8‑5 Approval of premises for pre‑export 8‑5 Approval of premises for pre‑export quarantine or isolation

8‑5 Approval of premises for pre‑export quarantine or isolation

(1) This section applies if: (a) a person (in this Division called the exporter) who intends to export a consignment of prescribed livestock 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the consignment to the Secretary in accordance with subsection 243(1) of the Act; and (b) the notice has not been withdrawn; and (c) the notice states: (i) that the livestock are to be transported by air; and (ii) that, for the purpose of meeting importing country requirements, the livestock must be prepared for export at premises that are approved for pre‑export quarantine or isolation; and (d) the notice specifies the premises where operations to prepare the livestock for export are to be carried out; and (e) the premises are not a registered establishment in relation to the livestock. Secretary must decide whether to approve premises for pre‑export quarantine or isolation (2) The Secretary must decide, in writing: (a) to approve the premises for pre‑export quarantine or isolation of the consignment; or (b) to refuse to approve the premises for pre‑export quarantine or isolation of the consignment.

Note 1: Operations to prepare the consignment for export must be carried out at an establishment that is registered for those operations or at premises that are approved for pre‑export quarantine or isolation under paragraph (a) of this subsection (see item 2 of the table in section 2‑3). A required period of pre‑export quarantine or isolation at approved premises cannot start until the day after the approval is given (see paragraph (7)(a) of this section).

Note 2: A decision to refuse to approve the premises is a reviewable decision (see section 11‑1 of this instrument and Part 2 of Chapter 11 of the Act). The notice under subsection (5) of this section must also include the reasons for the decision (see subsection 382(1) of the Act).

(3) The Secretary may approve the premises for pre‑export quarantine or isolation of the consignment if the Secretary is satisfied the premises meet importing country requirements relating to those operations. Secretary may request further information or consent to enter premises (4) For the purpose of making a decision under subsection (2), the Secretary may request the exporter: (a) to give the Secretary further specified information or documents; or (b) to obtain consent for an authorised officer to enter the premises to carry out an inspection of the premises. Notice of decision (5) The Secretary must give the exporter written notice of the Secretary’s decision under subsection (2). (6) If the decision is to refuse to approve the premises for pre‑export quarantine or isolation of the consignment, the notice may also request the exporter to give the Secretary a new notice of intention to export the consignment. Period of effect of approval (7) If the premises are approved under paragraph (2)(a) for pre‑export quarantine or isolation of the consignment, the approval: (a) takes effect on the day after the approval is given; and (b) remains in force (unless it is revoked earlier) for the period in which operations to prepare the consignment for export are carried out at the premises. Secretary may suspend or revoke approval (8) If the Secretary reasonably believes that importing country requirements relating to the pre‑export quarantine or isolation of the consignment at premises approved under paragraph (2)(a) will not be met, the Secretary may, by written notice to the exporter: (a) suspend or revoke the approval of the premises for those operations; and (b) request the exporter to give the Secretary a new notice of intention to export the consignment.