6‑37 Secretary may approve proposed ESCA6‑37 Secretary may approve proposed ESCAS

6‑37 Secretary may approve proposed ESCAS

Approval of proposed ESCAS (1) On receiving an application under section 6‑35 to approve a proposed ESCAS, the Secretary must decide: (a) to approve the ESCAS; or (b) to refuse to approve the ESCAS.

Note: A decision to refuse to approve a proposed ESCAS is a reviewable decision (see section 11‑1 of this instrument and Part 2 of Chapter 11 of the Act) and the Secretary must give the applicant written notice of the decision (see section 382 of the Act).

(2) The Secretary must not approve the proposed ESCAS unless the Secretary is satisfied, having regard to any matter that the Secretary considers relevant, that the ESCAS will ensure that livestock to which it will apply will be transported, handled, slaughtered and subjected to any other related operations in accordance with relevant OIE recommendations.

Note: For OIE recommendations, see section 1‑6.

(3) For the purpose of deciding whether to approve the proposed ESCAS, the Secretary: (a) must consider how the ESCAS deals with the matters referred to in subsection 6‑35(4); and (b) may have regard to the record of the holder of the licence in relation to compliance with a previously approved ESCAS. Request for further information or to vary proposed ESCAS (4) The Secretary may, by notice in writing, request the applicant: (a) to provide further information about a proposed export; or (b) to provide further information about the proposed ESCAS; or (c) to vary the proposed ESCAS in a specified way. Proposed ESCAS may be approved subject to conditions (5) The Secretary may approve the proposed ESCAS subject to any conditions the Secretary considers appropriate.

Note: A decision to approve a proposed ESCAS subject to conditions is a reviewable decision (see section 11‑1 of this instrument and Part 2 of Chapter 11 of the Act).

(6) Without limiting subsection (5), the conditions may relate to the following matters: (a) the matters referred to in subsection 6‑35(4); (b) publication of information provided by the holder of the licence in relation to the supply chain set out in the proposed ESCAS; (c) the number of consignments to which the proposed ESCAS may apply; (d) any other matter the Secretary considers appropriate. Notice of decision (7) If the Secretary approves the proposed ESCAS, the Secretary must give the applicant a written notice stating: (a) the kind of livestock covered by the approved ESCAS; and (b) the conditions (if any) of the approved ESCAS.