6‑39 Holder of approved ESCAS may apply 6‑39 Holder of approved ESCAS may apply to Secretary to vary ESCAS or conditions of ESCAS

6‑39 Holder of approved ESCAS may apply to Secretary to vary ESCAS or conditions of ESCAS

(1) The holder of an approved ESCAS may apply, in writing, to the Secretary to approve a variation of: (a) an approved ESCAS; or (b) the conditions of an approved ESCAS. (2) If the Secretary receives an application under subsection (1) to approve a variation, the Secretary must decide: (a) to approve the variation; or (b) to refuse to approve the variation.

Note: A decision to refuse to approve a variation of an approved ESCAS, or the conditions of an approved ESCAS, is a reviewable decision (see section 11‑1 of this instrument and Part 2 of Chapter 11 of the Act). The notice under subsection (4) of this section must also include the reasons for the decision (see subsection 382(1) of the Act).

(3) The Secretary must not approve the variation unless the Secretary is satisfied, having regard to any matter that the Secretary considers relevant, that the ESCAS as varied 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.

(4) The Secretary must give the holder written notice of the Secretary’s decision.