{"id":"F2005L00161","name":"Export Control (Dairy, Eggs and Fish) Orders 2005","slug":"export-control-dairy-eggs-and-fish-orders-2005","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":33606,"registerId":"commonwealth-F2005L00161-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"Approval to prepare processed food in an unregistered establishment","content":"Part 2 Approval to prepare processed food in an unregistered establishment\n\n> Note The intention of this Part is to facilitate the export of small volumes of processed food from unregistered establishments for the purpose of testing the markets for new products while ensuring that fitness for human consumption is maintained. See further order 34.\n\n## Application for approval for limited num Application for approval for limited number of exports\n\n## Application for approval for limited number of exports\n\n7.1 A person who is or is to be the occupier of an establishment may apply to the Secretary for approval to prepare processed food of the kind specified in the application for export in an unregistered establishment.\n\n> Note For other grounds of exemptions, see Division VI of Part 2 of these Orders.\n\n7.2 The application must:\n\n(a) describe each process to be used in preparing the food; and\n\n(b) identify the country to which it is intended to export the food.\n\n## Approval Approval\n\n## Approval\n\n8.1 If the Secretary is satisfied that the applicant will comply with:\n\n(a) the requirements of Part 3 of these Orders; and\n\n(b) applicable importing country requirements;\n\nthe Secretary may give the applicant approval to prepare at the unregistered establishment processed food for export as food to a country specified in the approval.\n\n8.2 The approval takes effect:\n\n(a) when written notice of it is given to the applicant; or\n\n8.3 The notice must specify:\n\n(a) the period within which the food must be exported, being a period of not more than 12 months after the day on which the approval is granted; and\n\n(b) the number of consignments (being not more than five) of the processed food that may be prepared for export in the establishment; and\n\n(c) an identification number assigned by the Secretary to the establishment.\n\n> Note A reference in these Orders to a registration number includes the registration number referred to in paragraph 8.3 (c), see the meaning of registration number in order 8.\n\n8.4 No more than one approval may be given under subclause 8.1 for processed food prepared in the unregistered establishment being processed food of the kind specified in the application that is for export to the country specified in the application.\n\n8.5 If the Secretary decides not to give approval under subclause 8.1 the Secretary must give the applicant written notice of:\n\n(a) the decision; and\n\n(b) the reasons for the decision.\n\n## Exemption from compliance with orders Exemption from compliance with orders\n\n## Exemption from compliance with orders\n\n9.1 The Secretary may:\n\n(a) specify in the approval given under subclause 8.1 of this Schedule that the establishment is exempt from one or more of the requirements of Schedule 2 specified in the approval; and\n\n(b) by written notice vary or revoke the specification made under paragraph 9.1 (a).\n\n9.2 If the approval has effect the requirements specified in the notice do not apply to establishment.\n\n## Approval may be subject to conditions Approval may be subject to conditions\n\n## Approval may be subject to conditions\n\n10.1 The Secretary may:\n\n(a) give approval under subclause 8.1 of this Schedule subject to conditions specified in the notice of approval; and\n\n(b) by written notice given to the occupier impose new conditions or vary or revoke the conditions.\n\n10.2 The conditions must be for the purpose of ensuring compliance by the occupier with one or more of the objectives specified in suborders 3.1 and 3.2.\n\n## Revocation of approval Revocation of approval\n\n## Revocation of approval\n\n11.1 The Secretary may revoke an approval given under subclause 8.1 of this Schedule if the Secretary has reasonable grounds to believe:\n\n(a) a circumstance specified in paragraphs 21.1 (a) to (e) of Schedule 2 exists; or\n\n(b) the person to whom the approval is given ceases to be the occupier of the establishment.\n\n11.2 The revocation takes effect:\n\n(a) when written notice of it is given to the person to whom the notice of the approval was given under subclause 8.2; or\n\n## Termination of approval Termination of approval\n\n## Termination of approval\n\n12.1 The occupier may terminate the approval by giving the Secretary written notice of the termination.\n\n12.2 The termination takes effect:\n\n(a) 7 days after the notice is given to the Secretary; or\n\n(b) on a later day specified in the notice.\n\n## Effect of revocation or termination Effect of revocation or termination\n\n## Effect of revocation or termination\n\n13.1 On revocation or termination:\n\n(a) the approval ceases to have effect; and\n\n(b) the orders that are specified under subclause 9.1 as not applying apply.\n\n## Occupier’s commitment Occupier’s commitment\n\n## Occupier’s commitment\n\n1.1 The commitment of the occupier of an establishment used to prepare processed food for export as food to:\n\n(a) the objectives specified in suborders 3.1 and 3.2; and\n\n(b) compliance with the requirements of these Orders and applicable importing country requirements;\n\nmust be documented.\n\n> Note 1 For the meaning of occupier see order 8.\n\n> Note 2 The occupier of a registered establishment and of an unregistered establishment with approval to prepare processed food given under Part 2 of Schedule 1 must comply with this Schedule, see suborder 37.1. For exemptions from compliance with specified requirements of this Schedule given to the occupier who has approval to prepare processed food in an unregistered establishment see clause 9 of Schedule 1.\n\n> Note 3 For when the occupier of an unregistered establishment (ie a catcher boat) need not comply with this Schedule see suborder 37.2.\n\nDivision II Approved arrangements\n\n## Minimum requirements for approved arrang Minimum requirements for approved arrangements\n\n## Minimum requirements for approved arrangements\n\n2.1 An arrangement for the preparation of processed food at an establishment that is required for the purposes of order 36 of these Orders must cover each step of the preparation of processed food undertaken at the establishment and must:\n\n(a) contain a HACCP plan referred to in clause 3 of this Schedule; and\n\n(b) document the controls used to ensure that the applicable requirements of these Orders (other than a requirement of Schedule 3) are complied with at the establishment; and\n\n(c) identify the applicable importing country requirements and document the controls used to ensure compliance with these requirements; and\n\n(d) document any other measures necessary to ensure there is a sound basis for giving any export permit or issuing any government certificate for processed food prepared at the establishment.\n\n> Note 1 For the requirement for the occupier to have an approved arrangement see order 36.\n\n> Note 2 For the meaning of export permit, government certificate, HACCP and importing country requirement see order 8.\n\n> Note 3 For requirements for ascertaining export eligibility to a particular country see clause 53 of Schedule 5. For the issue of a government certificate required by an importing country authority see Part 2 of Schedule 9.\n\n2.2 Paragraphs 2.1 (c) applies only to each importing country requirement for which compliance with these Orders would not be sufficient to result in compliance with the importing country requirement.\n\n> Note 1 For example subclause 2.2 refers to importing country requirements that are in addition to or more stringent than the requirements of these Orders.\n\n> Note 2 For regulatory arrangements where compliance with an importing country requirement would not result in compliance with these Orders see order 87.\n\n## HACCP plan HACCP plan\n\n## HACCP plan\n\n3.1 The HACCP plan must identify each of the steps in the preparation of the food.\n\n> Note For guidance see the Codex requirements for a HACCP plan. A flow chart may be used.\n\n3.2 For each step the HACCP plan must identify the potential hazards that may reasonably be expected to occur.\n\n> Note For the meaning of hazard see order 8.\n\n3.3 The HACCP plan must identify the means of control of each potential hazard.\n\n3.4 Despite subclause 3.3 hazards controlled by meeting the operational hygiene requirements of these Orders need not be identified as part of the HACCP plan.\n\n> Note For examples of operational hygiene requirements referred to in subclause 3.4 see the requirements in Schedule 4 for cleaning, pest controls, hazardous substances and the like which must be included as part of the approved arrangement, see paragraph 2.1 (b) of this Schedule.\n\n3.5 For each significant hazard that is identified the HACCP plan must identify:\n\n(a) the critical control points; and\n\n(b) the critical limits; and\n\n(c) the procedures to be used to monitor the potential hazards to ensure compliance with each critical limit including:\n\n(i) the frequency with which these procedures are to be performed; and\n\n(ii) the person, or persons included in a class of persons, who are to carry out these procedures; and\n\n(d) the corrective action to be taken if a critical limit is exceeded.\n\n> Note For the meaning of critical control point, critical limit and monitor see order 8.\n\n3.6 The action that referred to in paragraph 3.5 (d) includes:\n\n(a) action to address the fact the critical limit is exceeded; and\n\n(b) action to ensure that the exceeding of the critical limit does not recur; and\n\n(c) an assessment of the effectiveness of the action taken.\n\n3.7 The HACCP plan must identify procedures used to verify compliance with the HACCP plan and the frequency with which these procedures are to be performed.\n\n3.8 The HACCP plan must provide for records to be made and documents to be kept to demonstrate compliance with the HACCP plan and its effectiveness.\n\n> Note For requirements for validation see for example clause 12 of Schedule 4 and clauses 24 to 31 and 39 to 41 of Schedule 5.\n\n3.9 In this clause:\n\n> a significant hazard means a hazard (or a hazard in combination with other hazards) that is of such a nature that its elimination, control or reduction to an acceptable level is essential to the production of safe food.\n\nDivision III Management practices\n\n## Management practices, organisational str Management practices, organisational structure, resources and competence\n\n## Management practices, organisational structure, resources and competence\n\n4.1 The management practices, organisational structure, provision of resources and the provision of personnel and their competence (including knowledge, training, skills and experience) must:\n\n(a) be documented; and\n\n(b) be appropriate to ensure each of the following are met:\n\n(i) the applicable requirements of these Orders;\n\n(ii) the applicable importing country requirements.\n\n## Person in management or control must be  Person in management or control must be present\n\n## Person in management or control must be present\n\n5.1 A person in management or control of the operations must be present whenever operations to prepare processed food for export as food are in progress.\n\n> Note For the meaning of person in management or control see order 8.\n\n5.2 If an occupier of an establishment, who must under suborder 37.1 ensure the requirements of this Schedule are complied with, fails to comply with a requirement of subclause 5.1 the occupier is guilty of an offence.\n\nLevel 3 penal provision\n\n> Note A level 3 penal provision means a person who is guilty of the relevant offence is punishable by a fine of 30 penalty units, see Regulation 4 of the Export Control (Orders) Regulations 1982.\n\n## Verification Verification\n\n## Verification\n\n6.1 Whether the following are complied with must be verified:\n\n(a) the applicable requirements of Division III of Part 3 of these Orders; and\n\n(b) the importing county requirements identified in the approved arrangement.\n\n> Note For the meaning of verify see order 8. Verification could for example include sampling procedures.\n\n6.2 A written record must be made of:\n\n(a) the methods, procedures, tests, monitoring and other evaluations used to verify compliance; and\n\n(b) the results of the verification.\n\n## Corrective and preventative action Corrective and preventative action\n\n## Corrective and preventative action\n\n7.1 If a requirement of Division III of Part 3 of these Orders or an importing country requirement identified in the approved arrangement is not complied with or is not likely to be complied with:\n\n(a) action must be taken:\n\n(i) to address the fact the requirement is not complied with or is not likely to be complied with; and\n\n(ii) to ensure that the failure to comply with the requirement, or the likelihood that it is not complied with, does not recur; and\n\n(b) the effectiveness of the action taken must be assessed.\n\n> Note For directions to take action to correct or prevent the recurrence of a non compliance see Part 8 of these Orders.\n\n7.2 A written record must be made of the action referred to in paragraph 7.1 (a) that is taken and the assessment of its effectiveness.\n\n## Internal audit and management review Internal audit and management review\n\n## Internal audit and management review\n\n8.1 Internal audits and management reviews of the effectiveness of the management practices at the establishment in meeting:\n\n(a) the requirements of Division III of Part 3 of these Orders; and\n\n(b) the importing country requirements identified in the approved arrangement;\n\nmust be conducted at least once every twelve months.\n\n> Note For external audits see Part 6 of these Orders.\n\n8.2 A written record must be made of:\n\n(a) the internal audits and managements reviews conducted; and\n\n(b) the results of the audits and reviews.\n\n> Note 1 For other examples of requirements to make records see subclause 3.8 and clause 17 of this Schedule, clause 1 of Schedule 4 and clause 5 of Schedule 8. See also order 83.\n\n> Note 2 For making electronic records see subsection 12 (1) of the Electronic Transactions Act 1999.\n\n8.3 For an establishment employing less than three people subclause 8.1 is taken to be satisfied if a management review is conducted.\n\n## Sampling and analysis Sampling and analysis\n\n## Sampling and analysis\n\n9.1 Sampling and the analysis of a sample made for the purposes of these Orders must be made in accordance with the method for sampling and analysis specified in these Orders.\n\n> Note For an example of methods of sampling and analysis specified in these Orders see clause 4 of Schedule 6.\n\n9.2 If a method of sampling and analysis is not specified in these Orders the sampling and analysis must be made in accordance with:\n\n(a) an applicable method specified in the Food Standards Code; or\n\n(b) an applicable method specified in a relevant standard published by Standards Australia; or\n\n(c) any other validated science based method that is appropriate for the sample to be tested and that ensures the accuracy of the results obtained.\n\n## Notifiable diseases Notifiable diseases\n\n## Notifiable diseases\n\n10.1 If an animal from which processed food is derived:\n\n(a) is at an establishment used to prepare processed food for export; and\n\n(b) is affected by or is suspected of being affected by a notifiable disease;\n\nthe occupier of the establishment must notify an authorized officer without delay.\n\n> Note For the meaning of notifiable disease see order 8.\n\n10.2 If an occupier of an establishment, who must under suborder 37.1 ensure the requirements of this Schedule are complied with, fails to comply with a requirement of subclause 10.1 the occupier is guilty of an offence.\n\n> Note A level 5 penal provision means a person who is guilty of the relevant offence is punishable by a fine of 50 penalty units, see Regulation 4 of the Export Control (Orders) Regulations 1982.\n\n## Requirement to retain documents Requirement to retain documents\n\n## Requirement to retain documents\n\n11.1 Each document that:\n\n(a) is made by the occupier of an establishment or that comes into the possession of the occupier of an establishment used for the preparation of processed food; and\n\n(b) is relevant to whether the occupier complies with:\n\n(i) the requirements of the Act, these Orders or the occupier’s approved arrangement or a condition of that arrangement; and\n\n(ii) the importing country requirements identified in the approved arrangement;\n\nmust be retained for a period of not less than three years from the time the document is made by the occupier or comes into the occupier’s possession (as the case may be).\n\n> Note 1 For retaining records electronically see subsection 12 (2) of the Electronic Transactions Act 1999.\n\n> Note 2 For suspension or revocation of an approved arrangement if the occupier fails to make available to an authorized officer documents the occupier is required to retain see paragraph 21.1 (e) of this Schedule.\n\n> Note 3 For audit of these documents see Part 6 of these Orders.\n\n11.2 If an occupier of an establishment, who must under suborder 37.1 ensure the requirements of this Schedule are complied with, fails to comply with a requirement of subclause 11.1 the occupier is guilty of an offence.\n\n> Note A level 5 penal provision means a person who is guilty of the relevant offence is punishable by a fine of 50 penalty units, see Regulation 4 of the Export Control (Orders) Regulations 1982.\n\nPart 2 Approved arrangements\n\nDivision I Approval of arrangements\n\n## Application for approval Application for approval\n\n## Application for approval\n\n12.1 A person who is or is to be the occupier of an establishment may apply to the Secretary for approval of an arrangement for the preparation of processed food.\n\n> Note A person includes a body politic as well as a natural person, see paragraph 22 (1) (a) of the Acts Interpretation Act 1901. (See also section 13 of the Legislative Instruments Act 2003.)\n\n12.2 The arrangement for which approval is sought must:\n\n(a) accompany the application; or\n\n(b) be made available for evaluation by the Secretary.\n\n## Assessment of application and Secretary’ Assessment of application and Secretary’s decision\n\n## Assessment of application and Secretary’s decision\n\n13.1 For the purposes of assessing the application the Secretary must:\n\n(a) evaluate the arrangement in a desk audit; and\n\n(b) conduct an inspection of the establishment, facilities, equipment and services to be used in the operations.\n\n13.2 The Secretary may in order to consider the application request any of the following that the Secretary reasonably requires:\n\n(a) further information or documents of the kind specified by the Secretary;\n\n(b) a demonstration of the operations and procedures to be followed;\n\n(c) the applicant’s consent to the use (at the applicant’s expense) of an appropriately qualified person nominated by the Secretary in any inspection, evaluation or demonstration.\n\n13.3 If the Secretary has not made a decision on whether to approve the arrangement within 60 days after the day the application is received (not including any period between the Secretary making a written request under subclause 13.2 and the applicant meeting the request) the Secretary is taken to have refused the application.\n\n## When the Secretary may approve the arran When the Secretary may approve the arrangement\n\n## When the Secretary may approve the arrangement\n\n14.1 The Secretary may by written notice given to the applicant approve the arrangement if the Secretary is satisfied that:\n\n(a) the arrangement complies with subclause 2.1 of this Schedule; and\n\n(b) compliance with the controls specified in the arrangement will ensure that:\n\n(i) the requirements of these Orders will be complied with at the establishment; and\n\n(ii) the applicable importing country requirements will be complied with at the establishment; and\n\n(iii) there is a sound basis for giving any export permit or issuing any government certification for processed food prepared at the establishment; and\n\n(c) the occupier will comply with the arrangement.\n\n14.2 The approval takes effect:\n\n(a) when written notice of it is given to the applicant; or\n\n## Notice of decision not to approve an arr Notice of decision not to approve an arrangement\n\n## Notice of decision not to approve an arrangement\n\n15.1 If the Secretary decides not to approve an arrangement, the Secretary must give the occupier written notice of the decision.\n\n15.2 The notice must:\n\n(a) set out the reason for the decision; and\n\n(b) tell the occupier of his or her right to apply for reconsideration of the decision.\n\n> Note For reconsideration and review of the Secretary’s decision, see Part 16 of the Export Control (Prescribed Goods — General) Order 2005 and see orders 98 and 99 of these Orders.\n\n## Approved arrangement may be subject to c Approved arrangement may be subject to conditions\n\n## Approved arrangement may be subject to conditions\n\n16.1 The Secretary may:\n\n(a) approve an arrangement subject to conditions specified in the notice of approval; and\n\n(b) by written notice given to the occupier of an establishment impose new conditions or vary or revoke the conditions.\n\n16.2 The conditions must be for the purpose of ensuring compliance with the matters specified in subparagraphs 14.1 (b) (i), 14.1 (b) (ii) and 14.1 (b) (iii) of this Schedule.\n\n> Note If there is non compliance with the arrangement or its conditions (including with an importing country requirement specified in the approved arrangement) the Secretary may suspend or revoke the arrangement, see paragraph 21.1 (a) of this Schedule. Non compliance may preclude the issue of an export permit, see Division IV of Schedule 9 or the issue of a government certificate, see Part 2 of Schedule 9. For audit of compliance with an approved arrangement see Part 6 of these Orders. For directions to take action to correct or prevent the recurrence of a non compliance see Part 8 of these Orders.\n\nDivision II Variation of approved arrangement\n\n## Variations to be recorded Variations to be recorded\n\n## Variations to be recorded\n\n17.1 The occupier must make a record of each variation of an approved arrangement.\n\nLevel 2 penal provision\n\n> Note A level 2 penal provision means a person who is guilty of the relevant offence is punishable by a fine of 20 penalty units, see Regulation 4 of the Export Control (Orders) Regulations 1982.\n\n## Variations requiring notification and ap Variations requiring notification and approval before implementation\n\n## Variations requiring notification and approval before implementation\n\n18.1 A proposed variation (or a proposed variation in combination with other variations) to an arrangement that has the potential to adversely affect:\n\n(a) the likelihood of compliance with the requirements of these Orders or an applicable importing country requirement; or\n\n(b) the fitness for human consumption or integrity of processed food at the establishment; or\n\n(c) an accurate assessment being made as to whether:\n\n(i) there is compliance with requirements of these Orders or an applicable importing country requirement; or\n\n(ii) processed food at the establishment is fit for human consumption and its integrity is assured;\n\nmust not be implemented unless:\n\n(d) the occupier of the establishment make a written application to the Secretary for approval to vary the arrangement; and\n\n(e) the Secretary gives the occupier a written notice approving the variation.\n\n> Note 1 A level 5 penal provision means a person who is guilty of the relevant offence is punishable by a fine of 50 penalty units, see Regulation 4 of the Export Control (Orders) Regulations 1982.\n\n> Note 2 Variations (including variations not covered by clause 18) need to be recorded (see clause 17 of this Schedule). Variations not covered by clause 18 are to be considered for approval by the auditor at the time of audit.\n\n18.2 A proposed variation of a provision of an approved arrangement (or a proposed variation in combination with other variations) that:\n\n(a) identifies persons in management or control or their functions (including as it designates persons who may make declarations or possess, alter, interfere with or apply an official mark) under these Orders; or\n\n(b) relates to any of the following:\n\n(i) an alternative, procedure, standard or other requirement referred to in suborder 86.5 of these Orders;\n\n(ii) a control referred to in suborder 87.6 of these Orders;\n\n(iii) an alternative requirement or control referred to in these Orders;\n\n(iv) a matter referred to in subclause 11.2 of Schedule 9;\n\nmust not be implemented unless:\n\n(c) the occupier of the establishment makes a written application to the Secretary for approval to vary the arrangement; and\n\n(d) the Secretary gives the occupier a written notice approving the variation.\n\n> Note 1 A level 5 penal provision means a person who is guilty of the relevant offence is punishable by a fine of 50 penalty units, see Regulation 4 of the Export Control (Orders) Regulations 1982.\n\n> Note 2 For the meaning of person in management or control see order 8.\n\n> Note 3 For an example of an alternative requirement or control referred to in subparagraph 18.2 (b) (iii) see subclause 24.1 of Schedule 5 and subclauses 1.3, 2.3, 3.3 or 4.3 of Schedule 6.\n\n## Variations required by the Secretary Variations required by the Secretary\n\n## Variations required by the Secretary\n\n19.1 The Secretary may give the occupier of an establishment a written notice requiring the occupier to submit a variation of an approved arrangement if:\n\n(a) circumstances relating to the preparation of the food at the establishment change; or\n\n(b) the Secretary is not satisfied that compliance with the controls specified in the approved arrangement for the preparation of processed food ensures that the matters specified in subparagraphs 14.1 (b) (i), 14.1 (b) (ii) and 14.1 (b) (iii) of this Schedule are complied with; or\n\n(c) an applicable importing country authority requirement changes; or\n\n(d) the person to whom the Secretary gives the approval of an arrangement under clause 14 of this Schedule ceases to be the person in charge of the operations to prepare processed food at the establishment.\n\n> Note For the requirement to notify the Secretary of changes persons in management or control see Division 4.4 of Part 4 of the Export Control (Prescribed Goods — General) Order 2005.\n\n19.2 The notice must:\n\n(a) specify the variation required; and\n\n(b) specify the period within which the variation must be submitted to the Secretary.\n\n19.3 The Secretary may give the occupier a notice approving the variation submitted.\n\n19.4 An occupier who is given a notice under subclause 19.1 must not fail to submit the variation specified in the notice within the period specified.\n\n## When an arrangement includes a variation When an arrangement includes a variation\n\n## When an arrangement includes a variation\n\n20.1 An approved arrangement includes a variation to the arrangement.\n\n20.2 If a variation is of a kind referred to in subclauses 18.1, 18.2 or 19.1 of this Schedule, then the approved arrangement includes the variation only when the Secretary gives a notice approving the variation in accordance with paragraphs 18.1 (e) or 18.2 (d) or subclause 19.3 (as the case may be).\n\nDivision III Suspension and revocation\n\n## Grounds for suspension or revocation Grounds for suspension or revocation\n\n## Grounds for suspension or revocation\n\n21.1 The Secretary may give the occupier of an establishment written notice suspending or revoking the approval of an arrangement if the registration of the establishment is revoked or the Secretary has reasonable grounds to believe that:\n\n(a) a requirement of any of the following is not complied with by the occupier:\n\n(i) these Orders;\n\n(ii) the occupier’s approved arrangement or a condition of that arrangement (including an importing country requirement identified in that arrangement); or\n\n(b) compliance with the controls specified in the approved arrangement is unreliable or not effective in ensuring that the matters specified in subparagraphs 14.1 (b) (i), 14.1 (b) (ii) or 14.1 (b) (iii) of this Schedule are met; or\n\n(c) the occupier or a person in management or control of the establishment has, in an application or other document given to the Secretary or in a document or information that must under a requirement these Orders or the occupier’s approved arrangement or a condition of that arrangement be made or given, made a statement:\n\n(i) that is false, misleading, or incomplete; or\n\n(ii) for which there is no sound basis for making the statement; or\n\n(d) the occupier fails to provide such assistance to an auditor as is reasonably necessary to enable the auditor to perform an audit of the establishment; or\n\n(e) the occupier fails to make available to an authorized officer a document that, under a requirement of these Orders or the occupier’s approved arrangement or a condition of that arrangement, the occupier is required to retain; or\n\n(f) the person to whom the Secretary gives the approval of the approved arrangement ceases to be the person in charge of the operations to prepare processed food at the establishment.\n\n> Note 2 For penal provisions relating to requirements to give information or documents to an authorized officer or the Secretary see Part III, Division 7 of the Act.\n\n> Note 3 For requirements to retain documents see clause 11 of this Schedule.\n\n> Note 4 For the requirement to notify the Secretary of changes to persons in management or control etc see Division 4.4 of Part 4 of the Export Control (Prescribed Goods — General) Order 2005.\n\n21.2 The Secretary may suspend or revoke the approval of an arrangement at the written request of the occupier.\n\n21.3 The suspension or revocation of the approval of the arrangement may be:\n\n(a) in full; or\n\n(b) in part, in respect of:\n\n(i) one or more of the processed foods prepared at the establishment; or\n\n(ii) one or more of the stages of preparation of the food.\n\n21.4 The suspension or revocation takes effect:\n\n(a) when written notice of it is given to the person to whom the approval was given under clause 14.2; or\n\n## Notice of suspension or revocation Notice of suspension or revocation\n\n## Notice of suspension or revocation\n\n22.1 If the Secretary suspends or revokes the approval of an arrangement, the Secretary must give the occupier written notice of:\n\n(a) the reason for the suspension or revocation; and\n\n(b) the occupier’s right to apply for reconsideration of the decision to suspend or revoke; and\n\n(c) if the approval is suspended — the period of the suspension.\n\n> Note For reconsideration and review of the Secretary’s decision see Part 16 of the Export Control (Prescribed Goods — General) Order 2005. See further orders 98 and 99 of these Orders.\n\n22.2 A period of suspension must not exceed 12 months and may be extended only if the total period does not exceed 12 months.\n\n## Revocation of suspended arrangement Revocation of suspended arrangement\n\n## Revocation of suspended arrangement\n\n23.1 The Secretary may revoke an approval of an arrangement that is suspended despite the fact that the period of suspension has not expired.\n\n23.2 The Secretary may revoke an arrangement that is suspended on grounds that are the same as or similar to the grounds for the suspension.\n\n## Termination Termination\n\n## Termination\n\n24.1 An occupier may terminate the occupier’s approved arrangement:\n\n(a) in full; or\n\n(b) in part, in respect of:\n\n(i) one or more of the processed foods prepared at the establishment; or\n\n(ii) one or more of the stages of preparation of the food;\n\nby giving the Secretary written notice of the termination.\n\n24.2 The termination takes effect:\n\n(a) 7 days after the notice is given to the Secretary; or\n\n(b) on a later day specified in the notice.\n\n## Secretary may require the occupier to ta Secretary may require the occupier to take action\n\n## Secretary may require the occupier to take action\n\n25.1 If the approval of an arrangement (or part of an arrangement) at an establishment:\n\n(a) is suspended or revoked; or\n\n(b) is terminated;\n\nthe Secretary may, by giving the occupier of the establishment a notice, require the occupier to take action within the period specified in the notice in respect of any of the following:\n\n(c) any official marks held by the occupier;\n\n(d) any export permits or government certificates the Secretary has issued or given to the occupier under these Orders;\n\n(e) any processed food at the establishment.\n\n25.2 The action referred to in subclause 25.1 must be action to ensure compliance by the occupier with one of more of the objectives specified in suborders 3.1 and 3.2.\n\n## Occupier must comply with notice Occupier must comply with notice\n\n## Occupier must comply with notice\n\n26.1 An occupier who is given a notice under subclause 25.1 must take the action specified in the notice within the period specified.\n\n> Note A level 5 penal provision means a person who is guilty of the relevant offence is punishable by a fine of 50 penalty units, see Regulation 4 of the Export Control (Orders) Regulations 1982.\n\n## When an approved arrangement ceases to h When an approved arrangement ceases to have effect\n\n## When an approved arrangement ceases to have effect\n\n27.1 An approval of an arrangement (or a part of an arrangement) ceases to have effect if the approval of the arrangement (or that part of the arrangement) is revoked or terminated.\n\n> Note For revocation or termination in part see subclause 21.3 and clause 24 of this Schedule.\n\n27.2 An approval of an arrangement (or a part of an arrangement) ceases to have effect for the period of its suspension.\n\n## Provision of facilities and equipment Provision of facilities and equipment\n\n## Provision of facilities and equipment\n\n1.1 Establishments used to prepare processed food must have the premises, facilities, equipment and vehicles that are necessary to ensure the preparation of processed food is conducted in accordance with the requirements of these Orders.\n\n> Note 1 Premises includes for example a ship, a building and any part of a building (eg fittings and fixtures) see section 3 of the Act.\n\n> Note 2 For the meaning of equipment and vehicle see order 8.\n\n> Note 3 For when Part 1 of this Schedule does not apply to catcher boats, registered fishing vessels and live fish packing establishments see Part 2 of this Schedule.\n\n## Construction of premises Construction of premises\n\n## Construction of premises\n\n2.1 The premises and their construction must:\n\n(a) facilitate the preparation of processed food that is fit for human consumption; and\n\n(b) be fit for the purpose for which they are used; and\n\n(c) have sufficient capacity for the maximum quantity of processed food prepared at the premises at any one time; and\n\n(d) permit the premises to be effectively cleaned and, if necessary, sanitised if there is a risk they may cause contamination of processed food; and\n\n(e) permit the premises to be effectively accessed, inspected and monitored; and\n\n(f) not permit the harbourage of pests; and\n\n(g) to the extent that is practicable:\n\n> Note For the meaning of construction, pest, sanitise and substance see order 8.\n\n## Construction must comply with plans and  Construction must comply with plans and specifications\n\n## Construction must comply with plans and specifications\n\n3.1 The construction of the premises and equipment must, in the case of registered establishments, comply with the plans and specifications in relation to which the Secretary registers the establishment.\n\n> Note For plans and specifications see Part 1 of Schedule 1.\n\n3.2 Alterations or additions for which a proposal is required under section 4.20 of the Export Control (Prescribed Goods — General) Order 2005 must comply with the plans and specifications in relation to which approval for the proposal is given.\n\n## Immediate surrounds Immediate surrounds\n\n## Immediate surrounds\n\n4.1 Areas immediately surrounding buildings, roads and other areas serving land based premises used to prepare processed food must:\n\n(a) be paved, graded, landscaped or otherwise treated so as to minimise the risk of dust, pests or contaminants entering food handling areas; and\n\n(b) be adequately drained.\n\n## Floors Floors\n\n## Floors\n\n5.1 Floors must be constructed in a way that is appropriate for the preparation of processed food at the premises.\n\n5.2 Floors (including stairs, platforms and the like) in food handling areas, areas used for cleaning and sanitising and areas for personal hygiene must:\n\n(a) be able to be effectively cleaned and if necessary, sanitised if there is a risk they may cause contamination of processed food; and\n\n(c) allow for adequate drainage; and\n\n(d) not permit the harbourage of pests; and\n\n(e) to the extent that is practicable:\n\n> Note For the meaning of food handling area see order 8.\n\n5.3 Subclause 5.2 does not apply to floors in food handling areas on ships that are not enclosed.\n\n5.4 Subclause 5.2 does not apply to areas for cleaning vehicles.\n\n5.5 The floors of areas for cleaning vehicles must:\n\n(a) be able to be effectively cleaned; and\n\n(b) have impervious surfaces; and\n\n(c) be drained.\n\n## Walls and ceilings Walls and ceilings\n\n## Walls and ceilings\n\n6.1 Walls and ceilings must:\n\n(a) be provided where they are necessary to protect processed food or ingredients from contamination; and\n\n(b) be constructed in a way that is appropriate for the activities conducted at the premises.\n\n6.2 Walls and ceilings in food handling areas and in areas used for cleaning and sanitising and for personal hygiene must:\n\n(a) be able to be effectively cleaned and if necessary, sanitised if there is a risk they may cause contamination of processed food; and\n\n(c) to the extent that is practicable:\n\n(iii) minimise the accumulation of contaminating substances (including condensation).\n\n6.3 Subclause 6.2 does not apply to areas for cleaning vehicles.\n\n6.4 The walls and ceilings of areas for cleaning vehicles must:\n\n(a) be able to be effectively cleaned; and\n\n(b) have impervious surfaces.\n\n## Fixtures, fittings and equipment — gener Fixtures, fittings and equipment — general requirement\n\n## Fixtures, fittings and equipment — general requirement\n\n7.1 The fixtures, fittings and equipment (including in refrigeration chambers and storage areas) must:\n\n(a) facilitate the preparation of processed food that is fit for human consumption; and\n\n(b) be fit for the purpose for which they are used; and\n\n(c) have sufficient capacity for the maximum quantity of processed food prepared at any one time using the fixtures, fittings and equipment concerned.\n\n> Note 1 For the meaning of refrigeration chamber and storage area see order 8.\n\n> Note 2 For example refrigeration chambers need to have adequate capacity. For validation of refrigeration chambers see clause 12 of Schedule 4.\n\n## Construction of fixtures, fittings and e Construction of fixtures, fittings and equipment\n\n## Construction of fixtures, fittings and equipment\n\n8.1 The fixtures, fittings and equipment must be constructed so that:\n\n(a) they do not cause contamination of processed food; and\n\n(b) they are able to be easily and effectively cleaned, and if necessary, sanitised if there is a risk they may cause contamination of processed food; and\n\n(c) adjacent floors, walls, ceilings and other surfaces are able to be easily and effectively cleaned; and\n\n(d) they can be effectively accessed, inspected and monitored; and\n\n(e) to the extent practicable they:\n\n(ii) do not permit the entry or harbourage of pests; and\n\n8.2 Food contact surfaces of fixtures, fittings and equipment must:\n\n(a) be able to be easily and effectively cleaned and, if necessary sanitised, if there is a risk they may cause contamination of processed food; and\n\n(c) be constructed of materials that do not contaminate processed food.\n\n> Note 1 Equipment includes implements but does not include vehicles used to transport processed food, see order 8. However equipment does include things used to handle and load processed food during transport. For requirements for vehicles used to transport processed food clause 9 of this Schedule.\n\n> Note 2 For the meaning of food contact surface see order 8.\n\n## Food carrying compartments, container sy Food carrying compartments, container system units and vehicles\n\n## Food carrying compartments, container system units and vehicles\n\n9.1 Container system units and the food carrying compartments of vehicles used for the transport of processed food must be designed and constructed:\n\n(a) to protect processed food if there is a likelihood of its being contaminated during transport; and\n\n(b) so that they are able to be effectively cleaned.\n\n9.2 Food contact surfaces of:\n\n(a) container system units; and\n\n(b) the food carrying compartments referred to in subclause 9.1;\n\nmust be constructed so that they are able to be effectively cleaned and if necessary sanitised.\n\n9.3 Container system units and the food carrying compartments of vehicles used for the transport of chilled or frozen processed food must be effectively insulated, constructed and equipped to maintain the food at the temperatures required in clause 28 of Schedule 5.\n\n9.4 The food carrying compartment need not comply with subclauses 9.1 or 9.3 if the processed food is transported in a container system unit that meets the requirements of subclause 9.1 or 9.3 (as the case may be).\n\n> Note 1 For the meaning of container system unit, food carrying compartment and vehicle see order 8.\n\n> Note 2 Clause 9 applies to all food carrying compartments used to transport processed food including live fish.\n\n> Note 3 For transport see further clause 4 of Schedule 4, Parts 5 and 6 of Schedule 5 and clause 14 of Schedule 8.\n\n## Measuring devices Measuring devices\n\n## Measuring devices\n\n10.1 Measuring instruments that are relevant to whether the requirements of these Orders are complied with must:\n\n(a) enable measurements to be accurately calculated using standard units of measurement; and\n\n(b) meet levels of tolerance that are appropriate to the measurements taken; and\n\n(c) be able to be easily read.\n\n> Note For the calibration of measuring devices see clause 11 of Schedule 4.\n\n10.2 Temperature measuring devices must be able to measure the temperature of processed food to an accuracy of +/-1°C.\n\n10.3 Refrigeration chambers and other equipment used for controlling the temperature of processed food must have a readily accessible temperature measuring device.\n\n> Note 1 For guidance on Australian legal units of measurements and tolerances, reference may be had to the National Measurement Act 1960. For the application of the National Measurement Act 1960 in relation to contracts, dealings or transactions made or entered into in connection with the exportation of goods, see section 13 of that Act.\n\n> Note 2 For validation of refrigeration chambers see clause 12 of Schedule 4.\n\n## Storage facilities for items other than  Storage facilities for items other than processed food\n\n## Storage facilities for items other than processed food\n\n11.1 The premises must have adequate facilities for the storage of items that could contaminate processed food, including chemicals, clothing and personal belongings.\n\n11.2 The facilities must be located where there is no risk of stored items contaminating processed food.\n\nDivision II Cleaning and sanitising facilities\n\n## Cleaning and sanitising premises and equ Cleaning and sanitising premises and equipment\n\n## Cleaning and sanitising premises and equipment\n\n12.1 The premises must have appropriate facilities for cleaning and sanitising premises and equipment.\n\n12.2 Facilities for cleaning and sanitising equipment in contact with processed food must be located where they can be readily accessed by food handlers engaged in activities that require the cleaning and sanitising of the equipment.\n\n> Note 1 For the meaning of food handler see order 8.\n\n> Note 2 For floors, walls and ceilings in areas used for cleaning see clauses 5 and 6 of this Schedule.\n\n> Note 3 See further clauses 8 and 9 of Schedule 4 for requirements for the use and storage etc of chemicals and other hazardous substances.\n\n## Hand washing facilities Hand washing facilities\n\n## Hand washing facilities\n\n13.1 The premises must have handwashing facilities.\n\n13.2 The hand washing facilities must be located near or adjacent to areas where food handlers work if there is a risk that their hands could be a source of contamination of processed food or ingredients.\n\n13.3 The hand washing facilities must:\n\n(a) have an adequate supply of warm, or hot and cold potable water over a sink; and\n\n(b) have a suitable hand sanitising preparation; and\n\n(c) have suitable and sufficient hygienic means of drying hands; and\n\n(d) have non hand operated taps (other than in an establishment preparing milk and milk products); and\n\n(e) be clearly designated for the sole purpose of washing hands, arms and face.\n\n> Note For when catcher boats, registered fishing vessels and live fish packing establishments need not comply with the requirements of this clause see Part 2 of this Schedule.\n\nDivision III Amenities\n\n## Amenities Amenities\n\n## Amenities\n\n14.1 The premises must have adequate and conveniently located amenities for the use of food handlers.\n\n> Note For the meaning of amenities see order 8.\n\n14.2 The amenities must:\n\n(a) be physically separated from food handling areas and must not open directly onto these areas; and\n\n(b) be well lit and ventilated; and\n\n(c) not be a source of contamination of processed food.\n\n> Note For the removal and storage of waste see clauses 16 and 17 of this Schedule.\n\n14.3 Hand washing facilities must be provided near toilets.\n\n14.4 The hand washing facilities must have:\n\n(a) an adequate supply of warm, or hot and cold potable water over a sink; and\n\n(b) a suitable hand sanitising preparation; and\n\n(c) suitable and sufficient hygienic means of drying hands.\n\n> Note 1 Contrast requirements in clause 13 of this Schedule for hand washing facilities.\n\n> Note 2 For when catcher boats, registered fishing vessels and live fish packing establishments need not comply with the requirements of this clause see Part 2 of this Schedule.\n\nDivision IV Essential services\n\n## General requirement General requirement\n\n## General requirement\n\n15.1 The premises must have the essential services that are necessary to ensure the preparation of processed food for export as food that is fit for human consumption.\n\n> Note For the meaning of essential services see order 8.\n\n## Effluent and waste Effluent and waste\n\n## Effluent and waste\n\n16.1 The premises must have a sewerage and waste system that:\n\n(a) effectively disposes of and, if necessary, treats all sewage and waste, including during peak load; and\n\n(b) prevents the sewage or waste polluting the establishment’s water supply or contaminating processed food; and\n\n(c) ensures that discharge:\n\n(i) is contained; and\n\n(ii) is directed to the drainage system.\n\n> Note 1 Subparagraph 16.1 (c) (ii) would require for example that discharge from refrigeration be directed to the drainage system.\n\n> Note 2 For when catcher boats, registered fishing vessels and live fish packing establishments need not comply with the requirements of subparagraph 16.1 (c) (ii) see Part 2 of this Schedule.\n\n## Facilities for storage of waste and ined Facilities for storage of waste and inedible material\n\n## Facilities for storage of waste and inedible material\n\n17.1 The premises must have facilities for the separation and storage of waste and inedible material prior to its removal from the premises that adequately contain the volume and type of waste and inedible material on the premises.\n\n17.2 The facilities and containers used for the waste and inedible material must:\n\n(a) prevent access to waste or inedible material by pests; and\n\n(b) prevent the waste or inedible material polluting the water supply or contaminating processed food; and\n\n(c) be clearly identified as for use for storage of waste and inedible material.\n\n## Lighting Lighting\n\n## Lighting\n\n18.1 The premises must have a lighting system that provides sufficient natural or artificial light for the activities conducted at the premises.\n\n> Note See for example AS 1680 Part 1-1990 Interior lighting: General principles and recommendations and AS/NZ 1680.2.4 1997 Industrial tasks and Processes.\n\n18.2 The lighting system must not be a source of contamination.\n\n> Note Subclause 18.2 would require for example that light bulbs and lighting fixtures suspended over processed foods be protected.\n\n## Ventilation Ventilation\n\n## Ventilation\n\n19.1 The premises must have adequate ventilation (natural or mechanical):\n\n(a) to effectively minimise the risk of airborne contamination (such as steam, smoke and condensation) of processed food; and\n\n(b) where appropriate, to control ambient temperature.\n\n## Water supply Water supply\n\n## Water supply\n\n20.1 The premises must have a supply of potable water that is available for use at a volume, pressure and temperature that is adequate for the purposes for which the water is used.\n\n> Note 1 For the meaning of potable see order 8.\n\n> Note 2 For operational requirements for the use of water see clause 14 to 19 of Schedule 4.\n\n20.2 Potable and non potable water must be supplied in separate lines (including outlets) that are readily identifiable as being for use for potable or non potable water (as the case may be).\n\n20.3 Re-circulated water must have a separate distribution system which can be readily identified.\n\nPart 2 Application of Schedule: catcher boats, registered fishing vessels and live fish packing establishments\n\n## Catcher boats Catcher boats\n\n## Catcher boats\n\n21.1 Part 1 of this Schedule (other than clause 1) does not apply to a catcher boat.\n\n21.2 Despite subclause 21.1 Part 1 of this Schedule applies to a catcher boat if the catcher boat is a registered fishing vessel.\n\n21.3 Catcher boats and their construction must:\n\n(a) be appropriate for the activities for which the catcher boat is used; and\n\n(b) be able to be effectively cleaned; and\n\n(c) to the extent practicable not permit the entry or harbourage of pests; and\n\n(d) have the necessary facilities and equipment to:\n\n(i) prevent the contamination of fish during preparation and transport on the catcher boat; and\n\n(ii) ensure the requirements for placing the fish under temperature controls are met.\n\n> Note For requirements to place fish under temperature controls see Part 2 of Schedule 5.\n\n## Registered fishing vessels Registered fishing vessels\n\n## Registered fishing vessels\n\n22.1 On written application by the occupier of a registered fishing vessel the Secretary may by written notice given to the occupier specify that one or more requirements of any of the following clauses of this Schedule do not apply to the registered fishing vessel:\n\n(a) clause 13;\n\n(b) clause 14;\n\n(c) subparagraph 16.1 (c) (ii).\n\n> Note For the meaning of registered fishing vessel see order 8.\n\n22.2 The Secretary must not give the notice under subclause 22.1 unless the Secretary is satisfied that:\n\n(a) it would be impracticable for the registered fishing vessel to comply with the requirement; and\n\n(b) non compliance with the requirement does not jeopardise the fitness for human consumption of fish prepared on the registered fishing vessel.\n\n22.3 The Secretary may amend or revoke the notice by giving the occupier of the registered fishing vessel a further written notice.\n\n## Live fish packing establishments Live fish packing establishments\n\n## Live fish packing establishments\n\n23.1 Areas of an establishment used solely for the following purposes:\n\n(a) to pack live fish (other than shellfish);\n\n(b) to grow and hold live fish prior to packing at the establishment;\n\nare exempt from the requirements of paragraph 13.3 (d) of this Schedule.\n\n> Note For the meaning of shellfish see order 8.\n\n23.2 On written application by the occupier of an establishment referred to in subclause 23.1 the Secretary may by written notice given to the occupier specify that one or more requirements of any of the following clauses of this Schedule do not apply to the establishment:\n\n(a) clause 13 (other than paragraph 13.3 (d));\n\n(b) clause 14;\n\n(c) subparagraph 16.1 (c) (ii).\n\n23.3 The Secretary must not give the notice under subclause 23.2 unless the Secretary is satisfied that:\n\n(a) it would be impracticable for the establishment to comply with the requirement; and\n\n(b) non compliance with the requirement does not jeopardise the fitness for human consumption of fish for export as food prepared at the establishment.\n\n23.4 The Secretary may amend or revoke the notice by giving the occupier of the establishment a further written notice.\n\n## Hygiene control program Hygiene control program\n\n## Hygiene control program\n\n1.1 A program of operational controls for the hygienic preparation of processed food must be documented and in place at premises used to prepare processed food.\n\n> Note 1 Premises includes a ship see section 3 of the Act.\n\n> Note 2 See the requirements in clause 2 of Schedule 2 for how the approved arrangement must document the controls used to ensure that the requirements of these Orders are met.\n\n## Standard of cleanliness Standard of cleanliness\n\n## Standard of cleanliness\n\n2.1 The premises must be maintained to a standard of cleanliness where there is no accumulation of:\n\n(a) garbage, except in garbage containers; or\n\n(b) recycled matter, except in recycling containers; or\n\n(c) food waste; or\n\n(d) dirt; or\n\n(e) grease; or\n\n(f) other visible matter that could contaminate processed food.\n\n2.2 Equipment used for the preparation of processed food must be maintained to a standard of cleanliness where there is no accumulation of:\n\n(a) food waste; or\n\n(b) dirt; or\n\n(c) grease; or\n\n(d) other visible matter that could contaminate processed food.\n\n> Note Equipment includes implements but does not include vehicles used to transport processed food, see order 8. For requirements for vehicles used to transport processed food see clause 4 of this Schedule.\n\n## Requirement to clean and maintain Requirement to clean and maintain\n\n## Requirement to clean and maintain\n\n3.1 The following must be cleaned and sanitised whenever it is necessary to do so to prevent the contamination of processed food:\n\n(a) floors, walls, ceilings, other fixtures and fittings in the following areas:\n\n(i) food handling areas; and\n\n(ii) areas used for cleaning and sanitising equipment, vehicles and protective clothing;\n\n(iii) personal hygiene amenities; and\n\n(b) equipment and food contact surfaces.\n\n3.2 Equipment used for killing, bleeding, skinning or eviscerating a crocodile or removing meat from its carcase must be cleaned and sanitised whenever necessary to ensure that there is no cross contamination between carcases and carcase parts from different crocodiles.\n\n3.3 Subclauses 3.1 and 3.2 do not apply to a single-use item that is disposed of after use or when contaminated.\n\n> Note For the meaning of single-use item see order 8.\n\n3.4 The surrounds of land based premises used to prepare processed food must be cleaned to the extent necessary to ensure the surrounds are not a source of contamination of processed food.\n\n3.5 Premises and equipment must be maintained in a good state of repair and working order to the extent necessary to facilitate the hygienic preparation of the food.\n\n## Vehicles etc for the transport of proces Vehicles etc for the transport of processed food\n\n## Vehicles etc for the transport of processed food\n\n4.1 The following must be cleaned and sanitised whenever it is necessary to do so to prevent the contamination of processed food:\n\n(a) container system units, food carrying compartments and vehicles used for the transport of processed food; and\n\n(b) equipment used to handle food during loading and transport.\n\n> Note For the meaning of container system unit, food carrying compartment, and vehicle see order 8.\n\n4.2 The following must be maintained in a good state of repair and working order to the extent necessary to ensure the fitness for human consumption of processed food is not adversely affected during transport:\n\n(a) container system units, food carrying compartments and vehicles used for the transport of processed food; and\n\n(b) equipment used to handle food during loading and transport.\n\n## Environmental contamination Environmental contamination\n\n## Environmental contamination\n\n5.1 Effective measures must be taken to ensure processed food is not contaminated by environmental contamination (including air borne or water borne contamination).\n\n## Exclusion of animals Exclusion of animals\n\n## Exclusion of animals\n\n6.1 Live animals (other than animals for processing as processed food at the premises) must not be permitted to enter premises used for the preparation of processed food.\n\n6.2 Subclause 6.1 does not apply to the entry of guard dogs in the perimeter area provided the area is not used:\n\n(a) as a food handling area; or\n\n(b) for cleaning and sanitising equipment or for personal hygiene.\n\n## Pests Pests\n\n## Pests\n\n7.1 To the extent practicable, the entry of pests into premises and equipment used for the preparation of processed food must be prevented.\n\n7.2 The harbourage of pests in the premises and equipment must be prevented.\n\n## Hazardous substances Hazardous substances\n\n## Hazardous substances\n\n8.1 Hazardous substances must:\n\n(a) not contaminate processed food; and\n\n(b) be stored in containers that:\n\n(i) are labelled with the name of the substance and a warning about its toxicity and use; and\n\n(ii) are not used for any purpose other than the storage of hazardous substances.\n\n## Use and storage of substances which coul Use and storage of substances which could cause contamination\n\n## Use and storage of substances which could cause contamination\n\n9.1 Except when necessary for hygienic or preparation purposes, substances which could contaminate processed food must not be used or stored in food handling areas.\n\nDivision II Hygiene requirements for processing\n\n## Measures to prevent contamination Measures to prevent contamination\n\n## Measures to prevent contamination\n\n10.1 Effective measures must be taken to:\n\n(a) prevent the contamination of processed food for export as food and its ingredients by any thing or activity; and\n\n(b) minimise the growth in processed food for export as food and its ingredients of pathogens that could adversely affect the fitness for human consumption of the food given the conditions under which it is to be stored, handled and transported; and\n\n(c) ensure that the fitness for human consumption of:\n\n(i) processed food for export as food; and\n\n(ii) ingredients;\n\nare not otherwise adversely affected.\n\n> Note 1 For the meaning of ingredient see order 8.\n\n> Note 2 Paragraph 10.1 (a) requires for example that processed food and ingredients not be contaminated by:\n\n> Note: (a) procedures for the preparation of processed food; or\n\n> Note: (b) cleaning, sanitising or maintenance activities; or\n\n> Note: (c) handling or use etc of equipment, ingredients or packaging materials.\n\n> Note 3 Paragraph 10.1 (a) also requires for example that processed food and ingredients not be cross contaminated by animal food or processed food that is unfit for human consumption. See further Part 7 of Schedule 5.\n\n10.2 Without limiting the generality of subclause 10.1 effective measures must be taken to prevent processed food that is not ready for human consumption contaminating processed food that is ready for human consumption.\n\n## Calibration of measuring instruments Calibration of measuring instruments\n\n## Calibration of measuring instruments\n\n11.1 Measuring instruments that are relevant to whether the requirements of these Orders are complied with must be accurately calibrated.\n\n## Refrigeration chambers Refrigeration chambers\n\n## Refrigeration chambers\n\n12.1 The approved arrangement must validate that refrigeration chambers achieve the applicable temperature controls for chilling, freezing and maintaining processed food, taking account of the maximum quantity of processed food to be chilled, frozen or maintained at any one time using the chamber.\n\n## Ingredients Ingredients\n\n## Ingredients\n\n13.1 Ingredients must:\n\n(a) be fit for the purpose for which they are used; and\n\n(b) be labelled, stored and handled in a way that ensures their identity can be ascertained.\n\n> Note For requirements for ingredients to comply with product standards see Schedule 6.\n\n## Water must be potable Water must be potable\n\n## Water must be potable\n\n14.1 All water used at premises used to prepare processed food (including reused water, recirculated water and ice) must be potable unless:\n\n(a) the water is only used in circumstances where there is no risk of the water coming into contact with or contaminating processed food; and\n\n(b) the approved arrangement expressly provides for the use of the non-potable water in the circumstances in which it is used.\n\n> Note 1 For the meaning of potable water see order 8.\n\n> Note 2 Paragraph 14.1 (a) covers a risk of water contaminating processed food even if it does not come into contact with the food.\n\n> Note 3 For requirements for potable water for handwashing facilities and amenities see subclauses 13.3 and 14.4 of Schedule 3.\n\n## Microbial limits Microbial limits\n\n## Microbial limits\n\n15.1 Water required under these Orders to be potable must not contain any Escherichia coli per 100 millilitres.\n\n15.2 The examination of water for the purpose of verifying whether the requirements of subclause 15.1 are complied with must in the case of milk and milk products be performed by a laboratory accredited by NATA to perform the examination.\n\n> Note 1 For verification see subclause 3.7 and clause 6 of Schedule 2.\n\n> Note 2 For when the approved arrangement must identify any applicable importing country requirements for the examination of water, see paragraph 2.1 (c) of Schedule 2.\n\n> Note 3 For guidance see the Australian Drinking Water Guidelines 1996 jointly published by the National Health and Medical Research Council and the Agriculture and Resource Management Council of Australia and New Zealand. For these guidelines see the NHMRC website http://www.health.gov.au/nhmrc.\n\n> Note 4 For when the Secretary may give the occupier a notice enabling the use of another laboratory to perform the examination, see alternative compliance under order 86.\n\n> Note 5 For special requirements for water for depuration and for wet storage of live fish see Divisions IV and V of Part 1 of Schedule 5. For requirements for water used to cool canned product see clause 35 of Schedule 5.\n\n## Use of clean sea water Use of clean sea water\n\n## Use of clean sea water\n\n16.1 Notwithstanding subclause 14.1 of this Schedule clean sea water may be used at premises used to prepare fish (other than crocodiles) if the applicable approved arrangement expressly provides for the use of the clean sea water in the circumstances in which it is used.\n\n16.2 The clean sea water must not adversely affect the fitness for human consumption of the fish.\n\n> Note 1 For special requirements for water for depuration and for wet storage of live fish see Divisions IV and V of Part 1 of Schedule 5.\n\n> Note 2 For verification see subclause 3.7 and clause 6 of Schedule 2.\n\n## The supply of potable and non potable wa The supply of potable and non potable water\n\n## The supply of potable and non potable water\n\n17.1 The reticulation system must prevent the back siphonage of used or contaminated water.\n\n17.2 Non potable water reticulation systems for an establishment must not contaminate the establishment’s potable and water reticulation systems.\n\n## Steam Steam\n\n## Steam\n\n18.1 Steam used in contact with processed food or food contact surfaces must be free from substances which may:\n\n(a) be hazardous to health; or\n\n(b) contaminate the food.\n\n> Note See Standard 1.3.3 of the Food Standards Code for requirements for processing aids and see further Schedule 6.\n\n## Compressed air and other gases Compressed air and other gases\n\n## Compressed air and other gases\n\n19.1 Compressed air or other processing gases that come into contact with processed food must be free from substances which may:\n\n(a) be hazardous to health; or\n\n(b) contaminate the food.\n\n> Note See Standard 1.3.3 of the Food Standards Code for requirements for processing aids and see further Schedule 6.\n\nDivision III Personal hygiene and health requirements\n\n## Meaning of food handling area Meaning of food handling area\n\n## Meaning of food handling area\n\n20.1 In this Division food handling area means an area (including a refrigeration chamber or storage area) used for exposed processed food or ingredients.\n\n> Note Contrast the meaning of food handling area in order 8.\n\n## Food borne diseases Food borne diseases\n\n## Food borne diseases\n\n21.1 A person known or suspected to be suffering from, or to be a carrier of a disease likely to be transmitted through processed food must not work in any food handling area in any capacity in which there is any risk of such a person directly or indirectly contaminating the food with pathogens.\n\n21.2 A person known or suspected to be suffering from, or to be a carrier of a disease likely to be transmitted through processed food must immediately report their disease to a person in management or control of an establishment engaged in the preparation of processed food if:\n\n(a) the person is at the establishment; or\n\n(b) the person suspects that the disease may have resulted in the contamination of processed food at the establishment.\n\n> Note 2 For the occupier’s liability if the requirements of this Division are not complied with see suborder 39.1.\n\n## Conditions and injuries Conditions and injuries\n\n## Conditions and injuries\n\n22.1 A person who has a condition and who handles processed food must take all practical measures to prevent the condition resulting in contamination of processed food.\n\n> Note For the meaning of condition see order 8.\n\n22.2 Coverings used for conditions must:\n\n(a) be effective in preventing contamination of processed food; and\n\n(b) be waterproof, firmly secured and conspicuous in colour.\n\n## Personal cleanliness Personal cleanliness\n\n## Personal cleanliness\n\n23.1 A person in a food handling area must:\n\n(a) take all practicable measures to ensure his or her body, anything from his or her body and anything he or she is wearing does not contaminate processed food or food contact surfaces; and\n\n(b) take all practicable measures to prevent unnecessary contact with processed food; and\n\n(c) ensure his or her outer clothing is of a level of cleanliness that is appropriate for the handling of processed food that is being conducted.\n\n23.2 A person in a food handling area must not engage in:\n\n(a) behaviour which could result in contamination of processed food, such as eating, smoking, chewing, spitting, sneezing or coughing over unprotected processed food or food contact surfaces; or\n\n(b) any other behaviour likely to adversely affect the fitness for human consumption of processed food.\n\n> Note 1 For guidance see Standard 3.2.2 of the Food Standards Code.\n\n> Note 2 A person in a food handling includes a visitor to the area.\n\n23.3 A person engaged in handling food must wash (using a sanitising agent) and dry thoroughly his or her hands:\n\n(a) on entering the food handling area; and\n\n(b) immediately after using the toilet; and\n\n(c) after touching the nose or mouth; and\n\n(d) after handling contaminated material; and\n\n(e) whenever necessary to avoid contaminating the food.\n\n> Note The wearing of gloves does not remove the obligation to wash hands.\n\n23.4 A person engaged in skinning or eviscerating a crocodile or removing meat from its carcase must wash (using a sanitising agent) and dry thoroughly his or her hands between each crocodile carcase.\n\n## Personal effects and clothing Personal effects and clothing\n\n## Personal effects and clothing\n\n24.1 Personal effects and clothing must not be stored in food handling areas.\n\n> Note For storage facilities for personal effects and clothing see clause 11 of Schedule 3.\n\n## Protective clothing Protective clothing\n\n## Protective clothing\n\n25.1 A person in a food handling area must at all times wear protective clothing (including a hair covering) and footwear.\n\n25.2 The protective clothing and footwear must:\n\n(a) be suitable (including appropriately designed) to prevent anything from the person’s body contaminating processed food; and\n\n(b) be maintained in good repair and in a clean and sanitary condition so as not to present a risk of contamination of processed food or food contact surfaces.\n\nPart 2 Application of Schedule: catcher boats\n\n## Presence of potentially harmful substanc Presence of potentially harmful substances\n\n## Presence of potentially harmful substances\n\n1.1 Processed food for export as food must not be sourced from or washed using water from areas where there are reasonable grounds to believe that any of the following are present and could result in unacceptable levels in the food:\n\n(a) potentially harmful pathogens; or\n\n(b) potentially harmful substances such as pesticides, fungicides, heavy metals, natural toxicants or other contaminants.\n\n## Sourcing processed food Sourcing processed food\n\n## Sourcing processed food\n\n2.1 Processed food for use in preparing processed food must be sourced only from:\n\n(a) a registered establishment; or\n\n(b) an unregistered establishment in relation to which an approval given by the Secretary in accordance with clause 8 of Schedule 1 has effect; or\n\n(c) an establishment to which, under orders 23 to 26, these Orders do not apply or an unregistered establishment that is a catcher boat.\n\n2.2 Subclause 2.1 applies only to processed food sourced from establishments in Australia.\n\nDivision II Sourcing and handling eggs\n\n## Sourcing eggs Sourcing eggs\n\n## Sourcing eggs\n\n3.1 Eggs sourced directly from an establishment engaged in the collection, storing and chilling of eggs (including an establishment to which these Orders do not apply) must be sourced only from an establishment with:\n\n(a) disease management controls in place that ensure that only healthy flocks are used for laying; and\n\n(b) effective measures in place that ensure:\n\n(i) flocks for laying are not given feed or treated with a substance that could adversely affect the fitness for human consumption of eggs; and\n\n(ii) the collection of eggs is done under conditions that ensure the fitness for human consumption of the eggs is not adversely affected; and\n\n(iii) as soon as practicable after laying, the eggs are placed under temperature controls that minimise the growth of pathogens that could adversely affect the fitness for human consumption of the eggs.\n\n> Note For when these Orders do not apply to establishments engaged in storing and chilling of whole eggs at the premises at which the eggs are laid see order 23. For the application of these Orders see also the meaning of preparation in section 3 of the Act.\n\n## Cracked eggs Cracked eggs\n\n## Cracked eggs\n\n4.1 Cracked eggs must:\n\n(a) be segregated from uncracked eggs; and\n\n(b) not contaminate other eggs.\n\n> Note For the meaning of cracked egg see order 8.\n\n4.2 If the membrane of a cracked egg is leaking, the contents of the egg must be dealt with as processed food that is not for export as food.\n\n> Note 1 For identification and segregation requirements for processed food that must be dealt with as not for export as food see clause 50 of this Schedule.\n\n> Note 2 Cracked eggs cannot be exported as a whole egg, see clause 6 of this Schedule.\n\n## Cleaning and cracking eggs Cleaning and cracking eggs\n\n## Cleaning and cracking eggs\n\n5.1 The cleaning and cracking of eggs must be done in a way that minimises the risk of contamination of their contents.\n\n## Whole eggs Whole eggs\n\n## Whole eggs\n\n6.1 Eggs for export as food as whole eggs must have shells that:\n\n(a) are not cracked or broken; and\n\n(b) are free from stain, dirt, blood, faecal matter and any foreign matter.\n\n> Note For the meaning of whole egg see order 8.\n\n## Fertilised eggs Fertilised eggs\n\n## Fertilised eggs\n\n7.1 Fertilised eggs must be dealt with as processed food that is not for export as food.\n\n> Note 1 For identification and segregation requirements for processed food that must be dealt with as not for export as food see clause 50 of this Schedule.\n\n> Note 2 For requirements for pasteurisation or other treatments for eggs see Division III of Part 3 of this Schedule.\n\nDivision III Harvesting and sourcing fish\n\n## Dead or diseased fish and species affect Dead or diseased fish and species affected by ciguatoxin\n\n## Dead or diseased fish and species affected by ciguatoxin\n\n8.1 Fish that:\n\n(a) are dead at the time of harvest; or\n\n(b) are diseased;\n\nmust not be prepared for export.\n\n> Note 1 For the meaning of diseased and fish see order 8.\n\n> Note 2 For notification if animals from which processed food is derived are suspected of being affected with a notifiable disease see clause 10 of Schedule 2.\n\n> Note 3 Fish that are crocodiles are treated separately see Division VI of this Part.\n\n8.2 All practical measures for harvesting fish of a species that can be affected by ciguatoxin (being measures that are necessary to minimise the risk of the harvest and preparation for export of fish affected by ciguatoxin) must be taken.\n\n> Note Practical measures could for example include controls on fish size and location of harvest.\n\n## Shellfish harvest areas Shellfish harvest areas\n\n## Shellfish harvest areas\n\n9.1 Shellfish for export as food must not be harvested from:\n\n(a) a Prohibited area for the purposes of the Australian Shellfish Quality Assurance Program — Export Standards; or\n\n(b) any other area in contravention of a requirement for harvesting from that area that is specified under the Australian Shellfish Quality Assurance Program — Export Standards.\n\n> Note For the meaning of Australian Shellfish Quality Assurance Program — Export Standards and shellfish see order 8.\n\n9.2 Subclause 9.1 does not apply to:\n\n(a) scallops if the final product is only the adductor muscle; and\n\n(b) shellfish harvested from off-shore locations;\n\nunless the off-shore location is classified as an Off-shore harvesting area in accordance with the Australian Shellfish Quality Assurance Program — Export Standards.\n\n## Segregation of shellfish Segregation of shellfish\n\n## Segregation of shellfish\n\n10.1 Shellfish must:\n\n(a) be identified by lot; and\n\n(b) be kept separate from shellfish from any other lot.\n\n10.2 Shellfish must not be held in the same storage tank as other fish.\n\n10.3 In subclause 10.1:\n\n> lot means a single species of shellfish harvested from a particular harvesting area and designated by a single harvest record number.\n\n## Sourcing fish from establishments to whi Sourcing fish from establishments to which these Orders do not apply and catcher boats\n\n## Sourcing fish from establishments to which these Orders do not apply and catcher boats\n\n11.1 Fish (other than crocodiles) for export as food that are sourced directly from:\n\n(a) an establishment to which under order 24 these Orders do not apply; or\n\n(b) an unregistered establishment that is a catcher boat that need not be registered under order 35;\n\nmust be sourced only from an establishment:\n\n(c) with disease management controls in place that ensure that only healthy fish are harvested for food; and\n\n(d) with effective measures in place to ensure:\n\n(i) the fish are not given feed or treated with a substance that could adversely affect the fitness for human consumption of the fish; and\n\n(ii) the harvesting, growing, relaying, killing, bleeding, gilling, heading, gutting, sorting, grading, washing and icing for transport of the fish is done under conditions that ensure the fitness for human consumption of the fish is not adversely affected; and\n\n(iii) as soon as practicable after harvesting, the fish are placed under temperature controls that minimise the growth of pathogens that could adversely affect the fitness for human consumption of the fish; and\n\n(e) in the case of shellfish — where the harvester is given approval by the relevant State or Territory authority responsible for regulating the growing and harvesting of the shellfish (however this is expressed).\n\n## Growing and harvesting at establishments Growing and harvesting at establishments to which these Orders apply\n\n## Growing and harvesting at establishments to which these Orders apply\n\n12.1 Fish harvested at an establishment to which these Orders apply must:\n\n(a) be healthy at the time of harvest; and\n\n(b) not be fed or treated with a substance that could adversely affect the fitness for human consumption of the fish; and\n\n(c) be harvested, grown, held, killed and otherwise prepared under conditions that ensure the fitness for human consumption of the fish is not adversely affected; and\n\n(d) in the case of shellfish — must be harvested only by a person who is given approval by the relevant State or Territory authority responsible for regulating the growing and harvesting of the shellfish (however this is expressed).\n\n> Note For the requirement to place the fish under temperature controls see Part 2 of this Schedule.\n\nDivision IV Depuration of shellfish\n\n## When depuration is required When depuration is required\n\n## When depuration is required\n\n13.1 Shellfish must be depurated unless they are sourced:\n\n(a) from an area in an open status that is classified for the purposes of the Australian Shellfish Quality Assurance Program — Export Standards as:\n\n(i) an Approved, Conditional Approved or Off-shore harvesting area; or\n\n(ii) an Approved Remote area; or\n\n(b) from a fishery located off-shore.\n\n> Note For the meaning of depuration and off-shore see order 8.\n\n## Shellfish for depuration Shellfish for depuration\n\n## Shellfish for depuration\n\n14.1 Shellfish for depuration must be clean and practically free of mud and weed.\n\n14.2 Depurated shellfish must be kept separate from undepurated shellfish.\n\n## Water used for depuration Water used for depuration\n\n## Water used for depuration\n\n15.1 Water used for depuration must:\n\n(a) be practically free from turbidity; and\n\n(b) be of a salinity, temperature, dissolved oxygen level and pH necessary for the normal physiological functioning of the shellfish.\n\n15.2 Unless water for depuration is sourced from an area in an open status that is classified for the purposes of the Australian Shellfish Quality Assurance Program — Export Standards as:\n\n(a) an Approved or Conditional Approved harvesting area; or\n\n(b) an Approved Remote area;\n\nthe water must be treated so that it does not contain detectable levels of the coliform group per 100ml.\n\n> Note This provision requires for example the treatment of water from an area that is classified for the purposes of the Australian Shellfish Quality Assurance Program — Export Standards as a Restricted or Conditional Restricted harvesting area when in an open status.\n\n## Depuration must be effective Depuration must be effective\n\n## Depuration must be effective\n\n16.1 The depuration of the shellfish must achieve an effective reduction of pathogens in the shellfish.\n\n16.2 Subclause 16.1 is taken to be complied with if the Escherichia coli is reduced to the applicable level specified in Standard 1.6.1 of the Food Standards Code.\n\n16.3 Subclause 16.2 does not preclude other methods of validation of compliance with subclause 16.1.\n\n16.4 Shellfish must be depurated for at least 36 hours and if any interruption occurs, the process of depuration must be restarted.\n\n16.5 Sufficient water must be provided in a manner that accomplishes effective depuration.\n\nDivision V Wet storage of shellfish\n\n## Wet storage Wet storage\n\n## Wet storage\n\n17.1 The fitness for human consumption of shellfish must be maintained during wet storage.\n\n17.2 Shellfish must:\n\n(a) be clean prior to being placed in a wet storage tank; and\n\n(b) be handled and stored in such a manner that their physiological activity is not adversely affected prior to or during wet storage.\n\n17.3 Unless water for the wet storage of shellfish is sourced from an area in an open status that meets the Approved classification criteria under Australian Shellfish Quality Assurance Program — Export Standards the water must be treated so that it does not contain detectable levels of the coliform group per 100ml.\n\n> Note The Approved classification criteria apply to the Approved or Conditional Approved harvest areas and the Approved Remote area. This provision requires for example the treatment of water from an area that is classified for the purposes of the Australian Shellfish Quality Assurance Program — Export Standards as a Restricted or Conditional Restricted harvesting area when in an open status.\n\n17.4 Water used for the wet storage of shellfish must not result in the contamination of the shellfish.\n\n17.5 If a multiple tank system with a common water supply is used for the wet storage, water from a tank containing fish other than shellfish must be effectively disinfected before entering a tank containing shellfish.\n\nDivision VI Sourcing, killing and initial processing of crocodiles\n\n## Sourcing crocodiles and crocodile meat Sourcing crocodiles and crocodile meat\n\n## Sourcing crocodiles and crocodile meat\n\n18.1 The following:\n\n(a) crocodiles for slaughter for crocodile meat; and\n\n(b) crocodile meat;\n\nthat are sourced directly from an establishment engaged in growing, killing or bleeding of crocodiles (including from an establishment to which these Orders do not apply) must be sourced only from an establishment with:\n\n(c) disease management controls in place to ensure only healthy animals are killed for crocodile meat; and\n\n(d) effective measures in place to ensure:\n\n(i) crocodiles are not given feed or treated with a substance that could adversely affect the fitness for human consumption of crocodile meat derived from the crocodiles; and\n\n(ii) the killing of crocodiles and bleeding is done under conditions that ensure the fitness for human consumption of the crocodile meat is not adversely affected; and\n\n(iii) as soon as practicable after killing the crocodile from which the crocodile meat is derived, the meat is placed under temperature controls that minimise the growth of pathogens that could adversely affect the fitness for human consumption of the meat.\n\n> Note 1 For the meaning of crocodile meat see order 8.\n\n> Note 2 For when these Orders do not apply to establishments engaged in killing and bleeding crocodiles see order 25.\n\n> Note 3 See also requirements for the killing of crocodiles in clause 19 of this Schedule and the temperature controls for crocodile meat in Part 2 of this Schedule.\n\n## Killing, skinning, evisceration and remo Killing, skinning, evisceration and removal of meat\n\n## Killing, skinning, evisceration and removal of meat\n\n19.1 The following must not be killed for processed food for export as food:\n\n(a) moribund or diseased crocodiles;\n\n(b) crocodiles fed or treated with a substance referred to in subparagraph 18.1 (d) (i) of this Schedule;\n\n(c) crocodiles rejected for slaughter for human consumption.\n\n> Note For the meaning of diseased see order 8.\n\n19.2 The killing, bleeding, skinning and evisceration of crocodiles and the removal of their meat must be done in accordance with procedures that minimise or eliminate the risk of contamination of crocodile meat.\n\n> Note For guidance on how to comply with this provision see the Australian Standard for Hygienic Production of Crocodile Meat For Human Consumption. For example feed should be withheld from crocodiles at least 2 days before they are killed. Localised abscesses encountered during skinning should be removed by trimming.\n\n19.3 During skinning, evisceration and the removal of meat there must be no contact between the carcases and carcase parts of different crocodiles.\n\n19.4 Crocodile meat for export as food must not be contaminated by:\n\n(a) crocodile carcases and carcase parts that are not washed, skinned and eviscerated; or\n\n(b) external crocodile skin surfaces or by the contents of the gut, oesophagus and cloaca; or\n\n(c) other foreign matter.\n\n## Post mortem controls Post mortem controls\n\n## Post mortem controls\n\n20.1 Effective measures must be taken to ensure:\n\n(a) an accurate post mortem disposition can be applied to all crocodile carcases and carcase parts; and\n\n(b) only crocodile carcases and carcase parts that are not diseased and are fit for human consumption are processed for human consumption.\n\n20.2 Crocodile carcases and carcase parts must:\n\n(a) be passed for human consumption; or\n\n(b) be passed for animal food; or\n\n(c) be condemned;\n\nin accordance with the criteria specified in the Australian Standard for Hygienic Production of Crocodile Meat For Human Consumption.\n\n> Note 1 For the meaning of animal food, Australian Standard for Hygienic Production of Crocodile Meat For Human Consumption and condemned see order 8.\n\n> Note 2 For identification requirements applying to animal food and to processed food not fit for human consumption see Part 7 of this Schedule.\n\n## Diseased and condemned material Diseased and condemned material\n\n## Diseased and condemned material\n\n21.1 Diseased crocodile carcases and carcase parts must be condemned or downgraded for animal food.\n\n> Note For the meaning of diseased see order 8.\n\n21.2 Condemned crocodile carcases and carcase parts must:\n\n(a) be identified as condemned; and\n\n(b) be denatured or destroyed to prevent use as food or for animal food.\n\nDivision VII Sourcing milk\n\n## Sourcing milk Sourcing milk\n\n## Sourcing milk\n\n22.1 Milk sourced directly from an establishment engaged in milking and storing and chilling milk (including from an establishment to which these Orders do not apply) must be sourced only from an establishment with:\n\n(a) disease management controls in place to ensure only healthy animals are used for milking; and\n\n(b) effective measures in place to ensure:\n\n(i) animals for milking are not given feed or treated with a substance that could adversely affect the fitness for human consumption of milk; and\n\n(ii) the collection of milk is done under conditions that ensure the fitness for human consumption of the milk is not adversely affected; and\n\n(iii) as soon as practicable after milking, the milk is placed under temperature controls that minimise the growth of pathogens that could adversely affect the fitness for human consumption of the milk.\n\n> Note 1 For when these Orders do not apply to establishments engaged in storing or chilling milk provided no part of the premises are used for any preparation of processed food other than storing and chilling milk, see order 26.\n\n> Note 2 For temperature controls for milk see Part 2 of this Schedule.\n\nPart 2 Chilling, freezing, thawing and tempering\n\nDivision I Chilling and freezing\n\n## Processed food must be placed under temp Processed food must be placed under temperature controls\n\n## Processed food must be placed under temperature controls\n\n23.1 Processed food must be placed under temperature controls:\n\n(a) for eggs — as soon as practicable after laying; and\n\n(b) for fish (other than crocodiles) — as soon as practicable after the fish are harvested; and\n\n(c) for crocodile meat — as soon as practicable after the crocodile from which the meat is derived is killed; and\n\n(d) for milk — as soon as practicable after milking.\n\n## Chilling Chilling\n\n## Chilling\n\n24.1 Processed food that is to be chilled must:\n\n(a) be cooled:\n\n(i) for whole eggs — to a temperature of 15°C or less; and\n\n(ii) in any other case — to a temperature of 5°C or less; or\n\n(b) be cooled in accordance with the alternative temperature controls specified for chilling the food in the applicable approved arrangement.\n\n24.2 If paragraph 24.1 (b) applies, the applicable approved arrangement must validate that:\n\n(b) the way in which the chilling is to be done;\n\nminimises the growth of pathogens that could adversely affect the fitness for human consumption of the food given the conditions under which the food is to be stored, handled, loaded and transported.\n\n## Rate of chilling Rate of chilling\n\n## Rate of chilling\n\n25.1 The chilling of processed food must be performed with sufficient rapidity so as to minimise the growth of pathogens that could adversely affect the fitness for human consumption of the food given the conditions under which the food is to be stored, handled, loaded and transported.\n\n25.2 The applicable approved arrangement must validate that the rate of chilling achieves the outcome specified in subclause 25.1.\n\n## Chilling crocodile meat exposed to sparg Chilling crocodile meat exposed to sparganosis\n\n## Chilling crocodile meat exposed to sparganosis\n\n26.1 In addition to clause 24.1 the meat of a crocodile exposed to or suspected of being infested by Spirometra erinacei (sparganosis) must:\n\n(a) immediately after processing be placed in a refrigeration chamber; and\n\n(b) be:\n\n(i) rapidly dropped and held at a temperature of minus 12°C or cooler at the site of microbiological concern for a minimum of 5 days; or\n\n(ii) subjected to such other temperature controls that achieve a reduction in the level of Spirometra erinacei (sparganosis) at the site of microbiological concern that is equivalent to that achieved under subparagraph 26.1 (b) (i).\n\n> Note For the meaning of site of microbiological concern see order 8.\n\n26.2 If subparagraph 26.1 (b) (ii) applies, the applicable approved arrangement must validate that:\n\n(b) the way in which the controls are to be applied;\n\nachieves a reduction in the level of Spirometra erinacei (sparganosis) at the site of microbiological concern that is equivalent to that achieved under subparagraph 26.1 (b) (i).\n\n## Freezing Freezing\n\n## Freezing\n\n27.1 The freezing of processed food must achieve:\n\n(a) a temperature at the site of microbiological concern of:\n\n(i) for crocodiles — minus 15°C or cooler; and\n\n(ii) in any other case — minus 18°C or cooler; or\n\n(b) the alternative temperature specified for freezing the food in the applicable approved arrangement.\n\n27.2 If paragraph 27.1 (b) applies, the applicable approved arrangement must validate that:\n\n(b) the way in which the freezing is to be done;\n\nminimises the growth of pathogens that could adversely affect the fitness for human consumption of the food given the conditions under which the food is to be stored, handled, loaded and transported.\n\n27.3 The freezing of processed food must be performed with sufficient rapidity to minimise the growth of pathogens that could adversely affect the fitness for human consumption of the food given the conditions under which the food is to be stored, handled, loaded and transported.\n\n27.4 The applicable approved arrangement must validate that the rate of freezing achieves the outcome specified in subclause 27.3.\n\n## Storage, handling, loading and transport Storage, handling, loading and transport of chilled or frozen processed food\n\n## Storage, handling, loading and transport of chilled or frozen processed food\n\n28.1 Chilled and frozen processed food must be maintained during storage, handling, loading and transport at:\n\n(a) temperatures specified for chilling or freezing the food in paragraph 24.1 (a) or paragraph 27.1 (a) (as the case may be) of this Schedule; or\n\n(b) the alternative temperature specified for maintaining the food in the applicable approved arrangement.\n\n> Note For the meaning of chilled and frozen see order 8.\n\n28.2 If paragraph 28.1 (b) applies the applicable approved arrangement must validate that:\n\n(a) maintaining the food at the alternative temperature; and\n\n(b) the way in which this is to be done;\n\nminimises the growth of pathogens that could adversely affect the fitness for human consumption of the food given the conditions under which the food is to be stored, handled, loaded and transported.\n\nDivision II Thawing and tempering\n\n## Thawing and tempering Thawing and tempering\n\n## Thawing and tempering\n\n29.1 Frozen processed food must be thawed and tempered under temperature controls that minimise the growth of pathogens that could adversely affect the fitness for human consumption of the food.\n\n29.2 The applicable approved arrangement must validate that the temperature controls for the thawing and tempering achieve the objective specified in subclause 29.1.\n\n","sortOrder":0},{"sectionNumber":"Part 3","sectionType":"part","heading":"Preserving processed food","content":"Part 3 Preserving processed food\n\nDivision I General\n\n## Outcome for preservation processes Outcome for preservation processes\n\n## Outcome for preservation processes\n\n30.1 Unless otherwise specified in this Part a process applied to processed food for the purpose of extending its shelf life must ensure the safety of the food by:\n\n(a) destroying or preventing the growth of pathogens; or\n\n(b) reducing their growth to a level that ensures the microbiological safety of the food is not adversely affected.\n\n> Note For microbiological limits for processed food see Schedule 6.\n\n30.2 The applicable approved arrangement must validate that process controls for extending the shelf life of the food ensures that the objective specified in subclause 30.1 is met.\n\n> Note For guidance in validation see the microbial limits specified in Standard 1.6.1 of the Food Standards Code. For further guidance see the User Guide to Standard 1.6.1, July 2001 available at http://www.foodstandards.gov.au.\n\nDivision II Thermal processing of canned processed food\n\n## Commercial sterility Commercial sterility\n\n## Commercial sterility\n\n31.1 The canning of processed food must result in processed food that is commercially sterile.\n\n31.2 An establishment must validate in its approved arrangement that its process controls for canning low acid canned processed food achieve the objective specified in subclause 31.1.\n\n> Note 1 For the meaning of canned, commercially sterile and validate see order 8.\n\n## Thermal process designed from simulated  Thermal process designed from simulated conditions\n\n## Thermal process designed from simulated conditions\n\n32.1 If a thermal process used in canning processed food is designed from simulated manufacturing conditions, the results must be verified in the actual production of canned processed food using thermal processing equipment under commercial operating conditions before the thermal process is used to prepare processed food for export.\n\n## Canning must protect contents from conta Canning must protect contents from contamination\n\n## Canning must protect contents from contamination\n\n33.1 The canning process and canning materials used must prevent contamination affecting the contents of the can.\n\n33.2 Cans must be inspected and evaluated in accordance with Section 7.4.8 (‘Inspection of closures’) of Volume 1B of Codex entitled ‘Recommended International Code of Practice for Low-Acid and Acidified Low-Acid Canned Foods’ CAC/RCP 23-1979, Rev 2 (1993).\n\n> Note For requirements applying to all packaging materials including cans see Part 4 of this Schedule.\n\n## Cooling and handling cans Cooling and handling cans\n\n## Cooling and handling cans\n\n34.1 After thermal processing, the cans must be cooled and handled in a manner that prevents the introduction of pathogens that could affect the commercial sterility of the contents of the can.\n\n## Water used for cooling Water used for cooling\n\n## Water used for cooling\n\n35.1 Water used for cooling canned processed food must be potable.\n\n35.2 The method used to make the water potable must be specified in the approved arrangement.\n\n35.3 If water is made potable by chlorination the water must show a measurable free residual chlorine level after contact with the cans.\n\n## Post-processing controls Post-processing controls\n\n## Post-processing controls\n\n36.1 Cans that have undergone thermal processing must be identified and held separately from cans that have not undergone thermal processing.\n\nDivision III Eggs and egg products\n\n## When eggs and egg products must be paste When eggs and egg products must be pasteurised\n\n## When eggs and egg products must be pasteurised\n\n37.1 Eggs and egg products must:\n\n(a) be heated and cooled in accordance with clause 38 of this Schedule; or\n\n(b) be heated and cooled to any other time and temperature combination or subjected to a treatment that:\n\n(ii) ensures the resulting egg product meets the microbiological criteria specified for egg products in the Food Standards Code; or\n\n(c) be subjected to a treatment that:\n\n(ii) ensures the resulting egg product meets the microbiological criteria specified for egg products in the Food Standards Code.\n\n> Note For the microbiological criteria see Standard 1.6.1 of the Food Standards Code.\n\n37.2 Eggs that are to be exported as a whole egg need not comply with subclause 37.1.\n\n> Note For the meaning of whole egg see order 8. See also clause 6 of this Schedule.\n\n## Time and temperature controls for eggs Time and temperature controls for eggs\n\n## Time and temperature controls for eggs\n\n38.1 Liquid whole egg or a mixture of liquid egg yolk and liquid egg white must:\n\n(a) be retained at a temperature of not less than 64°C for at least 2.5 minutes; and\n\n38.2 Liquid egg yolk must:\n\n(a) be retained at a temperature of not less than 60°C for at least 3.5 minutes; and\n\n38.3 Liquid egg white must:\n\n(a) be retained at a temperature of not less than 55°C for at least 9.5 minutes; and\n\n38.4 In this clause:\n\n> liquid egg white means the white of egg separated as efficiently as practicable from the yolk in liquid form.\n\n> liquid egg yolk means the white of egg separated as efficiently as practicable from the yolk in liquid form.\n\n> liquid whole egg means the whole egg removed from the shell and includes the product which is frozen or chilled, but does not include reconstituted dried egg.\n\n## Validation of time and temperature contr Validation of time and temperature controls\n\n## Validation of time and temperature controls\n\n39.1 If paragraphs 37.1 (b) or 37.1 (c) applies, the applicable approved arrangement must validate that:\n\n(a) the heating or cooling or the treatment concerned; and\n\n(b) the way it is done;\n\nensures that the resulting egg product meets the objectives specified in subparagraphs 37.1 (b) (ii) or 37.1 (c) (iii) (as the case may be) given the conditions under which the product is to be stored, handled, loaded and transported.\n\n> Note For the meaning of validate see order 8.\n\nDivision IV Milk and milk products\n\n## Pasteurisation etc of milk and liquid mi Pasteurisation etc of milk and liquid milk products\n\n## Pasteurisation etc of milk and liquid milk products\n\n40.1 Milk must:\n\n(a) be pasteurised by being heated to a temperature of not less than 72°C for not less than 15 seconds and immediately shock cooled to a temperature of 4.5°C or less; or\n\n(b) be heated and cooled using any time and temperature combination that:\n\n(ii) is of equal or greater lethal effect on the bacteria in the milk than would be achieved by the time and temperature controls specified in paragraph 40.1 (a); or\n\n(c) be subjected to any other treatment that:\n\n(ii) meets the objective specified in subparagraph 40.1 (b) (ii) or the objective specified in subclause 30.1 of this Schedule.\n\n40.2 Liquid milk products must:\n\n(a) be heated and cooled using any time and temperature combination that:\n\n(ii) is of equal or greater lethal effect on the bacteria in the milk product than would be achieved by the time and temperature controls specified in paragraph 40.1 (a); or\n\n(b) be subjected to any other treatment that:\n\n(ii) meets the objective specified in subparagraph 40.2 (a) (ii) or the objective specified in subclause 30.1 of this Schedule.\n\n> Note For examples of verification of the pasteurisation of milk and milk products and for examples of equipment for pasteurisation see AS 3993-2003 Equipment for the pasteurization of milk and other liquid dairy products-Continuous flow systems.\n\n40.3 If paragraph 40.1 (b) or paragraph 40.1 (c) or subclause 40.2 applies the applicable approved arrangement must validate that the time and temperature combination or other treatment achieves the objectives specified for subparagraphs 40.1 (b) (ii), 40.1 (c) (ii), 40.2 (a) (ii) or 40.2 (b) (ii) (as the case may be).\n\n40.4 This clause does not apply to milk and liquid milk products used in the manufacture of cheese.\n\n## Cheese Cheese\n\n## Cheese\n\n41.1 Milk and liquid milk products used in the manufacture of cheese must:\n\n(a) be heat treated by being held at a temperature of no less than 72°C for a period of not less than 15 seconds; or\n\n(b) be heat treated using a time and temperature combination that is of equal or greater lethal effect on the bacteria in the milk and milk products than would be achieved by the time and temperature controls specified in paragraph 41.1 (a); or\n\n(c) be heat treated by being held at a temperature of no less than 62°C for a period of no less than 15 seconds, and the cheese stored at a temperature of not less than 2°C at the site of microbiological concern for a period of no less than 90 days after the day the cheese is manufactured; or\n\n(d) subjected to such other treatment that:\n\n(i) is specified in the approved arrangement applying to the treatment of the cheese; and\n\n(ii) ensures the cheese produced achieves a level of food safety equivalent to that achieved for cheese prepared from milk or liquid milk products that are treated in accordance with paragraph 41.1 (a).\n\n> Note 1 For the meaning of cheese and site of microbiological concern see order 8.\n\n> Note 2 For examples of verification of the pasteurisation of milk and milk products and for examples of equipment for pasteurisation see AS 3993-2003 Equipment for the pasteurization of milk and other liquid dairy products-Continuous flow systems.\n\n41.2 If paragraph 41.1 (b) or paragraph 41.1 (d) applies, the applicable approved arrangement must validate that the treatment achieves the objective specified in paragraph 41.1 (b) or subparagraph 41.1 (d) (ii) (as the case may be).\n\n","sortOrder":1},{"sectionNumber":"Part 4","sectionType":"part","heading":"Packaging","content":"Part 4 Packaging\n\n## Packaging materials and manner of packag Packaging materials and manner of packaging\n\n## Packaging materials and manner of packaging\n\n42.1 Packaging materials, tags and labels used to package processed food must be fit for their intended use.\n\n42.2 The manner in which processed food is packaged and the packaging materials, tags and labels used must:\n\n(a) not adversely affect the fitness for human consumption of the food; and\n\n(b) effectively protect the food from contamination in the conditions under which the food is to be stored, handled, loaded and transported.\n\n","sortOrder":2},{"sectionNumber":"Part 5","sectionType":"part","heading":"Storage, handling and loading","content":"Part 5 Storage, handling and loading\n\n## Storage, handling and loading Storage, handling and loading\n\n## Storage, handling and loading\n\n43.1 Processed food must be stored, handled and loaded in such a way that:\n\n(a) it is protected from the likelihood of contamination; and\n\n(b) the conditions (including humidity and atmosphere) under which it is stored, handled and loaded do not adversely affect the fitness for human consumption of the food.\n\n> Note For temperature controls applying to the storage, handling and loading of processed food see clause 28 of this Schedule.\n\n## Loading for transport Loading for transport\n\n## Loading for transport\n\n44.1 Processed food must not be loaded (included loaded for export) onto a vehicle, ship, aircraft or other means of transport unless:\n\n(a) the vehicle (including the food carrying compartment) and the container system unit; and\n\n(b) the equipment to be used in the food carrying compartment and the container system unit; and\n\n(c) the equipment to be used for the loading of the food;\n\ncomply with the applicable requirements of these Orders.\n\n> Note 1 For the meaning of container system unit, loaded for export and vehicle see order 8.\n\n> Note 2 The food carrying compartment is the part or area of the vehicle, ship, aircraft of other means of transport in which food is carried, see the meaning of food carrying compartment in order 8.\n\n> Note 3 For examples of the requirements of these Orders applying to the vehicle, food carrying compartment, container system unit and equipment referred to in this provision see clause 9 of Schedule 3 and clause 4 of Schedule 4.\n\n","sortOrder":3},{"sectionNumber":"Part 6","sectionType":"part","heading":"Transport","content":"Part 6 Transport\n\n## Processed food must be protected during  Processed food must be protected during transport\n\n## Processed food must be protected during transport\n\n45.1 Processed food must be transported under temperature controls that ensure that:\n\n(a) chilled or frozen processed food is maintained during transportation in accordance with the requirements of clause 28 of this Schedule; and\n\n(b) live fish are maintained alive and in a healthy condition.\n\n45.2 Processed food must be transported under such other conditions as are necessary to ensure that the fitness for human consumption of the food is not adversely affected during transport.\n\n> Note For example in order to meet subclause 45.2 processed food would need to be protected from pests and the likelihood of contamination during transport and should not be transported with live animals or any other thing that could contaminate the processed food.\n\n## Official mark must be retained during tr Official mark must be retained during transport\n\n## Official mark must be retained during transport\n\n46.1 During transport any official mark applied to the food must be retained intact.\n\n> Note See further clause 14 of Schedule 8.\n\n46.2 In this clause:\n\n> official mark means a seal declared under section 13.11 of the Export Control (Prescribed Goods — General) Order 2005 to be an official mark.\n\n","sortOrder":4},{"sectionNumber":"Part 7","sectionType":"part","heading":"Fitness for human consumption","content":"Part 7 Fitness for human consumption\n\n## Evaluation of fitness for human consumpt Evaluation of fitness for human consumption\n\n## Evaluation of fitness for human consumption\n\n47.1 Establishments preparing processed food must have procedures in place for evaluating the fitness for human consumption of:\n\n(a) all processed food (including returned product) received at the establishment; and\n\n(b) all ingredients received at the establishment; and\n\n(c) all processed food prepared for export as food at the establishment.\n\n> Note Paragraphs 47.1 (a) and 47.1 (b) apply to all processed food and ingredients received including processed food and ingredients sourced from unregistered establishments and establishments to which these Orders do not apply and including imported product.\n\n## Processed food not fit for human consump Processed food not fit for human consumption\n\n## Processed food not fit for human consumption\n\n48.1 Processed food that is not fit for human consumption must:\n\n(b) be segregated from and not contaminate processed food for export as food; and\n\n(c) not be loaded for export.\n\n48.2 Processed food that is not fit for human consumption must:\n\n(a) be disposed of so that it does not contaminate processed food, ingredients or the water supply; or\n\n(b) be treated to render it fit for human consumption.\n\n48.3 Subclauses 48.1 and 48.2 do not apply to manufacturing grade processed food or to animal food.\n\n## Manufacturing grade processed food Manufacturing grade processed food\n\n## Manufacturing grade processed food\n\n49.1 Manufacturing grade processed food must:\n\n(a) be clearly described as manufacturing grade and not fit for human consumption (or words of similar meaning); and\n\n(b) be segregated from and not contaminate processed food for export as food.\n\n## Processed food that must be dealt with a Processed food that must be dealt with as not for export as food\n\n## Processed food that must be dealt with as not for export as food\n\n50.1 Processed food that under these Orders must be dealt with as processed food that is not for export as food must:\n\n(b) be segregated from and not contaminate processed food for export as food; and\n\n(c) not be loaded for export.\n\n> Note For examples of processed food that under these Orders must not be exported as food see clauses 4 and 7 of this Schedule and clause 13 of Schedule 8.\n\n50.2 If:\n\n(a) an export permit is revoked for processed food; and\n\n(b) the Secretary gives the occupier of establishment at which the food is located a written notice rejecting the food for export;\n\nthe food must:\n\n(c) be clearly identified as not for export as food; and\n\n(d) be segregated from and not contaminate processed food for export as food; and\n\n(e) not be loaded for export.\n\n## Processed food not for export as food Processed food not for export as food\n\n## Processed food not for export as food\n\n51.1 Processed food not for export as food must:\n\n(b) be segregated from and not contaminate processed food for export as food.\n\n## Animal food Animal food\n\n## Animal food\n\n52.1 Animal food must:\n\n(a) be clearly identified as animal food and not for human consumption; and\n\n(b) be segregated from and not contaminate processed food that is for food.\n\n## Processed food for export to identified  Processed food for export to identified markets\n\n## Processed food for export to identified markets\n\n53.1 If processed food is not eligible for export to all markets the following must be readily ascertainable:\n\n(a) the countries to which the processed food is intended for export; and\n\n(b) whether the importing country requirements for each of those countries that are specified in the applicable approved arrangement are met.\n\n> Note For when the approved arrangement must document controls used to ensure compliance with importing country requirements see clause 2 of Schedule 2.\n\n## Contaminants, natural toxicants, residue Contaminants, natural toxicants, residues and food additives\n\n## Contaminants, natural toxicants, residues and food additives\n\n1.1 Processed food for export as food and its ingredients must not contain any of the following:\n\n(a) a metal or non metal contaminant or a natural toxicant in excess of the maximum level specified for the contaminant or toxicant in the Food Standards Code;\n\n(b) an agricultural or veterinary chemical in an amount that contravenes the requirements of the Food Standards Code;\n\n(c) a food additive, processing aid, vitamin, mineral, added nutrient, other matter or substance in contravention of the applicable requirements of the Food Standards Code.\n\n> Note 1 For the meaning of ingredient see order 8. See further the meaning of unsafe in order 10 and the meaning of unsuitable in order 11.\n\n> Note 2 For contaminants and natural toxicants see Standard 1.4.1 and Standard 1.4.4 of the Food Standards Code. For histamines see Standard 2.2.3 of the Food Standards Code.\n\n> Note 3 For residues see Standard 1.4.2 of the Food Standards Code.\n\n> Note 4 For food additives see Standards 1.3.1 to 1.3.4 of the Food Standards Code.\n\n1.2 Processed food for export as food to a country and its ingredients need not comply with a requirement of subclause 1.1:\n\n(a) as it applies to a contaminant or natural toxicant — if the importing country authority specifies a maximum level for the contaminant or natural toxicant for food of that kind or its ingredients (as the case may be) and the food or ingredients do not exceed that maximum level; and\n\n(b) as it applies to an agricultural or veterinary chemical — if the importing country authority specifies a maximum limit for the chemical for food of that kind or its ingredients (as the case may be) and the food or ingredients do not exceed that limit; and\n\n(c) as it applies to a food additive, processing aid, vitamin, mineral, added nutrient, other matter or substance for food — if the importing country authority specifies an alternative requirement for the food additive, processing aid, vitamin, mineral, added nutrient, other matter or substance for food of that kind or its ingredients as (the case may be) and the food or ingredient complies with the alternative requirement.\n\n1.3 If paragraph 1.2 (a), 1.2 (b) or 1.2 (c) applies the applicable approved arrangement must:\n\n(a) identify the maximum limit or alternative requirement concerned specified by the importing country authority; and\n\n(b) document the controls used to ensure compliance with that maximum limit or alternative requirement.\n\n## Microbiological limits Microbiological limits\n\n## Microbiological limits\n\n2.1 Processed food for export as food and its ingredients must meet the microbiological limits specified for food of that kind in the Food Standards Code.\n\n> Note See Standard 1.6.1 of the Food Standards Code.\n\n2.2 Processed food for export as food to a country and its ingredients need not comply with subclause 2.1 if:\n\n(a) the importing country authority specifies an alternative microbiological limit for food of that kind or its ingredients (as the case may be); and\n\n(b) the food or its ingredients complies with the alternative microbiological limit.\n\n2.3 If paragraph 2.2 (a) applies the applicable approved arrangement must:\n\n(a) identify the alternative microbiological limit specified by the importing country authority; and\n\n(b) document the controls used to ensure compliance with that alternative microbiological limit.\n\n## Gene technology, irradiation and other p Gene technology, irradiation and other processes\n\n## Gene technology, irradiation and other processes\n\n3.1 Processed food for export as food and its ingredients must not:\n\n(a) be produced using gene technology; or\n\n(b) be irradiated; or\n\n(c) be produced using, or subjected to, any other process;\n\nin contravention of the applicable requirements of the Food Standards Code.\n\n> Note For gene technology see the Standard 1.5.2 of the Food Standards Code and for food irradiation see Standard 1.5.3 of the Food Standards Code.\n\n3.2 Processed food for export as food to a country and its ingredients need not comply with subclause 3.1 if:\n\n(a) the importing country authority specifies alternative requirements for the gene technology, irradiation or other process for food of that kind or its ingredients (as the case may be); and\n\n(b) the alternative requirements are complied with in relation to the food or its ingredients.\n\n3.3 If paragraph 3.2 (a) applies the applicable approved arrangement must\n\n(a) identify the alternative requirements specified by the importing country authority; and\n\n(b) document the controls used to ensure compliance with the alternative requirements.\n\nPart 2 Methods of sampling and examination\n\n## Microbiological sampling and examination Microbiological sampling and examination\n\n## Microbiological sampling and examination\n\n4.1 The sampling and examination of processed food and its ingredients for the purposes of demonstrating compliance with the microbiological limits of the Food Standards Code must comply with:\n\n(a) the Australian Standards AS/NZS 1766 Methods for the Microbiological Examination of Food as at the day of commencement of this clause; or\n\n(b) an equivalent method of examination in accordance with the Australian Standards AS/NZS 4659 Guide to Determining the Equivalence of Food Microbiology Test Methods as at the day of commencement of this clause.\n\n4.2 The sampling and examination of processed food and ingredients for the purpose specified in subclause 4.1 must comply with any additional methods for their sampling and examination that are specified in the Food Standards Code.\n\n4.3 The sampling and examination need not comply with subclause 4.1 and subclause 4.2 if:\n\n(a) the importing country authority specifies an alternative method of sampling and examination for food of that kind or the ingredients; and\n\n(b) the sampling and examination is done in accordance with the alternative method.\n\n> Note For general requirements for sampling and analysis see clause 9 of Schedule 2 and see also Division V of Part 9 of these Orders.\n\n4.4 If paragraph 4.3 (a) applies the applicable approved arrangement must:\n\n(a) identify the alternative method of sampling and examination specified by the importing country authority; and\n\n(b) document the controls used to ensure compliance with that alternative method of sampling and examination.\n\n## When processed food must have a trade de When processed food must have a trade description\n\n## When processed food must have a trade description\n\n1.1 Processed food for export as food must have a trade description containing the information specified in clause 4 of this Schedule applied to its immediate container.\n\n1.2 The trade description must be applied before the food leaves the establishment at which the food is last packed in its immediate container before being loaded for export.\n\n> Note 1 For the meaning of trade description see section 3 of the Act.\n\n> Note 2 For the meaning of immediate container and loaded for export see order 8.\n\n> Note 3 For identification and traceability requirements applying to outer containers see clause 6 of Schedule 8.\n\n## Unlabelled canned food and unwrapped bul Unlabelled canned food and unwrapped bulk loaded food\n\n## Unlabelled canned food and unwrapped bulk loaded food\n\n2.1 Despite clause 1 of this Schedule a trade description containing the information specified in clause 4 of this Schedule need not be applied to:\n\n(a) processed food despatched from an establishment in cans without labels provided the requirements of subclause 5.2 of this Schedule are met; and\n\n(b) unwrapped processed food bulk loaded into container system units.\n\n> Note If a trade description containing the information specified in clause 4 of this Schedule is not applied to unlabelled canned processed food or unwrapped bulk loaded processed food, additional information needs to be provided to the consignee on despatch, see clause 9 of Schedule 8.\n\n## Processed food identified as not for ret Processed food identified as not for retail sale\n\n## Processed food identified as not for retail sale\n\n3.1 Despite clause 1 of this Schedule a trade description containing the information specified in clause 4 of this Schedule need not be applied to processed food if:\n\n(a) the food is identified as not for retail sale; and\n\n(b) the information specified in clause 4 of this Schedule is applied to the outer container containing the food before the outer container is loaded for export.\n\nPart 2 Contents of the trade description\n\nDivision I Information requirements\n\n## Canned processed food Canned processed food\n\n## Canned processed food\n\n5.1 If a can of processed food is not permanently marked with the complete trade description at the time of filling, the letters ‘EX’ followed by the registered number of the establishment at which the can is closed must be embossed or otherwise permanently marked on the can.\n\n5.2 If processed food is to be despatched from an establishment in cans without labels the cans must be embossed or otherwise permanently marked at the time of filling with:\n\n(a) a product cypher that can be used to identify the product; and\n\n(b) the letters ‘EX’ followed by the registration number of the establishment at which the can is closed; and\n\n(c) the country of origin of the food; and\n\n(d) the identity of the lot for the food.\n\n> Note For the additional information to be provided to the consignee on despatch, see clause 9 of Schedule 8.\n\nDivision II Description of food\n\n## Fish Fish\n\n## Fish\n\n6.1 If the processed food is fish (other than crocodile) the description of the food referred to in paragraph 4.1 (a) of this Schedule must also include:\n\n(a) the scientific name of the fish and/or the Australian Fish Name of the fish; and\n\n(b) the cut and preservation type of the fish.\n\n> Note For the meaning of Australian Fish Name see order 8.\n\nDivision III Declaration of ingredients\n\n## List of ingredients must comply with the List of ingredients must comply with the Food Standards Code\n\n## List of ingredients must comply with the Food Standards Code\n\n7.1 The trade description applied to processed food must meet each of the applicable requirements for the labelling and naming of ingredients and compound ingredients that are specified in Standard 1.2.4 of the Food Standards Code.\n\n> Note For example if the importing country authority specifies that it does not require a trade description requirement of this Schedule to be complied with (or specifies a less stringent requirement), the Secretary may, at the request of the occupier, give the occupier a notice specifying that the requirement of this Schedule does not apply, see order 87.\n\n7.2 Without limiting the generality of subclause 7.1 the ingredients must be listed in the order specified in Standard 1.2.4 of the Food Standards Code.\n\n7.3 For the purposes of paragraph 2 (d) of Standard 1.2.4 of the Food Standards Code a small package means a package with a total surface area of less than 100 cm2.\n\n> Note Paragraph 2 (d) of Standard 1.2.4 the Food Standards Code exempts small packages from the requirement to include a statement of ingredients.\n\n7.4 For the purposes of complying with the requirements of Standard 1.2.4 of the Food Standards Code:\n\n(a) ingredient does not have the meaning given in clause 1 of that Standard; and\n\n(b) ingredient means any substance (including a food additive) that is a constituent of the food but does not include a processing aid.\n\n> Note For the meaning of processing aid see order 8.\n\n## Compositional claims Compositional claims\n\n## Compositional claims\n\n8.1 If a claim as to composition is made or implied regarding a processed food, a quantitative declaration supporting the claim must be included in the trade description.\n\nDivision IV Identifying the establishment\n\n## Registration number Registration number\n\n## Registration number\n\n9.1 For the purposes of paragraph 4.1 (e) of this Schedule the registration number of the establishment must be clearly distinguishable as being the registration number.\n\nDivision V Identifying the producer, exporter etc\n\n## Name and address Name and address\n\n## Name and address\n\n10.1 For the purposes of paragraph 4.1 (f) of this Schedule the address of:\n\n(a) the exporter; or\n\n(b) the occupier of the establishment at which the food is last packed in its immediate container before being exported;\n\nmust be the address in Australia at which the exporter or occupier conducts business in relation to the food.\n\n10.2 For the purposes of paragraph 4.1 (f) of this Schedule, if:\n\n(a) the name and address of the exporter is used; and\n\n(b) the exporter is not a person who prepares the food;\n\nthe name must be preceded by the words ‘Packed for’ or a statement of similar meaning.\n\n## Identifying the repacker Identifying the repacker\n\n## Identifying the repacker\n\n11.1 In addition to any other trade description required by these Orders, imported processed food (other than milk and milk products) that is repacked in Australia without being altered by further processing in Australia must contain the words ‘Packed by’ followed by the name and registration number of the establishment at which the food is repacked.\n\nPart 3 Miscellaneous\n\n## Trade description must be accurate, legi Trade description must be accurate, legible, conspicuous and secure\n\n## Trade description must be accurate, legible, conspicuous and secure\n\n12.1 Information required under these Orders to be contained in the trade description must:\n\n(a) be accurate; and\n\n(b) be legible; and\n\n(c) be prominent, conspicuous and not obscured in any way; and\n\n(d) be securely applied.\n\n## Additional information applied to a trad Additional information applied to a trade description\n\n## Additional information applied to a trade description\n\n13.1 Additional information or pictures applied to the processed food must not be inconsistent with information required under these Orders to be contained in the trade description.\n\n## Trade description applied to packaging m Trade description applied to packaging material, liners, outer containers etc\n\n## Trade description applied to packaging material, liners, outer containers etc\n\n14.1 A trade description applied to:\n\n(a) packaging material such as carton liners, wraps or sheets within blocks to separate processed food; or\n\n(b) an outer container containing a number of immediate containers of processed food;\n\nmust not be inconsistent with any part of the trade description required to be applied under these Orders.\n\n> Note For traceability and integrity requirements that may require information to be specified on outer containers see clause 6 of Schedule 8.\n\n## Trade descriptions in a language other t Trade descriptions in a language other than English\n\n## Trade descriptions in a language other than English\n\n15.1 Any part of a trade description applied to processed food that appears in a language other than English must not be inconsistent with any part of the trade description in the English language.\n\n> Note For requirements to provide a translation of information applied to processed food or its packaging see order 84.\n\n## When a trade description must not be alt When a trade description must not be altered or interfered with\n\n## When a trade description must not be altered or interfered with\n\n16.1 The trade description required under these Orders to be applied to processed food must not be altered or interfered with unless:\n\n(a) the alteration or interference is done by an authorized officer; or\n\n(b) an authorized officer gives written approval for the alteration or interference; or\n\n(c) the applicable approved arrangement provides for the alteration and interference in the circumstances in which the alteration or interference is made.\n\n## Identification, tracing systems, integri Identification, tracing systems, integrity and recall\n\n## Identification, tracing systems, integrity and recall\n\n1.1 Effective measures for tracing systems, for making records and retaining documents and for the identification of processed food must ensure that all processed food prepared at the establishment can be:\n\n(a) identified; and\n\n(b) traced; and\n\n(c) if necessary, recalled.\n\n## Integrity of processed food for export a Integrity of processed food for export as food\n\n## Integrity of processed food for export as food\n\n2.1 The integrity of processed food for export as food must be maintained.\n\n> Note For meaning of integrity see order 8.\n\n## Species identification for fish\n\n3.1 Fish for export as food must be derived from the species of fish they are purported to be derived from.\n\n3.2 Fish are not of the species they are purported to be derived from if fish derived from another species are substituted wholly or partly for them.\n\n> Note For requirement for the trade description to include the scientific name and/or the Australian Fish Name see clause 6 of Schedule 7.\n\nPart 2 Supply and preparation of processed food\n\n## Production records Production records\n\n## Production records\n\n5.1 A record must be made of all information necessary to ensure:\n\n(a) trace-back to the individual lot of processed food prepared at an establishment; and\n\n(b) trace-back to the supplier of the ingredients used in each lot and the date of supply of the ingredients.\n\n> Note For requirements relating to verification records and for requirements to keep documents see subclause 3.7 and clause 6 of Schedule 2. See further order 83.\n\n5.2 For the purposes of complying with paragraph 5.1 (a) the record must in the case of shellfish include all information necessary to ensure trace-back to a single species of shellfish harvested from a particular harvesting area and designated by a single harvest record.\n\n5.3 For the purposes of complying with subclause 5.1 (a) and without limiting the generality of subclause 5.1, for each lot of processed food prepared at an establishment a record must be made of:\n\n(a) the description of the processed food; and\n\n(b) the quantity of food in the lot; and\n\n(c) the lot identity of the food; and\n\n(d) the date of preparation of the food; and\n\n(e) for processed food harvested by the establishment — the date and location of harvest.\n\n## Identification of processed food Identification of processed food\n\n## Identification of processed food\n\n6.1 The following information must be applied to the outer container of processed food before the container leaves the establishment at which the outer container is packed:\n\n(a) a description of the food;\n\n(b) the registration number of the establishment at which the outer container is packed;\n\n(c) the quantity of the food in the container;\n\n(d) the lot identity of the food;\n\n(e) the country of origin of the food.\n\n> Note For requirements for information to be applied to the immediate container see Schedule 7.\n\nPart 3 Transfer of processed food\n\n## The information to be provided on despat The information to be provided on despatch\n\n## The information to be provided on despatch\n\n7.1 For each consignment of processed food for export as food despatched from an establishment engaged in the preparation of processed food the following information must be given to the consignee:\n\n(a) the name, address and registration number of the despatching establishment;\n\n(b) a full description of the food;\n\n(c) an indication of the temperature controls under which the food must, under these Orders, be transported;\n\n(d) the quantity of the processed food in the consignment and the number and description of packages (if any) in which the food is packed;\n\n(e) if the food is prepared in order to meeting the importing country requirements of one or more identified countries — the name of those countries;\n\n(f) the name and address and registration number (if any) of the establishment to which the food is despatched;\n\n(g) a declaration stating that:\n\n(i) the requirements of these Orders, the applicable approved arrangement and the conditions of that arrangement; and\n\n(ii) the importing country requirements identified in the approved arrangement;\n\nthat apply to and in relation to the processed food while it is at the establishment are complied with;\n\n(h) a declaration stating that all the information given to the consignee for the purposes of complying with this clause is true and complete.\n\n7.2 For each consignment of processed food for export for animal food despatched from an establishment engaged in the preparation of processed food for export as food the information specified in paragraphs 7.1 (a), (b), (d), (f), (g) and (h) must be given to the consignee.\n\n## Additional requirements for shellfish Additional requirements for shellfish\n\n## Additional requirements for shellfish\n\n8.1 For shellfish for export as food as live shellfish the information must also include:\n\n(a) the name of the harvester; and\n\n(b) the name of the harvesting area and the unique lease number given to the harvester by the relevant State or Territory authority responsible for the regulation of the harvest of the shellfish; and\n\n(c) the date of harvest.\n\n## Inter-company transfers Inter-company transfers\n\n## Inter-company transfers\n\n10.1 This Part does not apply to the despatch of processed food if both of the following apply:\n\n(a) the same person is the occupier of the despatching and the receiving establishment; and\n\n(b) the occupier’s approved arrangement documents the controls necessary to ensure that the requirements of clause 1 of this Schedule are complied with during the transfer.\n\n## Requirements for declarations Requirements for declarations\n\n## Requirements for declarations\n\n11.1 A declaration referred to in paragraphs 7.1 (g) and (h) of this Schedule must be signed and dated by the maker of the declaration.\n\n> Note For making declarations electronically see section 9 of the Electronic Transactions Act 1999 and for electronic signatures see section 10 of the Electronic Transactions Act 1999.\n\n11.2 A declaration referred to in paragraphs 7.1 (g) and (h) of this Schedule must be made by a person who is:\n\n(a) a person in management or control of operations at the despatching establishment; and\n\n(b) designated in the despatching establishment’s approved arrangement as a person who may make such a declaration.\n\n11.3 A declaration referred to in this Division must not:\n\n(a) be false, misleading or incomplete; or\n\n(b) be made if there is no sound basis for making it.\n\n> Note 1 For criminal penalties applying to false or misleading statements made by a person to a Commonwealth entity see the Criminal Code Act 1995 Part 7.4 (False or misleading statements).\n\n> Note 2 If a false or misleading statement is made the establishment’s approved arrangement may be suspended or revoked, see subclause 21.1 of Schedule 2.\n\n## Information must be given to the consign Information must be given to the consignee\n\n## Information must be given to the consignee\n\n12.1 For the purpose of clauses 7 and 9 of this Schedule the information is taken to be given to the consignee if:\n\n(a) it is in writing; and\n\n(b) it is given to the consignee of the food at the time of despatch of the food or accompanies the food during despatch.\n\n> Note For when requirements to give information in writing can be complied with by an electronic communication see section 9 of the Electronic Transactions Act 1999.\n\n## Receipt of processed food Receipt of processed food\n\n## Receipt of processed food\n\n13.1 If:\n\n(a) processed food is received by an establishment; and\n\n(b) the establishment does not receive the information referred to in clauses 7 and 9 of this Schedule or the information does not accompany the food; or\n\n(c) the information received by the establishment or accompanying the food is inaccurate or incomplete;\n\nthe occupier must notify an authorized officer as soon as practicable on becoming aware that the information was not received or is inaccurate or incomplete.\n\n13.2 If:\n\n(a) processed food is received by an establishment; and\n\n(b) a circumstance referred to in paragraphs 13.1 (b) or 13.1 (c) exists;\n\nthe food must:\n\n(c) be held at the establishment under conditions of security and not dealt with further as processed food for export as food unless an authorized officer gives written approval for the food to be dealt with further; or\n\n(d) be dealt with as processed food that is not for export as food.\n\n> Note For requirements for processed food that must be dealt with as not for export as food see clause 50 of Schedule 5.\n\n## Identification during transport Identification during transport\n\n## Identification during transport\n\n14.1 The identification of processed food for export as food must not be lost during transport.\n\n> Note For other transport requirements see clause 9 of Schedule 3, clause 4 of Schedule 4 and Parts 5 and 6 of Schedule 5.\n\n## Making an application Making an application\n\n## Making an application\n\n1.1 An application for an export permit for processed food must:\n\n(a) be in the form approved by the Secretary for making applications for the export of processed food of that kind; and\n\n(b) be given to the Secretary.\n\n## Contents of the application Contents of the application\n\n## Contents of the application\n\n2.1 The application must contain the following information:\n\n(a) the name and address in Australia of the person who intends to export the food;\n\n(b) the registration number of the establishment at which the food is last prepared (other than merely stored, handled or loaded);\n\n(c) each of the dates on which the food is prepared (other than merely stored, handled or loaded);\n\n(d) if Australia is not the country of origin of the food — the country of origin of the food;\n\n(e) the name and address of the consignee, or if a government certificate is not required — the words ‘to order’;\n\n(f) the intended port of loading of the food;\n\n(g) the intended date of departure of the ship or aircraft onto which the food is to be loaded;\n\n(h) the airline flight number or the name of the ship and the voyage number;\n\n(i) the intended port of discharge of the food;\n\n(j) the country that is the intended final destination of the food;\n\n(k) the net contents of the food and number and type of packages (if any) in which the food is packed;\n\n(l) a full description of the food, include the type of product, the pack type and preservation (for example chilled, frozen or unrefrigerated);\n\n(m) any other information required by the Secretary.\n\n> Note For the meaning of registration number see order 8.\n\n## Exporter must have a declaration of comp Exporter must have a declaration of compliance\n\n## Exporter must have a declaration of compliance\n\n3.1 An application for an export permit for processed food must contain a declaration that the exporter is in possession of:\n\n(a) a declaration that applies to the food and complies with the requirements of clause 6 of this Schedule and that is made by a person in management or control of operations at the establishment at which the processed food is last prepared (other than merely stored, handled or loaded); or\n\n(b) a written verification for the food made by an authorized officer under clause 8 of this Schedule.\n\n> Note For the meaning of person in management or control see order 8.\n\n3.2 Paragraph 3.1 (a) applies only if the food is prepared under an approved arrangement that provides for export inspection procedures that include the making of declarations of compliance for the food.\n\n## Exporter’s statement that information is Exporter’s statement that information is correct and complete\n\n## Exporter’s statement that information is correct and complete\n\n4.1 An application for an export permit for processed food must contain a statement that all information given in the application is true and complete.\n\n> Note 1 For criminal penalties applying to persons who make false or misleading statements to a Commonwealth entity see the Criminal Code Act 1995 Part 7.4 (False or misleading statements).\n\n> Note 2 For the exporter’s obligations (including obligations in relation to making such declarations) see Part 5 of these Orders.\n\nDivision II Declaration of compliance made under an approved arrangement\n\n## When a declaration may be made When a declaration may be made\n\n## When a declaration may be made\n\n5.1 A person referred to in paragraph 3.1 (a) of this Schedule may make a declaration referred to in that paragraph only if the applicable approved arrangement:\n\n(a) provides for export inspection procedures that include the making of declarations of compliance for the food; and\n\n(b) designates the person as a person who may make such a declaration of compliance.\n\n## Contents of the declaration Contents of the declaration\n\n## Contents of the declaration\n\n6.1 A declaration of compliance for processed food referred to in paragraph 3.1 (a) of this Schedule must:\n\n(a) identify the processed food and state that it relates to the compliance with the conditions and restrictions specified in Part 4 of these Orders at the time the processed food is last prepared (other than merely stored, handled or loaded); and\n\n(b) declare that the conditions and restrictions specified in Part 4 of these Orders and applicable to and in relation to the food are complied with; and\n\n(c) state that the information is true and complete; and\n\n(d) be signed by the maker of the declaration and dated.\n\n> Note 1 For making declarations electronically see section 9 of the Electronic Transactions Act 1999 and for electronic signatures see section 10 of the Electronic Transactions Act 1999.\n\n> Note 2 This declaration may be the one that is made for the purposes of the transfer of processed food (see Part 3 of Schedule 8) by the establishment at which the food is last prepared (other than merely stored, handled or loaded).\n\n## Declaration must be correct and complete Declaration must be correct and complete\n\n## Declaration must be correct and complete\n\n7.1 A declaration referred to in this Division must not:\n\n(a) be false, misleading or incomplete; or\n\n(b) be made if there is no sound basis for making it.\n\n> Note 1 For criminal penalties applying to false or misleading statements made by a person to a Commonwealth entity see the Criminal Code Act 1995 Part 7.4 (False or misleading statements).\n\n> Note 2 If a false or misleading statement is made the establishment’s approved arrangement may be suspended or revoked, see subclause 21.1 of Schedule 2.\n\nDivision III Verification and inspection by an authorized officer\n\n## Verification performed by an authorized  Verification performed by an authorized officer\n\n## Verification performed by an authorized officer\n\n8.1 If:\n\n(a) an application for an export permit for processed food is given to the Secretary and there has been an opportunity to inspect the food if required; and\n\n(b) an authorized officer has reasonable grounds to believe that the conditions and restrictions on export specified in Part 4 of these Orders that must be satisfied before the food may be exported from Australia are complied with;\n\nthe officer may give a written verification of the matters referred to in paragraph 8.1 (b).\n\n> Note For suspension or revocation of the approved arrangement if the Secretary has reasonable grounds to believe that the conditions and restrictions specified in paragraphs 8.1 (b) are not complied with see paragraph 21.1 (a) of Schedule 2.\n\n## Inspections, examinations and sampling Inspections, examinations and sampling\n\n## Inspections, examinations and sampling\n\n9.1 An authorized officer may conduct such inspections, and examinations and take such samples as are necessary for the purposes of making a declaration referred to in clause 8 of this Schedule.\n\nDivision IV Permission to export\n\n## Explanation Explanation\n\n## Explanation\n\n10.1 This Division contains provisions for export permits.\n\n10.2 Clause 11 describes the issuing of export permits on an ongoing basis under an approved arrangement.\n\n10.3 Clause 12 describes the issue of export permits on an ongoing basis by persons approved by the Secretary to issue permits.\n\n10.4 Clause 13 describes the fully automated system used to give export permits. In this case the computer is programmed so that it does not result in the giving of an export permit unless certain preconditions are met. A person may access the automated system to issue permits if the person has approval to do so under an approved arrangement or the person is given approval to do so by the Secretary.\n\n10.5 Clause 14 describes the giving of permits in circumstances where clauses 11 to 13 do not apply and where the Secretary only gives an export permit where the Secretary has reasonable grounds to believe that certain preconditions are met.\n\n10.6 The remaining clauses in this Division regulate the approval of arrangements for the issue of permits and the approval of persons who may issue permits.\n\n## Issue of export permits under an approve Issue of export permits under an approved arrangement\n\n## Issue of export permits under an approved arrangement\n\n11.1 This clause does not apply to export permits:\n\n(a) generated as a result of the operation of a computer operating system specified in paragraph 25.1 (a) of this Schedule, or\n\n(b) given by the Secretary under clause 14.\n\n11.2 This clause applies if:\n\n(a) the occupier of the establishment is also the exporter of processed food that is last prepared (other than merely stored, handled or loaded) at the establishment; and\n\n(b) the occupier’s approved arrangement allows for the issue by a person referred to in subclause 11.3 of export permits for the ongoing export by the occupier of processed food of the kind referred to in paragraph 11.2 (a); and\n\n(c) the occupier’s approved arrangement contains export inspection procedures that include the making of declarations referred to in paragraph 3.1 (a) of this Schedule for processed food of the kind referred to in paragraph 11.2 (a).\n\n> Note 1 For approval, variation, suspension and revocation of the approved arrangement as it relates to these matters see clause 15 of this Schedule.\n\n11.3 An export permit may be issued by a person who:\n\n(a) is designated in the occupier’s approved arrangement as person who may issue the permit; and\n\n(b) is a person in management or control at the establishment.\n\n> Note 2 For fit and proper person requirements for persons in management or control see for example paragraph 4.04 (1) (i), sections 4.05 and 4.17 and paragraph 4.29 (1) (h) of the Export Control (Prescribed Goods — General) Order 2005.\n\n11.4 Division 1 of this Schedule does not apply.\n\n> Note Division 1 contains requirements for applications for an export permit.\n\n11.5 An export permit issued by a person referred to in subclause 11.3 must contain:\n\n(a) all the information specified in clause 2 of this Schedule; and\n\n(b) a declaration that applies to the food and complies with the requirements of clause 6 of this Schedule; and\n\n(c) a statement that all information in the permit is true and complete.\n\n> Note 1 For the requirement for an export permit see order 53.\n\n> Note 2 The Criminal Code Act 1995 Part 7.4 (False or misleading statements) contains offences for false and misleading statements made to a Commonwealth entity.\n\n> Note 3 For the obligations relating to permits (including obligations in relation to the accuracy of information) see Part 5 of these Orders.\n\n11.6 The occupier must give a copy of each permit issued by a person referred to in subclause 11.3 to the Secretary within 3 working days after the day the processed food identified in the permit is exported.\n\n## Issue of export permits by approved pers Issue of export permits by approved person\n\n## Issue of export permits by approved person\n\n12.1 This clause does not apply to export permits:\n\n(a) generated as a result of the operation of a computer operating system specified in paragraph 25.1 (a) of this Schedule, or\n\n(b) issued by the Secretary under clause 14.\n\n12.2 A person who is given approval by the Secretary under clause 16 (an approved export permit issuer) may issue an export permit for processed food of the kind described in the approval.\n\n12.3 Division 1 of this Schedule does not apply.\n\n> Note Division 1 contains requirements for applications for an export permit.\n\n12.4 An export permit issued by an approved export permit issuer must contain:\n\n(a) all of the information specified in clause 2 of this Schedule; and\n\n(b) a declaration that they are in possession of a declaration that:\n\n(i) applies to the food; and\n\n(ii) complies with the requirements of clause 6 of this Schedule; and\n\n(iii) is made by a person in management or control of operations at the establishment at which the processed food is last prepared (other than merely stored, handled or loaded); and\n\n(c) a statement that all information in the permit is true and complete.\n\n> Note 1 For the requirement for an export permit see order 53.\n\n> Note 2 The Criminal Code Act 1995 Part 7.4 (False or misleading statements) contains offences for false and misleading statements made to a Commonwealth entity.\n\n> Note 3 For permit issuer’s obligations (including obligations in relation to the accuracy of information) see Part 5 of these Orders.\n\n12.5 An approved export permit issuer must ensure a copy of each permit he or she issues is given to the Secretary within 3 working days after the day the processed food identified in the permit is exported.\n\n## Automated export permits Automated export permits\n\n## Automated export permits\n\n13.1 This provision applies if the export permit is an electronic notice generated as a result of the operation of a computer operating system specified in paragraph 25.1 (a) of this Schedule.\n\n13.2 If each of the circumstances in subclause 11.2 exist a person referred to in subclause 11.3 may access the computer operating system for the purpose of the issue of export permits.\n\n13.3 An approved export permit issuer may access the computer operating system for the purpose of the issue of export permits.\n\n> Note For the meaning of approved export permit issuer see order 8.\n\n13.4 The Secretary must take all reasonable steps to ensure that the computer system does not result in the issue of export permits for processed food unless there are reasonable grounds to believe that there are systems in place to ensure:\n\n(a) an application for an permit for processed food is given to the Secretary and an authorized officer has had an opportunity to inspect the food if required; and\n\n(b) the application contains the information specified in clause 2 of this Schedule; and\n\n(c) a declaration referred to in clause 3 of this Schedule is made; and\n\n(d) the conditions and restrictions on export specified in Part 4 of these Orders that must be satisfied before the processed food may be exported from Australia; are complied with; and\n\n(e) the information given to the Secretary in, or in connection with the application for the permit is accurate and complete and that there is a sound basis for the information.\n\n> Note 1 For requirements for permits see order 53.\n\n> Note 2 For the prohibition on granting an export permit if certain amounts required to be paid under the Export Inspection and Meat Charges Act 1985 are outstanding see section 12 of that Act.\n\n13.5 An export permit issued under this clause is taken to be given by the Secretary.\n\n> Note For how an export permit is given electronically see Part 3 of this Schedule.\n\n## Permits given by the Secretary in other  Permits given by the Secretary in other circumstances\n\n## Permits given by the Secretary in other circumstances\n\n14.1 This clause applies to permits given by the Secretary that are not generated as described in subclause 13.1 of this Schedule.\n\n14.2 The Secretary may give the person named in an application for an export permit as the exporter of processed food an export permit for the export of processed food if all of the following circumstances exist:\n\n(a) an application for an export permit for the food is given to the Secretary and an authorized officer has had an opportunity to inspect the processed food if required; and\n\n(b) the application contains the information specified in clause 2 of this Schedule; and\n\n(c) a declaration referred to in clause 3 of this Schedule is made; and\n\n(d) the Secretary is satisfied that the conditions and restrictions on export specified in Part 4 of these Orders that must be satisfied before the processed food may be exported from Australia are complied with; and\n\n(e) the Secretary is satisfied that the information given to the Secretary in, or in connection with the application for the permit is accurate and complete and that there is a sound basis for the information.\n\n> Note 1 For the prohibition on granting an export permit if certain amounts required to be paid under the Export Inspection and Meat Charges Act 1985 are outstanding, see section 12 of that Act.\n\n> Note 2 For how an export permit is given electronically see Part 3 of this Schedule.\n\n## Approval etc of approved arrangements fo Approval etc of approved arrangements for issuing permits\n\n## Approval etc of approved arrangements for issuing permits\n\n15.1 The Secretary may under clause 14 of Schedule 2 approve an arrangement as it relates to the matters referred to in subclause 11.2 if the Secretary is satisfied that:\n\n(a) permits issued under the arrangement and other information given by the occupier to the Secretary in, or in connection with the export of processed food will be accurate and complete and have a sound basis; and\n\n(b) the conditions and restrictions on export specified in Part 4 of these Orders that must be satisfied before processed food to which the export permits relate may be exported from Australia will be complied with; and\n\n(c) the occupier’s arrangement contains controls to demonstrate how the occupier will comply with the requirements of Part 5 of these Orders and subclauses 11.5 and 11.6.\n\n15.2 The Secretary may under subclause 19.1 of Schedule 2 require the occupier to submit a variation of the approved arrangement as it relates to the matters referred to in subclause 11.2 if the Secretary is not satisfied that compliance with the controls specified in the approved arrangement ensures that the matters specified in Part 5 of these Orders and subclauses 11.5 and 11.6 of this Schedule are complied with.\n\n> Note A variation of the approved arrangement proposed by the occupier that relates to a matters referred to in subclause 11.2 requires approval before it is implemented see subparagraph 18.2 (b) (iv) of Schedule 2.\n\n15.3 The Secretary may under subclause 21.1 of Schedule 2 suspend or revoke the approval of an approved arrangement as it relates to the matters referred to in subclause 11.2 if:\n\n(a) the Secretary is satisfied that any of the matters specified in subclause 15.1 are not met; or\n\n(b) the occupier has failed to comply with a requirement of Part 5 of these Orders or subclauses 11.5 or 11.6 of this Schedule; or\n\n(c) the occupier has failed to provide the assistance referred to in order 67.\n\n15.4 The preconditions specified in subclause 15.1 are in addition to those specified in subclause 14.1 of Schedule 2.\n\n15.5 Subclauses 15.2 and 15.3 do not operate so as to limit the ability of the Secretary to require a variation or suspend or revoke an arrangement under subclauses 19.1 and 21.1 (as the case may be) of Schedule 2.\n\n## Approval to issue permits Approval to issue permits\n\n## Approval to issue permits\n\n16.1 A person may apply for approval to issue permits for the export of processed food prepared under an approved arrangement that contains export inspection procedures that include the making of declarations referred to in paragraph 3.1 (a) of this Schedule.\n\n16.2 The application must contain:\n\n(a) the information specified in paragraphs 2.1 (a) and 2.1 (b) of this Schedule; and\n\n(b) a description of the processed food for export for which approval to issue export permits is required; and\n\n(c) a statement by the exporter that all information given in the application is true and complete; and\n\n(d) any other information required by the Secretary.\n\n16.3 The Secretary may request that the applicant provide further specified information or documents that the Secretary reasonably requires in order to decide the application.\n\n16.4 If the Secretary has not decided the application within 60 days after the day the application is received (not including any period between the Secretary making a written request under subclause 16.3 and the applicant meeting the request) the Secretary is taken to have refused the application.\n\n16.5 The Secretary may by written notice give the applicant approval to issue export permits for processed food of the kind specified in the application if the Secretary is satisfied:\n\n(a) the person is a fit and proper person having regard to the matters specified in section 4.05 of the Export Control (Prescribed Goods — General) Order 2005; and\n\n(b) the applicant will comply with the applicable requirements of Part 5; and\n\n(c) export permits issued by the applicant will comply with subclause 12.4; and\n\n(d) the applicant will comply with subclause 12.5.\n\n16.6 If the Secretary decides not to approve the applicant the Secretary must give the applicant written notice of the decision.\n\n16.7 The notice must:\n\n(a) set out the reasons for the decision; and\n\n(b) tell the applicant of his or her right to apply for reconsideration of the decision.\n\n16.8 The Secretary may:\n\n(a) give approval under subclause 16.5 subject to conditions specified in the approval; and\n\n(b) by written notice given to the exporter impose new conditions or vary or revoke the conditions.\n\n16.9 The conditions must be for the purpose of ensuring that:\n\n(a) export permits issued by the applicant will comply with subclause 12.4; and\n\n(b) the applicant will comply with subclause 12.5; and\n\n(c) that an accurate assessment can be made as to whether paragraphs 16.9 (a) and 16.9 (b) are met.\n\n16.10 The Secretary may by written notice given to the applicant revoke approval of the person given under subclause 16.5 if the Secretary:\n\n(a) is satisfied the person is not a fit and proper person having regard to the matters specified in section 4.05 of the Export Control (Prescribed Goods — General) Order 2005; or\n\n(b) has reasonable grounds to believe that the person has failed to comply with an applicable requirement of these Orders or a condition of the approval; or\n\n(c) has reasonable grounds to believe that the person has in an application or other document given to the Secretary or in a document or information required to be made or given under the Act, the Orders or a condition of the approval of the person made a statement that is:\n\n(ii) for which there is no sound basis for making the statement; or\n\n(d) has reasonable grounds to believe that the person has failed to provide the assistance referred to in order 67.\n\n16.11 The approval of a person and a revocation take effect:\n\n(a) when written notice of it is given to the person concerned; or\n\n16.12 The Secretary must give the person concerned written notice of:\n\n(a) the reasons for the revocation; and\n\n(b) the person’s right to apply for reconsideration of the decision.\n\n> Note For reconsideration and review of decisions made under this Schedule see Part 16 of the Export Control (Prescribed Goods — General) Order 2005 and see also orders 98 and 99 of these Orders.\n\n## Restrictions on giving an export permit Restrictions on giving an export permit\n\n## Restrictions on giving an export permit\n\n17.1 An export permit must not be given under this Schedule for processed food if the Secretary has reasonable grounds to believe that:\n\n(a) a condition or disease that could affect the acceptability of processed food to the importing country is present in Australia; or\n\n(b) the export of the processed food could result in trade in the export from Australia of goods being adversely affected.\n\n17.2 An export permit need not be given under this Schedule for processed food if the Secretary has reasonable grounds to believe that:\n\n(a) an importing country requirement for the food is not complied with; or\n\n(b) a person to whom order 54 applies in respect of the food has failed to provide the assistance referred to in order 67; or\n\n(c) a person to whom order 54 applies in respect of the food has failed to comply with an applicable requirement of the Act or these Orders.\n\n## Allocation of permit number Allocation of permit number\n\n## Allocation of permit number\n\n18.1 The Secretary must take all reasonable steps to ensure that an export permit given under this Schedule is allocated a unique identifying number at the time it is given (including generated).\n\n## Variation and revocation of an export pe Variation and revocation of an export permit\n\n## Variation and revocation of an export permit\n\n19.1 The Secretary may, at the written request of a person to whom order 54 applies, vary an export permit to:\n\n(a) correct any error; or\n\n(b) update the information;\n\non the face of the permit.\n\n> Note For variation electronically see Part 3 of this Schedule.\n\n19.2 The Secretary may revoke an export permit for the export of processed food by giving a notice to a person to whom order 54 applies.\n\n19.3 The notice of revocation may be given if the Secretary has reasonable grounds to believe that:\n\n(a) a condition or restriction on export specified in Part 4 of these Orders that must be satisfied before the processed food may be exported from Australia is not complied with; or\n\n(b) an importing country requirement for the processed food is not complied with; or\n\n(c) there is a risk the processed food has deteriorated or is likely to deteriorate or is likely to be unfit for human consumption; or\n\n(d) the intention to export the processed food is abandoned; or\n\n(e) information given to the Secretary in relation to the processed food is inaccurate or incomplete or does not have a sound basis; or\n\n(f) a condition or disease that could affect the acceptability of processed food to the importing country is present in Australia; or\n\n(g) the export of the processed could result in trade in the export from Australia of goods being adversely affected; or\n\n(h) a circumstance referred to in paragraphs 17.3 (b) or 17.3 (c) exists.\n\n> Note For how a notice of revocation is to be given see Part 3 of this Schedule.\n\n## When an export permit ceases to have eff When an export permit ceases to have effect\n\n## When an export permit ceases to have effect\n\n20.1 An export permit ceases to have effect:\n\n(a) when it is revoked; or\n\n(b) in any other case — at the end of a period of 28 days after the day it is issued.\n\n## Direction given by authorized officer pr Direction given by authorized officer prevails\n\n## Direction given by authorized officer prevails\n\n21.1 If an export permit given under this Part is inconsistent with a written notice of a direction given by an authorized officer in accordance with Division 1 of Part 8 of these Orders then the permit is, to the extent of the inconsistency, of no effect.\n\nPart 2 Government certificates\n\n## Application for a government certificate Application for a government certificate\n\n## Application for a government certificate\n\n22.1 A person may apply to the Secretary for the issue of a government certificate in respect of processed food to be imported into a country.\n\n> Note The Criminal Code Act 1995 Part 7.4 (False or misleading statements) contains offences for making false and misleading statements.\n\n22.2 The Secretary may accept information given in an application for an export permit as satisfying any requirement to give the same information in an application for a government certificate.\n\n## Issue of government certificate Issue of government certificate\n\n## Issue of government certificate\n\n23.1 The Secretary may issue a government certificate for processed food to be imported into a country if the Secretary is satisfied that the following are complied with:\n\n(a) the conditions and restrictions on export specified in Part 4 of these Orders that must be satisfied before the processed food may be exported from Australia; and\n\n(b) the importing country requirements for the processed food; and\n\n(c) any matters specified on the certificate concerning processed food of the kind that are to be exported.\n\n> Note 1 For the meaning of importing country requirement see order 8.\n\n> Note 2 For how the certificate may be given electronically by the Secretary see Part 3 of this Schedule.\n\n## Restrictions on issuing a government cer Restrictions on issuing a government certificate\n\n## Restrictions on issuing a government certificate\n\n24.1 A government certificate must not be issued under clause 23 of this Schedule if the Secretary is satisfied that:\n\n(a) an export permit has not been issued or given for the food or for the food of that kind (as the case may be) or the export permit given has ceased to have effect; or\n\n(b) the information given to the Secretary in, or in connection with, the application for the certificate is inaccurate or incomplete or does not have a sound basis; or\n\n(c) a condition or disease that is likely to affect the acceptability of processed food to the importing country is present in Australia; or\n\n(d) the export of the processed food could result in trade in the export from Australia of goods being adversely affected.\n\n24.2 The Secretary need not issue a government certificate under clause 23 for processed food if the Secretary is satisfied that:\n\n(a) a person to whom order 54 applies in respect of the food concerned has failed to provide the assistance referred to in order 67; or\n\n(b) a person to whom order 54 applies in respect of the food concerned has failed to comply with an applicable requirement of the Act and these Orders.\n\n> Note For cancellation of a government certificate by the Secretary see subsection 23 (3) of the Act.\n\n24.3 A government certificate must not be issued under clause 23 of this Schedule for manufacturing grade processed food or processed food for use for animal food that specifies that the condition of manufacturing grade processed food or animal food complies with the requirements of these Orders.\n\n24.4 Despite subclause 24.3, the Secretary may issue a government certificate that describes the nature and actual condition of manufacturing grade processed food of the kind to be exported or processed food for use for animal food of the kind to be exported.\n\n> Note For the meaning of animal food and manufacturing grade processed food see order 8.\n\nPart 3 Giving information or documents about exports\n\n## Specifications for systems used in trans Specifications for systems used in transmissions\n\n## Specifications for systems used in transmissions\n\n25.1 For the purposes of section 24A of the Act:\n\n(a) the computer operating system under the control of the Secretary and known as the EXDOC Operating System is the computer operating system for use for giving documents or information in relation to the export of processed food; and\n\n(b) the software system known as the EXDOC Exporter Software Interface System is the software interface system for use for giving documents or information in relation to the export of processed food; and\n\n(c) any software operating system listed in the document entitled Approved EXDOC Interface Software Suppliers for use for giving documents or information in relation to the export of processed food is a software operating system for that purpose.\n\n> Note For the Approved EXDOC Interface Software Suppliers see http://www.aqis.gov.au/EXDOC.\n\n25.2 If the following are to be done electronically they must be done electronically by being transmitted using the systems specified in subclause 25.1:\n\n(a) the giving of an application for an export permit and an amendment of an application for an export permit to the Secretary;\n\n(b) the issuing or giving of an export permit.\n\n> Note For examples of information not given electronically see clauses 11 and 12 of this Schedule.\n\n25.3 Subclause 25.2 does not apply to export permits issued under clauses 11 or 12.\n\n25.4 The following may be given electronically by being transmitted using the systems specified in subclause 25.1:\n\n(a) an application for a government certificate;\n\n(b) a government certificate.\n\n25.5 If a person has a disability, or a particular disability, the Secretary must take reasonable steps to ensure:\n\n(a) the person has equal opportunity in relation to the issuing, giving and receiving of documents referred to in subclauses 25.2 and 25.4; and\n\n(b) the special needs the person may have in relation the issuing, giving and receiving of the documents are met.\n\n> Note For the meaning of disability see order 8.\n\n## If the system is inoperative If the system is inoperative\n\n## If the system is inoperative\n\n26.1 If a system described in subclause 25.1 of this Schedule is inoperative, the information must be given in the manner specified by the Secretary in writing.\n\n> Note For when a document or information that is transmitted in accordance with the specifications outlined in this clause are taken to be given see section 24A of the Act.\n\n26.2 Subclause 26.1 does not require the Secretary to specify the manner of giving information unless a system is inoperative.\n\n## Specifications for transmissions to a pe Specifications for transmissions to a person other than the Secretary\n\n## Specifications for transmissions to a person other than the Secretary\n\n27.1 An electronic transmission made to a person (other than the Secretary) must be transmitted to the person as identified by the identifying code given to the person under clause 30 of this Schedule.\n\n## Authentication for transmissions to the  Authentication for transmissions to the Secretary\n\n## Authentication for transmissions to the Secretary\n\n28.1 An electronic transmission made to the Secretary by a person must be authenticated by transmitting the identifying code given to the person under clause 30 of this Schedule.\n\n## Requirements are specifications for the  Requirements are specifications for the purposes of the Act\n\n## Requirements are specifications for the purposes of the Act\n\n29.1 The requirements specified in clauses 25 to 28 of this Schedule are specifications for the purposes of section 24A of the Act.\n\n## Allocation of user identifying code Allocation of user identifying code\n\n## Allocation of user identifying code\n\n30.1 The Secretary must take all reasonable steps to ensure that the person is given an identifying code for use in electronic transmissions under this Schedule.\n\n## Secretary must keep a register Secretary must keep a register\n\n## Secretary must keep a register\n\n1.1 The Secretary must keep a register of approved auditors.\n\n1.2 The register must contain the following information about each approved auditor:\n\n(a) the auditor’s name; and\n\n(b) whether the approval is for approval as an approved auditor of:\n\n(i) operations for the preparation of processed food; or\n\n(ii) operations for the export of processed food; or\n\n(iii) operations for the issue of export permits; and\n\n(c) if the approval is for approval as an approved auditor of operations for the preparation of processed food — any limitations of the kind specified in paragraph 5.3 (b).\n\n1.3 The Secretary must ensure that the register can be readily accessed by members of the public.\n\n> Note For the meaning of approved auditor and export permit see order 8.\n\n> Note 2 For the issue of export permits see Division IV of Part 1 of Schedule 9.\n\nDivision II Approval of auditors\n\n## Request for information, documents or as Request for information, documents or assessment\n\n## Request for information, documents or assessment\n\n3.1 The Secretary may request that the applicant do any of the following that the Secretary reasonably requires in order to decide the application:\n\n(a) provide further specified information or documents;\n\n(b) submit to assessment by interview, audit or written examination, or any combination of those ways.\n\n## Decision by the Secretary Decision by the Secretary\n\n## Decision by the Secretary\n\n4.1 If the Secretary has not decided the application within 30 days after the day the application is received (not including any period between the Secretary making a written request under clause 3.1 and the applicant meeting the request) the Secretary is taken to have refused the application.\n\n## Approval by the Secretary Approval by the Secretary\n\n## Approval by the Secretary\n\n5.1 The Secretary may, by written notice given to the applicant, approve the applicant as an auditor if the Secretary is satisfied that:\n\n(a) the applicant has the necessary knowledge, training, skills and experience to competently carry out audits of the kind for which approval is sought; and\n\n(b) the audits conducted by the applicant will be objective, independent, fair and accurate and, unless stated otherwise in the audit report, will be complete; and\n\n(c) the applicant will comply with the requirements of Division II of Part 6 of these Orders; and\n\n(d) the applicant will comply with documented procedures for the conduct of audits that are necessary to ensure:\n\n(i) the matters specified in paragraphs 5.1 (b) and 5.1 (c) will be met; and\n\n(ii) an accurate assessment can be made of whether the matters specified in paragraphs 5.1 (b) and 5.1 (c) are met; and\n\n(e) the applicant will comply with the procedures referred to in paragraph 5.1 (d); and\n\n(f) the applicant is a fit and proper person having regard to the matters specified in section 4.05 of the Export Control (Prescribed Goods — General) Order 2005.\n\n5.2 Without limiting the matters the Secretary may take into account for the purpose of being satisfied of the matters specified in subclause 5.1, the Secretary may take into account any real or perceived conflict of interest that could arise if the applicant was to be approved.\n\n5.3 The notice of approval of an approved auditor of operations for the preparation of processed food:\n\n(a) must specify that the approval is for the audit of compliance with all of the requirements specified in paragraph 2.1 (a) for all aspects of the preparation of all processed food at all establishments preparing processed food for export as food; or\n\n(b) must specify:\n\n(i) the requirements; and\n\n(ii) the aspects of preparation; and\n\n(iii) the processed food; and\n\n(iv) the establishments (including industries or industry sectors) of a particular kind; and\n\nin relation to which the approval of is given.\n\n## When the Secretary need not approve an a When the Secretary need not approve an auditor\n\n## When the Secretary need not approve an auditor\n\n6.1 The Secretary need not approve the applicant as an auditor if the applicant:\n\n(a) either alone or jointly with another person owes to the Commonwealth any amount payable to the Department; or\n\n(b) has, in an application or other document given to the Secretary, or in a document or information required to be made or given under the Act, the Orders or a condition of the approval of the auditor made a statement that is:\n\n(ii) for which there is no sound basis for making the statement.\n\n> Note For the meaning of any amount payable to the Department see order 8.\n\n## Notice of decision Notice of decision\n\n## Notice of decision\n\n7.1 If the Secretary decides not to approve the applicant as an approved auditor the Secretary must give the applicant written notice of the decision.\n\n7.2 The notice must:\n\n(a) set out the reasons for the decision; and\n\n(b) tell the applicant of his or her right to apply for reconsideration of the decision.\n\n## How long approval lasts How long approval lasts\n\n## How long approval lasts\n\n9.1 The approval of a person as an auditor takes effect on and from:\n\n(a) the day stated in the notice given under subclause 5.1 of this Schedule as the day of commencement of approval; or\n\n(b) if no day is so specified — the day that the notice is given to the person.\n\n9.2 However, if the auditor must pay a fee under the Export Control (Fees) Orders, the approval does not begin to have effect until the fee is paid.\n\n9.3 The approval of a person as an auditor ceases to have effect:\n\n(a) at the end of 12 months after the day specified in subclause 9.1 as the day the approval takes effect; or\n\n(b) when it is revoked;\n\nwhich ever occurs first.\n\n> Note For revocation see clause 11 of this Schedule.\n\n## Assessing the competence of approved aud Assessing the competence of approved auditor\n\n## Assessing the competence of approved auditor\n\n10.1 The Secretary may assess the competence of an approved auditor, as often as the Secretary thinks necessary.\n\n10.2 Without limiting suborder 10.1 the assessment may include:\n\n(a) an examination of reports made by the auditor in the course of auditing operations; and\n\n(b) an audit of at least one operation that was audited under these Orders within the previous six months by the auditor; and\n\n(c) observing the auditor while he or she is conducting an audit.\n\nDivision III Revocation of approval of auditor\n\n## Revocation Revocation\n\n## Revocation\n\n11.1 The Secretary may by written notice revoke the approval of a person as an approved auditor if the Secretary:\n\n(a) is satisfied that the applicant is not to a fit and proper person having regard to the matters specified in section 4.05 of the Export Control (Prescribed Goods — General) Order 2005; or\n\n(b) has reasonable grounds to believe the person does not have the necessary knowledge, training, skills and experience to competently carry out audits of the kind for which approval is given or the person has failed to show reasonable competence in audit work; or\n\n(c) has reasonable grounds to believe an audit conducted or an audit report prepared by the person is not objective, independent, fair, accurate or complete (and the audit report fails to give reasons why the audit is incomplete); or\n\n(d) has reasonable grounds to believe the person has failed to comply with a requirement of Division II of Part 6 of these Orders or a condition of the approval; or\n\n(e) has reasonable grounds to believe the person has in an application or other document given to the Secretary or in a document or information required to be made or given under the Act, the Orders or a condition of the approval of the auditor made a statement that is:\n\n(ii) for which there is no sound basis for making the statement.\n\n11.2 Without limiting the matters the Secretary may take into account for the purpose of forming a view as to the matters specified in subclause 11.1, the Secretary may take into account any real or perceived conflict of interest.\n\n11.3 The revocation takes effect:\n\n(a) when written notice of it is given to the auditor concerned; or\n\n11.4 The Secretary must give the auditor concerned written notice of:\n\n(a) the reasons for the revocation; and\n\n(b) the auditor’s right to apply for reconsideration of the decision.\n\n> Note For reconsideration and review of decisions made under this Schedule see Part 16 of the Export Control (Prescribed Goods — General) Order 2005 and see also orders 98 and 99 of these Orders.","sortOrder":5}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2597},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of regulating the export of dairy, eggs, and fish products. While comprehensive in covering registration, operational standards, product-specific processing requirements, and export documentation, it does not appear to have expanded beyond ensuring food safety and facilitating international trade compliance for these specific commodity categories."},"complexity_factors":["Multiple detailed schedules (at least 9) covering premises, hygiene, processing, packaging, labeling, and auditing with granular technical requirements","Extensive cross-referencing to external instruments including the Food Standards Code, Export Control (Prescribed Goods — General) Order 2005, and Australian Standards (AS/NZS)","Different regulatory pathways for different establishment types (land-based facilities, registered fishing vessels, catcher boats, and live fish packing establishments) with specific exemptions for each","Nested conditional logic with alternative compliance pathways (orders 86 and 87) allowing importing country requirements to override domestic standards in specific circumstances","HACCP plan requirements mandating identification of critical control points, critical limits, monitoring procedures, and validation documentation","Layered penalty provisions (Levels 2, 3, and 5) requiring reference to separate Export Control (Orders) Regulations 1982 to determine fine amounts","Administrative procedures with specific timeframes (e.g., 60 days for approval decisions, 12-month maximum suspensions, 7-day termination notice periods)"],"plain_english_summary":"This legislation sets mandatory safety, facility and traceability rules for businesses exporting dairy, eggs and fish (including shellfish and crocodile products) from Australia, requiring registered processing premises, HACCP-based food safety systems, temperature controls and export documentation so products meet destination country requirements. It affects processors, facility owners and authorised auditors; non‑compliance risks fines, loss of export approval and harm to Australia’s food‑safety reputation."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The instrument remains within the export‑control remit described in its notes: it prescribes procedural, technical and enforcement measures to ensure dairy, eggs and fish exported as processed food meet Australian and importing‑country requirements. It creates limited, explicitly scoped exceptions (for example time‑limited approvals for unregistered establishments, and specific vessel/establishment exemptions) but does not expand subject matter beyond export of processed food. Decision‑making authority is concentrated in the Secretary (see clauses 8.1, 9.1, 14.1, 19.1, 21.1)."},"complexity_factors":["Extensive cross-references to other Orders and the Act, creating interdependent compliance obligations (see notes referencing the Export Control (Prescribed Goods — General) Order 2005 throughout).","Multiple approval streams and wide administrative discretion vested in the Secretary (approval and conditions: clauses 8.1, 14.1, 16.1; variations and required revisions: clauses 18–20; suspension/revocation: clause 21.1).","Technical validation and HACCP requirements requiring scientific justification and documented validation (HACCP plan: Schedule 2 clauses 2.1, 3.1–3.9; validation of alternative temperature/process controls: clauses 24.2, 27.2, 29.2, 31.2).","Detailed, prescriptive operational and infrastructure rules spanning construction, water quality, refrigeration, depuration, cleaning, personal hygiene and transport (Schedules 2–5, e.g. Schedule 3 clauses 2–20; Schedule 5 temperature and depuration rules).","Layered record‑keeping, traceability and declaration obligations with minimum retention periods and penalties for non‑compliance (record retention: Schedule 2 clause 11.1; production and despatch records: Schedule 7 clauses 5–7, 13).","Tiered penal framework with offences at different severity levels tied to compliance failures (level 2, 3, 5 penal provisions referenced in Schedule 2: e.g. clauses 5.1, 6.2, 10.2, 11.2, 17.1).","Approved auditor regime with competence assessments, renewal, monitoring and revocation (Part 6, clauses 1–11).","Mechanisms to accommodate importing‑country variations and alternative methods, which increase procedural complexity (identification and controls for importing country requirements: Schedule 2 clause 2.1(c); alternative limits/methods: Schedule 7 clause 1.2, Schedule 7 clause 2.2, Schedule 7 clause 3.2 and related).","Electronic transmission, authentication and mandatory system specifications (EXDOC system and interface, clauses 25–30) adding technical IT compliance layers.","Numerous conditional exemptions and special‑case rules (unregistered approvals for limited exports: Schedule 1 clauses 7–13; exemptions for catcher boats, registered fishing vessels and live fish packing establishments: Schedule 3 Part 2, clauses 21–23)."],"plain_english_summary":"This instrument sets technical, administrative and enforcement rules for establishments (including land‑based premises, fishing vessels and catcher boats) preparing dairy, eggs and fish for export. It requires plans and specifications for registration, approved arrangements (including HACCP), hygiene and temperature controls, sampling and records, labelling and traceability, export permits and government certificates, and gives the Secretary powers to approve, vary, suspend or revoke approvals. It affects occupiers, exporters, approved auditors, transport operators and authorised officers because compliance (and penalties) determines export eligibility and market access."}},"importantCases":[],"_links":{"self":"/api/acts/export-control-dairy-eggs-and-fish-orders-2005","history":"/api/acts/export-control-dairy-eggs-and-fish-orders-2005/history","analysis":"/api/acts/export-control-dairy-eggs-and-fish-orders-2005/analysis","conflicts":"/api/acts/export-control-dairy-eggs-and-fish-orders-2005/conflicts","importantCases":"/api/acts/export-control-dairy-eggs-and-fish-orders-2005/important-cases","documents":"/api/acts/export-control-dairy-eggs-and-fish-orders-2005/documents"}}