8‑6 Approval of notice of intention to e8‑6 Approval of notice of intention to export consignment

8‑6 Approval of notice of intention to export consignment

(1) This section applies if: (a) an 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the consignment to the Secretary in accordance with subsection 243(1) of the Act; and (b) the notice has not been withdrawn. 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 5 of the table in section 2‑3).

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 8‑7(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 livestock in the consignment have been complied with, or will be complied with before the livestock are imported into the importing country; and (b) the importing country requirements relating to the livestock have been met, or will be met before the livestock are imported into the importing country; and (c) the proposed export of the livestock would not contravene any directions given to the holder of the relevant livestock export licence under section 222 of the Act or the conditions of the livestock export licence; and (d) the arrangements for the transport of the livestock to their final overseas destination are appropriate to ensure their health and welfare; and (e) if the livestock is to be transported by air—the exporter has given to the Secretary the property identification codes of each property, or part, at which the livestock were prepared for export. (4) If the prescribed livestock in the consignment are feeder livestock or slaughter livestock, the Secretary must not approve the notice of intention to export the consignment unless the Secretary is satisfied that an approved ESCAS is in force in relation to the livestock. Secretary may request further information or documents or variation of notice (5) 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 (6) The Secretary may approve a notice of intention to export a consignment of prescribed livestock subject to any conditions the Secretary considers appropriate. The conditions (if any) must be specified in the notice given to the exporter under section 8‑7.