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Export Control Act 2020
314Secretary may direct authorised officer to monitor or review export operations in approved export programs
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314 Secretary may direct authorised officer to monitor or review export operations in approved export programs
(1) The Secretary may direct an authorised officer to monitor or review:
(a) the carrying out by accredited veterinarians of export operations in approved export programs; or
(b) export operations in approved export programs carried out by persons who export eligible live animals or eligible animal reproductive material.
Note 1: The Secretary may also require an audit to be conducted in relation to the performance of functions and the exercise of powers under this Act by an accredited veterinarian (see section 267).
(a) the Secretary gives a direction to an authorised officer under subsection (1); and
(b) the authorised officer identifies a deficiency in the carrying out of export operations in an approved export program by an accredited veterinarian;
the authorised officer may, in writing, direct the accredited veterinarian to remedy the deficiency within such reasonable period as is specified in the direction.
Note: The accredited veterinarian may commit an offence if the veterinarian fails to comply with the direction (see section 317).
(3) A direction to an accredited veterinarian under subsection (2) must:
(a) describe the deficiency; and
(b) state that the accredited veterinarian may commit an offence if the accredited veterinarian fails to remedy the deficiency within the period specified in the direction.
315 Offence—person other than accredited veterinarian or authorised officer carrying out export operations in approved export program
(1) A veterinarian commits an offence if:
(a) the veterinarian carries out export operations in an approved export program; and
(b) the veterinarian is reckless as to whether the export operations are in such a program; and
(c) the veterinarian is not:
(i) an accredited veterinarian; or
(ii) an authorised officer who has been directed under subsection 313(1) to carry out the export operations.
(2) Strict liability applies to paragraphs (1)(a) and (c).
316 Strict liability offence—failure to keep records or provide reports in relation to approved export program
An accredited veterinarian commits an offence of strict liability if:
(a) the accredited veterinarian is required by the rules to keep records, or provide reports, in connection with an approved export program; and
(b) the accredited veterinarian contravenes the requirement.
317 Strict liability offence—failure to remedy deficiency in carrying out approved export program
An accredited veterinarian commits an offence of strict liability if:
(a) the veterinarian is given a direction under subsection 314(2); and
(b) the veterinarian fails to comply with the direction.
318 Offence—failure to ensure accredited veterinarian is engaged to carry out relevant export operations in approved export program
A person commits an offence if:
(a) the person carries out export operations; and
(b) the person is reckless as to whether the export operations are in an approved export program; and
(c) the person does not ensure that, at all times when the approved export program applies, an accredited veterinarian is engaged to carry out the export operations in the program, other than export operations that an authorised officer is required to carry out in accordance with:
(i) the program; or
(ii) a direction under subsection 313(1).
319 Strict liability offence—contravening requirement to allow accredited veterinarian etc. to accompany eligible live animals during transport to overseas destination
A person commits an offence of strict liability if:
(a) under the rules, the person is required to allow an accredited veterinarian or an authorised officer to accompany eligible live animals during their transport from Australia to their overseas destination in connection with an approved export program; and
(b) the person contravenes the requirement.
320 Person must not obstruct or hinder accredited veterinarians etc. carrying out export operations in approved export program
(1) A person contravenes this subsection if the person obstructs or hinders an accredited veterinarian, or an authorised officer, in carrying out export operations in an approved export program.
(3) A person commits an offence of strict liability if the person contravenes subsection (1).
321 Strict liability offence—contravening requirement to provide reasonable facilities and assistance to accredited veterinarian etc.
(a) an accredited veterinarian is engaged to carry out some or all of the export operations in an approved export program; or
(b) under subsection 313(1), the Secretary directs an authorised officer to carry out some or all of those export operations;
the person who wishes to export the eligible live animals or eligible animal reproductive material to which the program relates must provide the accredited veterinarian or authorised officer with all reasonable facilities and assistance necessary to carry out the export operations.
(2) A person commits an offence of strict liability if:
(a) the person is required to provide facilities and assistance under subsection (1); and
Division 4—Extended geographical operation of offences