6‑40 Secretary may require approved ESCA6‑40 Secretary may require approved ESCAS to be varied or vary conditions of approved ESCAS

6‑40 Secretary may require approved ESCAS to be varied or vary conditions of approved ESCAS

(1) The Secretary may: (a) give the holder of an approved ESCAS a written notice requiring the holder to vary any aspect of the approved ESCAS, as specified in the notice, by the date specified in the notice; or (b) by written notice to the holder of an approved ESCAS, vary the conditions (if any) of the approved ESCAS (including by imposing new conditions).

Note: A decision to require the holder to vary an aspect of an approved ESCAS, or to vary 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 given under this subsection must also include the reasons for the decision (see subsection 382(1) of the Act).

(2) The Secretary may require the holder to vary the approved ESCAS under paragraph (1)(a), or vary the conditions of an approved ESCAS under paragraph (1)(b), if: (a) the Secretary is not satisfied that livestock to which the approved ESCAS apply will be dealt with in accordance with the approved ESCAS; or (b) the holder has not complied with any conditions of the holder’s livestock export licence; or (c) the Secretary considers the variation is needed for any other reason.