Subsection 219(1) of the Act requires the holder of an export licence to notify the Secretary, in writing, as soon as practicable, after any of the events referred to in paragraphs 219(1)(a) to (e) of the Act occurs. Paragraph 219(1)(e) of the Act allows the rules to prescribe additional events.
Section 6-6 prescribes, for the purposes of paragraph 219(1)(e) of the Act, the following events of which the holder of a meat export licence must notify the Secretary:
· the holder of the licence ceases to operate the export business that carries out export covered by the licence;
· the holder of the licence is notified by the relevant importing country authority that the holder is no longer regarded as an approved supplier of prescribed meat or meat products to that country;
· there is a change in the scope of the quality assurance system used by the holder of the licence;
· the holder of the licence ceases to be accredited by the Australian meat standards classification body.
The purpose of this section is to ensure the Secretary can be satisfied holders of meat export licences will inform the Secretary of events which may affect the integrity of the prescribed meat or meat products, the suitability of meat or meat products for export, whether the holders are fit to hold the licence, and Australia’s trading reputation.
Part 7—Fit and proper persons
6-7 Kinds of persons who are required to be fit and proper persons
Subsection 373(1) of the Act provides that the rules may prescribe kinds of persons who are required to be fit and proper persons (having regard to the matters referred to in section 372 of the Act) for the purposes of Chapter 6 (export licences).
Section 6-7 prescribes, for the purposes of subsection 373(1) of the Act, that an applicant for a meat export licence, or the holder of a meat export licence are required to be fit and proper persons. The purpose of requiring these persons to be fit and proper persons is to ensure that those seeking to export, or approved to export, prescribed meat or meat products from Australian territory are trustworthy and demonstrate the required integrity necessary to uphold Australia’s trading reputation.
Part 8—Matters relating to applications
6-8 Application of this Part
Section 6-8 provides that Part 8 of Chapter 6 of the Meat Rules (sections 6-8 to 6-11) applies to the following applications:
· an application made under section 190 of the Act for a meat export licence;
· an application made under section 195 of the Act to renew a meat export licence;
· an application made under section 199 of the Act to vary a meat export licence, or to vary the conditions of a meat export licence.
6-9 Documents to accompany application
Section 377 of the Act provides for the requirements for applications. Paragraph 377(1)(d) of the Act provides that an application must be accompanied by any documents prescribed by the rules.
Section 6-9 prescribes, for the purposes of paragraph 377(1)(d) of the Act, the documents which must accompany an application for a meat export licence. These documents are:
· a copy of the accreditation certificate issued to the applicant by the Australian meat standards classification body; and
· if the applicant is an individual and the applicant operates or intends to operate the export business or proposed export business to which the application relates in partnership with one or more other persons, a copy of the partnership agreement.
Section 1-5 of the Meat Rules defines the Australian meat standards classification body as the body responsible for setting trade description and classification standards for meat and meat products for export from Australian territory. At the commencement of the Meat Rules, the body responsible for setting trade description and classification standards for meat and meat products derived from bovine, caprine or ovine animals for export from Australian territory is AUS-MEAT Limited.
The note following section 6-9 explains that, under subsection 377(3) of the Act, the Secretary may accept any document previously provided to the Secretary in connection with an application made under the Act, or a notice of intention to export, as satisfying any requirement to give that document under subsection 377(1) of the Act.
The purpose of this provision is to ensure the Secretary has the information required to make appropriate decisions about meat export licences.
6-10 Initial consideration period
Section 379 of the Act details the requirements dealing with applications made under the Act. Subsection 379(3) allows the rules to prescribe the initial consideration period in which an application must be considered by the Secretary.
Section 6-10 prescribes, for the purposes of subsection 379(3) of the Act, an initial consideration period of 120 days for applications in relation to meat export licences. The initial consideration period may be extended in accordance with subsection 379(5) of the Act.
The initial consideration period is the time within which the Secretary must decide to approve or refuse an application. If the Secretary has not made a decision by the end of the consideration period (and the initial consideration period has not been extended), the application is considered to be refused by the Secretary. The period of 120 days is appropriate, having regard to the matters the Secretary must consider in granting or refusing an application. This period provides certainty for applicants on the maximum amount of time required for an application to be processed.
The note following section 6-10 explains that, under subsection 379(4) of the Act, the consideration period for an application starts on the day after the day the Secretary receives the application.
6-11 Period within which request relating to application must be complied with
Subsection 379(9) of the Act allows the Secretary to make a number of requests in relation to a relevant application, including requesting additional information or requesting consent to enter premises. Paragraph 379(10)(b) allows the rules to prescribe a maximum period within which the request must be complied with.
Section 6-11 prescribes, for the purposes of paragraph 379(10)(b) of the Act, a period of 6 months within which a request from the Secretary in relation to a meat export licence must be complied with. The maximum period prescribed by this section is appropriate as it permits sufficient time to comply with matters provided in subsection 379(9) of the Act. This period provides certainty for industry.
CHAPTER 7—EXPORT PERMITS
An export permit is a document that confirms the eligibility of goods for export and facilitates the exit of these goods from Australian territory. A person may apply to the Secretary for an export permit for prescribed goods. The export permit must be issued in writing and will be in effect for a particular period. The permit may be varied, suspended or revoked, and may be required to be returned.
The prescribed export conditions in section 2-4 of the Meat Rules require the exporter of prescribed meat or meat products to hold an export permit covering the export.
Part 1—Issue of export permit
7-1 Period of effect of export permit
Section 228 of the Act sets the period of effect of an export permit. An export permit takes effect when it is issued (paragraph 228(a)) and remains in force as prescribed by the rules unless it is revoked earlier under section 233 of the Act (paragraph 228(b)).
Section 7-1 prescribes, for the purposes of paragraph 228(b) of the Act, the period of effect of an export permit for prescribed meat or meat products. An export permit remains in force for 28 days, starting on the day the permit is issued, unless revoked under section 233 of the Act. The 28 day period is appropriate as export permits often relate to perishable goods.
The first note following section 7-1 explains that an export permit takes effect when it is issued (see paragraph 228(a) of the Act).
The second note following section 7-1 refers the reader to the storage requirements for an export permit under section 11-5 of the Meat Rules.
Part 2—Variation, suspension and revocation of export permit
7-2 Period of effect of varied export permit
Section 230 of the Act sets the period of effect of a varied export permit. A varied export permit takes effect when it is issued (paragraph 230(a)) and remains in force as prescribed by the rules unless it is revoked earlier under section 233 of the Act (paragraph 230(b)).
Section 7-2 is made for the purposes of paragraph 230(b) of the Act and prescribes that an approved varied export permit for prescribed meat or meat products remains in force (unless it is revoked under section 233 of the Act) for the remainder of the period for which the export permit as originally issued was in force under section 7-1. This period is appropriate as export permits often made in relation to perishable goods. A variation does not affect the original period of effect for a permit.
The note following section 7-2 explains that a varied export permit takes effect when it is issued (see paragraph 230(a) of the Act).
7-3 Circumstances in which export permit may be suspended
Subsection 231(1) of the Act provides that the Secretary may suspend an export permit if the Secretary reasonably believes that circumstances prescribed by the rules exist.
Section 7-3 prescribes, for the purposes of subsection 231(1) of the Act, the circumstances in which the Secretary may suspend an export permit for prescribed meat or meat products. The prescribed circumstances are the same as the circumstances for revoking a permit listed in paragraphs 233(1)(a) to (f) of the Act and section 7-4 of the Meat Rules. This includes where the Secretary reasonably believes:
· the integrity of the prescribed meat or meat products cannot be ensured;
· a condition of the permit has been, or is being, contravened;
· the requirements of the Act have not been complied with, or are not likely to be complied with, before the prescribed meat or meat products are imported into the importing country;
· an importing country requirement relating to the prescribed meat or meat products will not be, or is not likely to be, met before the goods are imported into the importing country;
· the holder of the permit made a false, misleading or incomplete statement in an application for the permit, or gave false, misleading or incomplete information to the Secretary or another person performing functions or exercising powers under the Act or a prescribed agriculture law;
· the holder of the permit has contravened a requirement of the Act; or
· the additional circumstances set out below in section 7-4 of the Meat Rules exist.
7-4 Other circumstances in which export permit may be revoked
Section 233 of the Act allows the Secretary to revoke an export permit if the Secretary reasonably believes that one or more of the circumstances listed in subsection 233(1) exist. Paragraph 233(1)(g) allows the rules to prescribe additional circumstances.
Section 7-4 prescribes, for the purposes of paragraph 233(1)(g) of the Act, other circumstances, in addition to those specified in paragraphs 233(1)(a) to (f) of the Act, for revoking an export permit for prescribed meat or meat products. The additional circumstances are:
· there is a risk that the meat or meat products have deteriorated or are likely to deteriorate, or are unwholesome or are likely to be unwholesome;
· the meat or meat products are no longer intended to be exported using that export permit;
· a person (other than the holder of the permit) has given the Secretary information or a document in relation to the meat or meat products that is false, misleading or incomplete;
· a condition or disease that is likely to affect the acceptability of the meat or meat products to the importing country is present in Australia territory; or
· the export of the meat or meat products could result in trade in the export of other goods from Australian territory being adversely affected.
These circumstances are likely to affect Australia’s trading reputation and may affect access to importing country markets. The consequences may be serious and may affect a number of permit holders. It is important that export permits can be revoked in the prescribed circumstances to mitigate these consequences.
The note following section 7-4 explains that under section 7-6 of the Meat Rules, an export permit that is revoked must be returned to the Secretary within 10 business days, unless it was issued by electronic means.
Part 3—Other matters
7-5 Changes that require additional or corrected information to be given to the Secretary
Section 235 of the Act requires the holder of an export permit to give the Secretary additional or corrected information in certain circumstances, including if a change prescribed by the rules occurs (paragraph 235(1)(b)).
Section 7-5 prescribes, for the purposes of paragraph 235(1)(b) of the Act, changes that require the holder of an export permit to provide the Secretary with additional or corrected information in relation to prescribed meat or meat products for which an export permit is in force but that have not been exported. These changes are where there are reasonable grounds to suspect that:
· the integrity of the meat or meat products cannot be ensured;
· an importing country requirement relating to the meat or meat products will not be met, or is not likely to be met, before the prescribed meat or meat products are imported into the importing country;
· a prescribed export condition relating to the meat or meat products has not been complied with when it should have been complied with.
The purpose of this provision is to place an obligation on the exporter to ensure the permit continues to accurately reflect the circumstances for the issue of the permit. The consequences may be serious and may affect several permit holders, so it is essential that additional or corrected information is provided. This ensures export permits are only issued where the prescribed meat or meat products are supplied in compliance with the Act and the Meat Rules, enhancing Australia’s reputation as a reliable trading partner.
The note following section 7-5 notifies the reader that an exporter may be liable to a civil penalty if the exporter fails to comply with a requirement under section 235 of the Act.
7-6 Return of export permit
Subsection 236(1) of the Act provides that the rules may require a person to whom an export permit was issued to return the permit to the Secretary in the circumstances prescribed by the rules and at the time, or within the period, prescribed by the rules.
Subsection 7-6(1) is made for the purposes of section 236 of the Act and requires a person to whom an export permit for prescribed meat or meat products was issued to return the export permit to the Secretary if the permit is revoked. The permit must be returned within 10 business days starting on the day the permit was revoked.
The purpose is to ensure export permits are not misused by placing an obligation on the exporter to return the permit. This preserves the integrity of the export permit system by ensuring a revoked permit is not used to support the unauthorised export of prescribed meat or meat products. Ten business days is a reasonable time to allow the holder to return the permit to the Secretary, but is short enough to mitigate against the risk of the permit being misused.
The requirement in subsection 7-6(1) does not apply to an export permit issued by electronic means (subsection 7-6(2)), as there will not necessarily be a physical permit to return.
7-7 Notification that prescribed meat or meat products are not to be exported
Section 237 of the Act provides that the rules may require the holder of an export permit for a kind of prescribed goods to notify the Secretary, in writing, if it is no longer intended to export the goods in the circumstances prescribed by the rules, and at the time, or within the period, prescribed by the rules.
Section 7-7 is made for the purposes of section 237 of the Act and requires the holder of an export permit for prescribed meat or meat products to notify the Secretary in writing, if it is no longer intended to export the prescribed goods because of a circumstance listed in section 7‑4 (other circumstances in which export permit may be revoked) of the Meat Rules. The notification must be given as soon as practicable but not later than 10 business days after the decision not to export the prescribed goods is made.
The purpose of section 7-7 is to preserve the integrity of the export permit system and ensure the Secretary is aware of when prescribed meat or meat products are no longer intended to be exported.
CHAPTER 8—OTHER MATTERS RELATING TO EXPORT
Part 1—Notices of intention to export
Part 1 of Chapter 8 of the Meat Rules deals with matters relating to notices of intention to export. A notice of intention to export prescribed goods serves to inform the Secretary about a person’s intention, allowing the prescribed goods to be assessed prior to an export permit being granted. The notice of intention to export must include any information and documents prescribed by this Part. A person who has given a notice of intention to export must give the Secretary additional or corrected information in certain circumstances.
8-1 Information to be included in notice of intention to export
Section 243 of the Act details general requirements of a notice of intention to export a consignment of prescribed goods. A notice of intention to export a consignment of prescribed goods must meet the requirements in subsection 243(1). Paragraph 243(1)(c) allows the rules to prescribe additional information that must be included in the notice of intention to export a consignment of prescribed goods.
Section 8-1 is made for the purposes of paragraph 243(1)(c) of the Act and requires a notice of intention to export a consignment of, or including, prescribed meat or meat products to include a declaration stating all the information included in the notice of intention is true and correct. This ensures the consignment, and any related documents, can be assessed prior to the export of the prescribed meat or meat products.
The first note following section 8-1 explains that the Secretary may approve a single form for a notice of intention to export a consignment of prescribed meat or meat products, and an application for an export permit for the prescribed meat or meat products.
The second note following section 8-2 explains that the Secretary may accept any information or document previously given to the Secretary in connection with an application made under the Act, or a notice of intention to export a consignment of prescribed meat or meat products given under the Act, as satisfying any requirement to give that document under subsection 243(1) of the Act (see subsection 243(2) of the Act).
This gives the Secretary the discretion to consider relevant information provided by applicants in relation to different types of applications.
8-2 Person who must give notice of intention to export
Paragraph 243(1)(e) of the Act requires that a notice of intention to export a consignment of prescribed goods be given by a person prescribed by the rules in relation to the goods.
Section 8-2 prescribes, for the purposes of paragraph 243(1)(e) of the Act, that the person who intends to export a consignment of, or including, prescribed meat or meat products must give the notice of intention to export the consignment.
The purpose is to ensure the person intending to export the prescribed meat or meat products does not have another person submit a notice of intention on their behalf.
8-3 Person to whom notification of intention to export must be given
Paragraph 243(1)(f) of the Act allows the rules to prescribe the person to whom the notice of intention to export must be given.
Section 8-3 prescribes, for the purposes of paragraph 243(1)(f) of the Act, that the notice of intention to export a consignment of, or including, prescribed meat or meat products, must be provided to the Secretary.
Giving written notice to the Secretary ensures the necessary information is provided for assessment prior to the export of the prescribed meat or meat products.
8-4 When notice of intention to export must be given
Paragraph 243(1)(g) of the Act allows the rules to prescribe the time or period within which the notice of intention to export a consignment of prescribed goods must be given.
Subsection 8-4(1) prescribes, for the purposes of paragraph 243(1)(g) of the Act, that a notice of intention to export a consignment of, or including, prescribed meat or meat products, must be given as soon as reasonably practicable before the date the consignment is proposed to be exported.
Subsection 8-4(2) provides that, if an assessment of the prescribed meat or meat products is required to be carried out under Part 2 of Chapter 9 of the Act, the notice of intention to export must be given at a time that will ensure there is sufficient time for the assessment to be carried out.
This allows the Secretary time to consider the notice before the prescribed meat or meat products are exported. It also allows any assessment to be carried out and information provided to the Secretary for consideration.
The note following section 8-4 alerts the reader that it is a prescribed export condition for the export of prescribed meat or meat products that a person prescribed by section 8-2 must have given a notice of intention to export a consignment of, or including, prescribed meat or meat products to the Secretary at the time prescribed by section 8-4 (see section 2-4).
Part 2—Trade descriptions
The aim of trade description compliance management is to ensure that an approved arrangement is effective and operates in accordance with the Act to ensure prescribed goods intended for export as food:
· are wholesome or are identified for further processing;
· meet requirements to have an accurate trade description;
· meet importing country requirements necessary to maintain market eligibility; and
· are traceable, can be recalled if required and have their integrity ensured.
8-5 Purpose of this Part
Section 248 of the Act allows the rules to make provision for and in relation to trade descriptions for prescribed goods that are intended to be exported.
Section 8-5 provides that Part 2 of Chapter 8 (sections 8-5 to 8-7) of the Meat Rules is made for the purposes of section 248 of the Act, and makes provision for, and in relation to, trade descriptions for prescribed meat or meat products that are intended to be exported.
This ensures trade descriptions include relevant information and are used in a way that will ensure the identity of the prescribed meat or meat products can be ascertained and not confused with any other goods. The term trade description is defined in section 246 of the Act.
The note following section 8-5 alerts the reader that a person who engages in conduct that contravenes a provision in Part 2 of Chapter 8 of the Meat Rules may commit an offence or be liable to a civil penalty under section 249 of the Act.
8-6 General requirements for trade descriptions
The purpose of section 8-6 is to set out the general requirements for trade descriptions applied to prescribed meat and meat products.
Subsection 8-6(1) provides that trade descriptions applied to prescribed meat or meat products must be accurate and unambiguous, legible, prominent, conspicuous, not obscured in any way and, to the extent practicable, be securely attached and tamper evident.
The first note following subsection 8-6(1) refers the reader to the Australian Meat Industry Classification System, which contains guidance on the requirement for a trade description to be accurate.
The second note following subsection 8-6(1) refers the reader to section 247 of the Act, for a definition of when a trade description is applied.
Subsection 8‑6(2) provides that information or pictures that are applied to prescribed meat or meat products, in addition to the trade description, must not be inconsistent with the information required to be included in the trade description under Subdivision D of Division 2 of Part 1 of Chapter 5 of the Meat Rules (concerning conditions for approved arrangements for operations to prepare prescribed meat or meat products for export).
Subsection 8-6(3) clarifies particular circumstances where a trade description is taken to be accurate, for the purposes of subsection 8-6(1). The description of:
· ‘beef offal’ is taken to be accurate if it is applied to offal derived from beef, veal or bull carcases;
· ‘pork offal’ is taken to be accurate if it is applied to offal derived from pork, sow or boar carcases; and
· ‘mutton offal’ is taken to be accurate if it is applied to offal derived from mutton, lamb or ram carcases.
The note following subsection 8-6(3) refers the reader to section 1-5 of the Meat Rules for the definition of offal.
This ensures the prescribed meat or meat products are wholesome, meet importing country requirements necessary to maintain market eligibility, are traceable, and can be recalled if required.
8-7 Trade descriptions in language other than English
Subsection 8-7(1) provides that section 8-7 applies in relation to a trade description that is applied to prescribed meat or meat products if any part of the trade description is in a language (the foreign language) other than English.
Subsection 8-7(2) provides that the foreign language part of the trade description must not be inconsistent with the English part of the trade description.
Subsection 8-7(3) requires certain persons, on request by an authorised officer, to make available in writing to an authorised officer an English translation of the foreign language part of the trade description. Those persons are:
· the holder of an approved arrangement for operations to prepare prescribed meat or meat products for export at the registered establishment where the trade description was applied to the prescribed meat or meat products;
· the holder of an approved arrangement for operations to prepared prescribed meat or meat products for export at a registered establishment (other than the registered establishment referred to in paragraph 8-7(3)(a)) if the prescribed meat or meat products are being held at that registered establishment at the time of the request; or
· the exporter of the prescribed meat or meat products; or
· the holder of an approved arrangement in accordance with which Halal meat certification operations (if any) were carried out in relation to the prescribed meat or meat products.
Subsection 8-7(4) requires the translation of the foreign part of the trade description into English to be done by an appropriately qualified person who is not an employee of, and is independent of, the person who has been asked to make the translation available. This is necessary to independently verify that the foreign language part of the trade description is consistent with the English part of the trade description.
Part 3—Official Marks
Official marks are market labels, tags or other seals applied to products exported from Australian territory. Each type of label has specific mark dimensions. There are strict conditions set out to comply with export requirements. Official marks indicate compliance with the Act and help to ensure products are not rejected when exported, which may result in large costs for business and the economy. Official marks are relied on by governments of importing countries as an assurance of the authenticity of a document or the origin, integrity and compliance of goods with the Act, importing country requirements or other relevant standards.
The following explanations equally apply to 8-10, 8-11, 8-12, 8-16, 8-17 (also applies to 8-19 with the qualification requested at that provision):
The ‘Australia Inspected’ mark signifies that prescribed goods have been inspected by an Australian Government official and passed as fit for human consumption during a post ‑mortem inspection. This mark is applied to the goods at the registered establishment where they were prepared as signified by the registration number of the establishment on the official mark. The mark also provides a traceability function, indicating the establishment where the meat was last prepared. The meat retains its ‘fit for human consumption status’ at down-chain establishments where the temperature chain is maintained, and the meat continues to be handled hygienically and ensuring its integrity (e.g. market eligibility).
The registration number on the ‘Australia Inspected’ (or ‘Australia Approved’) official mark changes whenever the goods are subject to processing at an establishment.
Division 1—Marks that are official marks
8-8 Purpose of this Division
Subsection 255(1) of the Act allows the rules to provide that a specified mark is an official mark for the purposes of the Act.
Section 8-8 provides that Division 1 of Part 3 of Chapter 8 of the Meat Rules (sections 8-8 to 8-21) is made for the purposes of subsection 255(1) of the Act and specifies marks that are official marks for meat or meat products that are intended to be exported. An official mark is a mark that is applied to goods to confirm the identity, condition, status of the goods or to secure the goods.
8-9 Tolerances for dimensions of official marks
Section 8-9 details the tolerances (or margins of error) for the dimensions of official marks, or a part of such a mark, that are specified in Division 1 of Part 3 of Chapter 8 of the Meat Rules. This is to ensure consistency in the dimensions of official marks.
For dimensions of up to 10 millimetres, the tolerance is plus or minus 1 millimetre. For dimensions of more than 10 millimetres, the tolerance is plus or minus 2 millimetres.
8-10 Official mark—Australia Inspected
Subsection 8-10(1) provides a representation of the design of an ‘Australia Inspected’ official mark which is an official mark for the purposes of the Act for prescribed meat or meat products that are intended to be exported. The mark must include the registration number of the registered establishment where operations to prepare meat or meat products for export were carried out in the centre of the mark where ‘A’ is in the representation and must meet the dimensions set out in subsection 8-10(2).
Subsection 8-10(2) provides the acceptable dimensions of the ‘Australia Inspected’ official mark. The specified dimensions are for the width and height of the mark, the height of the letters, and the height of the establishment registration number. The required dimensions are those set out in columns 2, 3 and 4 of the table in subsection 8-10(2) depending on whether the mark is computer-generated or is of a normal or small size.
The ‘Australia Inspected’ mark signifies that prescribed goods have been inspected by an Australian Government official in the registered establishment where they were prepared and passed as fit for human consumption.
8-11 Official mark—Australia Inspected (lamb)
Subsection 8-11(1) provides a representation of the design of an ‘Australia Inspected (lamb)’ official mark which is an official mark for the purposes of the Act for lamb or lamb products that are intended to be exported. The mark must include the registration number of the registered establishment where operations to prepare meat or meat products for export were carried out in the centre of the mark where ‘A’ is in the representation and must meet the required dimensions set out in subsection 8-11(2).
Subsection 8-11(2) provides the required dimensions of the ‘Australia Inspected (lamb)’ official mark. The specified dimensions are for the width and height of the oval mark, the breadth and height of the lamb frame, the height of the letters, and the height of the establishment registration number. The required dimensions are those set out in column 2 of the table in subsection 8‑11(2) unless the mark is applied to a small cut of lamb meat, or to a lamb carcase or lamb carcase part that is to be further processed before export. In such circumstances, the required dimensions of the mark are those set out in column 3 of the table in subsection 8-11(2).
The ‘Australia Inspected (lamb)’ mark signifies that lamb or lamb products have been inspected by an Australian Government official in the registered establishment where they were prepared and passed.
8-12 Official mark—Halal meat
Subsection 8-12(1) provides a representation of the design of an ‘Halal meat’ official mark, which is an official mark for the purposes of the Act for Halal meat that is intended to be exported. The mark must include the registration number of the registered establishment where operations to prepare meat or meat products for export were carried out in the centre of the mark where ‘A’ is in the representation and must meet the required dimensions in subsection 8-12(2).
The note following subsection 8-12(1) explains that the translation of the arched Arabic text in the representation to English, is ‘Lawful, permissible according to Islamic law’.
Subsection 8-12(2) provides the acceptable dimensions of the ‘Halal meat’ official mark depending on the size of the mark. The dimensions specified are for the width and height of the mark, the maximum overall height of the arched Arabic text, height of ‘Halal’ in English text, height of ‘Halal’ in Arabic text, height of the establishment registration number, and the height of ‘Australia’ in English text. The required dimensions are those set out in columns 2, 3, 4 and 5 of the table in subsection 8-12(2) depending on whether the mark is of a large, medium, small or extra small size.
The ‘Halal meat’ mark signifies that the relevant meat or meat products have been inspected by an Islamic organisation in the registered establishment where they were prepared and passed.
8-13 Official mark—foreign country identification
Subsection 8-13(1) provides a representation of the design of a ‘foreign country identification’ official mark, which is an official mark for the purposes of the Act. This kind of official mark must have the relevant foreign country identification mark inserted in where the letter ‘A’ is in the representation, and must meet the required dimensions set out in subsection 8-13(3).
Subsection 8-13(2) provides that, for the purposes of this section, a foreign country identification mark is a mark that is required to be applied to meat or meat products that are to be imported into that country, as determined by the relevant importing country authority.
The note following subsection 8-13(2) refers the reader to the Manual of Importing Country Requirements for guidance on foreign country identification marks. In 2021, this manual could be viewed on the Department’s website (http://www.awe.gov.au). Access to the document may require a password.
Subsection 8-13(3) provides the acceptable dimensions of a foreign country identification official mark. These dimension requirements relate to the diameter of the circle (50 millimetres), the minimum height of the letters in the word ‘Australia’ (6 millimetres) and the dimensions of the foreign country identification mark (as specified by the relevant importing country authority) to be inserted into the official mark.
This mark enables the export of meat or meat products from Australian territory to the importing country.
The note following subsection 8-13(3) refers the reader to the Manual of Importing Country Requirements for guidance on the requirements for the dimensions of a foreign country identification mark. In 2021, this manual could be viewed on the Department’s website (). Access to the document may require a password.
8-14 Official mark—tamper-indicative metal strap seal
Section 8-14 provides that a tamper indicative metal strap seal is an official mark for the purposes of the Act if it meets the requirements of this section. The requirements are:
· the seal must be a tamper-indicative metal strap seal that can be secured in a loop by inserting one end of the seal into or through a protected locking mechanism on the other end; and
· the seal must comply with ISO 17712:2013 Freight containers—Mechanical seals, as that document exists at the commencement of the Meat Rules. This international standard establishes uniform procedures for the classification, acceptance, and withdrawal of mechanical freight container seals and is a single source of information on mechanical seals. ISO 17712:2013 is incorporated as in force at the commencement of the Meat Rules and is available for a fee from the International Organization for Standardization (www.iso.org). Alternatively, the standard may be viewed by arrangement with the Department. The standard is an appropriate requirement as certain countries have compliance with the standard as a requirement to maintain market access. The manufacture and supply of tamper-indicative metal straps are tightly controlled by the Department. The control of tamper-indicative metal straps combined with the requirement to meet international standards provides appropriate assurance to trading partners and facilitates trade; and
· the seal must also bear the words ‘Australian Government’ and bear a unique number, or a unique combination of letters and numbers, provided to the manufacturer of the seal by the Department.
The purpose of mechanical seals, as part of the security system, is to determine whether a freight container has been tampered with, for example, whether there has been unauthorised access to the container.
These strap seals may also be used for securing goods or items that need to be held under Department control (e.g. to retain meat pending outcomes on residue testing) or carcases that require further inspection prior to making a disposition (e.g. jaundice carcases). These goods are put into a retain chiller or cage sealed with a strap seal overnight for assessment the next day.
8-15 Official mark—bolt seal
Section 8-15 provides that a bolt seal is an official mark for the purposes of the Act if it meets the requirements of this section. A bolt seal is a tamper-evident locking device that requires a tool to be removed. The requirements are:
· the seal must be a high security bolt seal; and
· the seal must comply with ISO 17712:2013 Freight containers—Mechanical seals, as that document exists at the commencement of the Meat Rules. This international standard establishes uniform procedures for the classification, acceptance, and withdrawal of mechanical freight container seals and is a single source of information on mechanical seals. ISO 17712:2013 is incorporated as in force at the commencement of the Meat Rules and is available for a fee from the International Organization for Standardization (www.iso.org). Alternatively, the standard may be viewed by arrangement with the Department. The standard is an appropriate requirement as certain countries have compliance with the standard as a requirement to maintain market access. The manufacture and supply of bolt seals are tightly controlled by the Department. The control of bolt seals combined with the requirement to meet international standards provides appropriate assurance to trading partners and facilitates trade; and
· the seal must also bear the words ‘Australian Government’ and bear a unique number, or a unique combination of letters and numbers, provided to the manufacturer of the seal by the Department; and
· the seal must also be coated with green or blue plastic.
A bolt seal is required to be applied to a container system unit (other than a container system unit intended for transport by air) under section 5-19 of the Meat Rules, and an official mark is required to be applied to the prescribed meat or meat products under Subdivision E of Part 2 of Chapter 5 of the Meat Rules (approved arrangements).
The purpose of a bolt seal, as part of the security system, is to determine whether a freight container has been tampered with, for example, whether there has been unauthorised access to the container.
Bolt seals also provide a link between the government certificate and the goods. The seal number is printed on the government certificate to assist an inspector in linking goods inside a container to goods described in the government certificate.
They are also seen as a form of biosecurity assurance in that containers commonly move through a number of ports during the voyage. The sealing of a container provides confidence that there was no possibility of biosecurity risks being introduced inside a container.
8-16 Official mark—Australia Approved
Subsection 8-16(1) provides a representation of the design of an ‘Australia Approved’ official mark, which is an official mark for the purposes of the Act. This mark must include the registration number of the registered establishment where the operations to prepare the prescribed meat or meat products for export were carried out in the centre of the mark where ‘A’ is in the representation and must meet the dimensions set out in subsection 8-16(2).
Subsection 8-16(2) provides the acceptable dimensions of the ‘Australia Approved’ official mark. These dimensions relate to the width and height of the oval mark, the height of the letters and the height of the establishment registration number. The required dimensions are those set out in column 2 of the table in subsection 816(2) unless the mark is to be applied to a small cut of meat (in which case, the dimensions may be those set out in column 3 of the table in subsection 8-16(2)).
The ‘Australia Approved’ official mark signifies that prescribed goods intended for export have been inspected and are fit for human consumption.
8-17 Official mark—Australia Approved (lamb)
Section 8-17 provides a representation of the design of an ‘Australia Approved (lamb)' official mark, which is an official mark for the purposes of the Act for lamb or lamb products that are intended to be exported. The mark must include the registration number of the registered establishment where the operations to prepare the prescribed meat or meat products for export were carried out in the centre of the mark where ‘A’ is in the representation and must meet the required dimensions in subsection 8-17(2).
Subsection 8-17(2) provides the required dimensions of the ‘Australia Approved (lamb)’ official mark. These dimensions relate to the width and height of the oval mark, the height of the letters, the breadth and height of the lamb frame and the height of the establishment registration number.
The required dimensions are those set out in column 2 of the table in subsection 8-17(2) unless the mark is to be applied to a small cut of lamb meat (in which case, the dimensions may be those set out in column 3 of the table in subsection 8-17(2)).
The ‘Australia Approved (lamb)’ official mark signifies that prescribed goods intended for export have been inspected and are fit for human consumption.
8-18 Official mark—European Union
Section 8-18 provides a representation of the design of an ‘European Union’ official mark, which is an official mark for the purposes of the Act. This kind of official mark must be in the design indicated in subsection 8-18(1) and contain the letter ‘E’ and must meet the required dimensions set out in subsection 8-18(2).
Subsection 8-18(2) provides the required dimensions of the ‘European Union’ official mark. These dimensions relate to the width and height of the oval mark, and the height of the letter ‘E’. The required dimensions will vary depending on whether the mark is of a normal or small size or is computer-generated.
The ‘European Union’ official mark signifies that prescribed goods intended for export have been inspected and are fit for human consumption.
8-19 Official mark—carton seal
Section 8-19 provides a representation of the design for a seal applied to a carton (a ‘carton seal’) that is an official mark for the purposes of the Act.
The ‘carton seal’ mark must meet the specifications in paragraphs 8-19(1)(a) to (c). This includes being printed in black (except for the Coat of Arms, which must be printed in red) on a white or security background, including the substitutions set out in subsection 8-19(3) and meeting the dimensions specified in subsection 8-19(2).
Subsection 8-19(2) provides the required dimensions of the ‘carton seal’ official mark. These dimensions relate to the width of the mark (not less than 45 millimetres and not more than 75 millimetres) and the height of the mark (not less than 125 millimetres and not more than 160 millimetres).
Subsection 8-19(3) sets out the information that must be substituted at ‘A’, ‘B’ and ‘C’ in the design of the carton seal official mark. This information is the registration number of the establishment where operations to prepare the prescribed meat or meat products for export were carried out must be substituted where ‘A’ is in the representation. A number or a combination of letters and numbers associated with the manufacturer of a mark must be substituted where ‘B’ is in the representation. A number or a combination of letters and numbers that are unique to each official mark must be substituted where ‘C’ is in the representation. This seal is necessary to provide confidence that the meat or meat products inside the carton has not been manipulated between the carton being packed in Australia and it being opened in an overseas country. The carton seals are used on meat cartons when there is an importing country requirement to do so.
8-20 Official mark—meat or meat products opened for assessment and resealed
Section 8-20 provides a representation of the design of a carton seal applied to a carton after it has been opened, inspected and re-sealed, which is an official mark for the purposes of the Act.
The mark must meet the specifications set out in paragraphs 8‑20(1)(a) to (c). This includes being printed in green (except for the Coat of Arms which is printed in red), on a white or security background, including the substitutions set out in subsection 8-20(3) and meeting the dimensions specified in subsection 8-20(2).
Subsection 8-20(2) provides the required dimensions of the ‘opened and resealed carton seal’ official mark. These dimensions relate to the width of the mark (not less than 45 millimetres and not more than 75 millimetres) and the height of the mark (not less than 125 millimetres and not more than 160 millimetres).
Subsection 8-20(3) sets out the information that must be substituted at ‘A’ and ‘B’ in the design of the opened and resealed carton seal official mark. A number, or a combination of letters and numbers, associated with the manufacturer of a mark must be substituted where ‘A’ is in the representation. A number, or a combination of letters and numbers, that are unique to each official mark must be substituted where ‘B’ is in the representation. This information is necessary to provide tamper evidence. During export loading at registered establishments, a sample of cartons may be opened to, for example, check the temperature of the meat. If these cartons had carton seals applied at the packing establishment, it is necessary to apply the opened and resealed carton seal official mark to maintain the tamper evidence. Carton seals from the packing establishment are not available at the cold store, thus the use of the opened and resealed carton seal official mark.
8-21 Official mark—Australian Government
Section 8-21 provides a representation of the design of an ‘Australian Government’ official mark, which is an official mark for the purposes of the Act. The mark must contain a number identifying the person that used the mark where ‘XXXX’ is included in the representation.
The note following section 8-21 explains that sections 8-24 to 8-28 and section 8-38, which relate to the manufacture, supply, application and alteration of, or interference with, an official mark, do not apply to an ‘Australian Government’ official mark.
Division 2—General rules relating to official marks
8-22 Purpose and application of this Division
Subsection 255(2) of the Act allows the rules to make provision for and in relation to:
· the persons or classes of persons, who may manufacture, possess, apply, alter or interfere with an official mark;
· the methods of applying official marks;
· the circumstances in which an official mark may, or must not, be applied;
· security of official marks;
· removal or defacement of official marks;
· making records in relation to official marks; and
· any other matter relating to official marks.
Subsection 8-22(1) provides that Division 2 of Part 3 of Chapter 8 of the Meat Rules (sections 8-22 to 8-33) is made for the purposes of subsection 255(2) of the Act and makes provision for and in relation to certain matters relating to the official marks specified in Division 1 of Part 3 of Chapter 8 of the Meat Rules for meat or meat products that are intended to be exported.
This is to ensure that official marks are not misused and only applied to eligible goods.
The note following subsection 8-22(1) alerts the reader that a person may commit an offence or be liable to a civil penalty under the Act if they engage in conduct that contravenes a provision in Division 2 of Part 3 of Chapter 8 of the Meat Rules (see section 258 of the Act) or other provisions in Division 3 of Part 3 of Chapter 8 of the Act.
Subsection 8-22(2) provides that sections 8-24 to 8-28 which relate to the manufacture, supply, application, and alteration of, or interference with, an official mark, do not apply to an ‘Australian Government’ official mark as provided for in section 8-21 of the Meat Rules.
8-23 Interpretation
Section 8-23 sets out when an official mark is applied to meat or meat products. This is fundamental to managing conduct in relation to that official mark.
Subsection 8-23(1) provides that, for the purposes of the Meat Rules, an official mark is applied to meat or meat products if it is:
· applied directly to the meat or meat products, their packaging or any covering containing the meat or meat products;
· applied to anything attached to the meat or meat products, their packaging or any covering containing the meat or meat products; or
· inserted into anything in which the meat or meat products are packaged or any covering containing the meat or meat products.
Subsection 8-23(2) specifies that a reference in Division 2 of Part 3 of Chapter 8 of the Meat Rules to a particular official mark is a reference to the official mark with that description provided for in Division 1 of Part 3 of Chapter 8 of the Meat Rules.
8-24 Persons who may manufacture or supply official marks for meat or meat products
Section 8-24 specifies who may manufacture or supply a kind of official mark for meat or meat products. Limiting who may manufacture or supply official marks is necessary to ensure the integrity of the system for manufacturing and supplying official marks.
The persons who can manufacture or supply an official mark for meat or meat products are:
· authorised officers; or
· persons who are able to manufacture or supply the official mark under an approved arrangement; or
· persons acting in accordance with a direction given by an authorised officer; or
· a person who has been given a written approval by the Secretary to manufacture or supply the official mark in relation to specified meat or meat products and who is acting in accordance with that approval.
These restrictions do not apply to the manufacture or supply of the official mark specified in section 8-21 (‘Australian Government’ official mark).
The note following section 8-24 refers the reader to section 309 of the Act for how a direction may be given by an authorised officer.