5‑21 Significant variations5‑21 Significant variations

5‑21 Significant variations

For the purposes of subparagraph 164(2)(c)(ii) of the Act, the following kinds of variations are prescribed in relation to an approved arrangement for exporter supply chain assurance operations: (a) a variation of the business structure of the holder of the approved arrangement; (b) a variation because of an event referred to in paragraph 186(1)(b) or (c) of the Act (relating to insolvency); (c) a variation (other than to correct a minor or technical error) to the assurance rules or assurance standards provided by the approved arrangement; (d) the removal of a country, or the addition of a country, in relation to which the exporter supply chain assurance operations are to be carried out; (e) a variation that may have the effect that carrying out exporter supply chain assurance operations in accordance with the approved arrangement will no longer ensure compliance with the requirements of the Act in relation to those operations.

Note: Example: For the purposes of paragraph (a), each of the following would be a change in the holder’s business structure:

(a) a change in a person who manages or controls export operations covered by the approved arrangement;
(b) if the holder is a partnership—a change in the membership of the partnership.

Note 1: If the holder of the approved arrangement wishes to make any of the variations prescribed by this section, or vary the arrangement to remove or add a kind of prescribed livestock, the holder must apply to the Secretary under subsection 161(1) of the Act to approve the variation. See also section 164 of the Act.

Note 2: The holder of the approved arrangement may commit an offence or be liable to a civil penalty if a variation of the approved arrangement prescribed by this section is implemented and the variation has not been approved by the Secretary under paragraph 161(2)(a) of the Act (see section 163 of the Act).