9‑19 Secretary may make variations in re9‑19 Secretary may make variations in relation to accreditation

9‑19 Secretary may make variations in relation to accreditation

(1) The Secretary may do any of the following in relation to the accreditation of a veterinarian: (a) vary any aspect of the accreditation, including so that it does not cover: (i) a kind of export operations covered by the accreditation; or (ii) a specified approved export program covered by the accreditation; or (iii) if the veterinarian is accredited to carry out pre‑export preparation operations in approved export programs in one or more States or Territories—a State or Territory covered by the accreditation; (b) vary the conditions of the accreditation (including by removing conditions or imposing new conditions).

Note: A decision to make a variation is a reviewable decision (see section 11‑1 of this instrument and Part 2 of Chapter 11 of the Act).

(2) The Secretary may make a variation in relation to the accreditation of a veterinarian under subsection (1) only if the Secretary reasonably believes that: (a) a requirement in paragraph 9‑12(2)(c) or (d) or 9‑12(3)(c) or (d) (as the case requires) is no longer being met; or (b) a condition of the accreditation has been, or is being, contravened; or (c) it is necessary to do so: (i) to take account of information notified under subsection 9‑13(3); or (ii) to correct a minor or technical error. Notice of proposed variation (3) The Secretary must not make a variation in relation to the accreditation of a veterinarian under subsection (1) unless the Secretary has given a written notice to the accredited veterinarian in accordance with subsection (4). (4) A notice under subsection (3) must: (a) specify each proposed variation; and (b) specify the grounds for each proposed variation; and (c) subject to subsection (5), request the accredited veterinarian to give a written statement to the Secretary within 14 days after the day the notice is given, or within such longer period specified in the notice, showing cause why the proposed variation should not be made; and (d) include a statement setting out the accredited veterinarian’s right to seek review of a decision to make the proposed variation. (5) A notice under subsection (3) is not required to include the request referred to in paragraph (4)(c) if the Secretary reasonably believes that the grounds for the proposed variation are serious and urgent. Notice of variation (6) If the Secretary makes a variation in relation to the accreditation of a veterinarian under subsection (1), the Secretary must give the accredited veterinarian a written notice stating the following: (a) details of the variation; (b) if the variation is of the conditions of the accreditation—the varied conditions and any new conditions; (c) the date the variation takes effect; (d) any other information the Secretary considers appropriate. (7) If the accredited veterinarian was given a notice (a show cause notice) under subsection (3) that included the request referred to in paragraph (4)(c), the variation must not take effect before the earlier of the following: (a) the day after any response to the request is received by the Secretary; (b) the end of 14 days after the show cause notice was given or, if the show cause notice specified a longer period, the end of that longer period.