9‑34 Assessment of application and Secre9‑34 Assessment of application and Secretary’s decision

9‑34 Assessment of application and Secretary’s decision

(1) This section applies if an exporter makes an application under paragraph 9‑33(1)(b) for approval of a program of export operations. Request for further information or documents (2) For the purpose of deciding whether to approve the program of export operations under subsection 311(1) of the Act, the Secretary may request the applicant, or another person who the Secretary considers may have information or documents relevant to the application, to give the Secretary further specified information or documents relevant to the application.

Note: An approval by the Secretary of a program of export operations must be in writing (see subsection 311(1) of the Act).

(3) A request under subsection (2): (a) may be made orally or in writing; and (b) must specify the period within which the request must be complied with. Approval of program of export operations (4) The Secretary may approve the program of export operations if the Secretary is satisfied that the program is for the purpose of ensuring the health and welfare of each kind or class of livestock to which the program relates in the course of export operations included in the program.

Note 1: An exporter may commit an offence under Division 3 of Part 5 of Chapter 9 of the Act for certain contraventions relating to approved export programs.

Note 2: The Secretary may direct an authorised officer to undertake some or all of the export operations in an exporter’s approved export program (see section 313 of the Act).

(5) For the purposes of subsection (4), the Secretary may have regard to whether the program of export operations complies with the Australian Standards for the Export of Livestock in relation to the livestock to which the program relates. (6) If the Secretary approves the program of export operations, the Secretary may, if the Secretary considers it appropriate, set an expiry date for the approved export program. When Secretary is taken to have decided not to approve program of export operations (7) The Secretary is taken to have decided not to approve the program of export operations if the Secretary has not made a decision on the application within 120 days (the initial consideration period), or such extended period as may apply under subsection (8), after: (a) the day the application was received; or (b) if the application was varied—the day the application was varied. (8) The initial consideration period for the application is extended, for each request made under subsection (2), by the number of days in the period beginning on the day the request was made and ending on: (a) the day the request was complied with; or (b) if the request was not complied with within the period specified in the request—the last day of that period. Notice of decision (9) If the Secretary approves the program of export operations, the Secretary must give the applicant a written notice stating: (a) the day the approved export program takes effect; and (b) either: (i) that the approved export program remains in force unless it is suspended or revoked; or (ii) if applicable, the expiry date for the approved export program. (10) If the Secretary decides not to approve the program of export operations or is taken to have decided not to approve the program of export operations, the Secretary must give the applicant written notice of the decision.