8‑11 Approval of notice of intention to 8‑11 Approval of notice of intention to export consignment

8‑11 Approval of notice of intention to export consignment

(1) This section applies if: (a) an exporter who intends to export a consignment of prescribed live animals has given a notice of intention to export the consignment to the Secretary in accordance with subsection 243(1) of the Act; and (b) the notice has not been withdrawn. Secretary must decide whether to approve notice of intention to export consignment (2) The Secretary must decide, in writing: (a) to approve the notice of intention to export the consignment; or (b) to refuse to approve the notice of intention to export the consignment.

Note 1: An approval of the notice of intention to export the consignment must be in force and the conditions (if any) of the approval must be complied with (see item 2 of the table in section 2‑4).

Note 2: A decision to refuse to approve the notice of intention to export the consignment is a reviewable decision (see section 11‑1 of this instrument and Part 2 of Chapter 11 of the Act). The notice under subsection 8‑12(1) of this instrument must also include the reasons for the decision (see subsection 382(1) of the Act).

(3) The Secretary may approve the notice of intention to export the consignment if the Secretary is satisfied that: (a) the requirements of the Act in relation to the export of the live animals in the consignment have been complied with, or will be complied with before the live animals are imported into the importing country; and (b) the importing country requirements relating to the live animals have been met, or will be met before the live animals are imported into the importing country; and (c) the arrangements for the transport of the live animals to the importing country are appropriate to ensure their health and welfare. Secretary may request further information or documents or variation of notice (4) For the purpose of making a decision under subsection (2), the Secretary may, by written notice, request the exporter: (a) to give the Secretary further specified information or documents; or (b) to vary the notice of intention to export the consignment in a specified way. Approval may be given subject to conditions (5) The Secretary may approve a notice of intention to export a consignment of prescribed live animals subject to any conditions the Secretary considers appropriate. The conditions (if any) must be specified in the notice given to the exporter under section 8‑12.

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