9‑36 Holder may apply for approval of va9‑36 Holder may apply for approval of variation of approved export program

9‑36 Holder may apply for approval of variation of approved export program

(1) The holder of an approved export program may apply to the Secretary, in writing, to approve a variation of the approved export program. (2) On receiving an application under subsection (1) to approve a variation, the Secretary must decide: (a) to approve the variation; or (b) to refuse to approve the variation.

Note: A decision to refuse to approve a variation of an approved export program is a reviewable decision (see section 11‑1 of this instrument and Part 2 of Chapter 11 of the Act) and the Secretary must give the applicant written notice of the decision (see section 382 of the Act).

Request for further information or documents (3) For the purpose of making a decision in relation to the application, 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. (4) A request under subsection (3): (a) may be made orally or in writing; and (b) must specify the period within which the request must be complied with. Approval of variation (5) The Secretary may approve a variation of the approved export program if the Secretary is satisfied that the approved export program, as proposed to be varied, is for the purpose of ensuring the health and welfare of a kind or class of livestock in the course of export operations to which the approved export program relates. (6) For the purposes of subsection (5), the Secretary may have regard to whether the approved export program, as proposed to be varied, complies with the Australian Standards for the Export of Livestock in relation to the livestock to which the approved export program relates. Notice of decision to approve variation (7) If the Secretary approves a variation, the Secretary must give the applicant a written notice stating: (a) details of the variation; and (b) the day the variation takes effect. When Secretary is taken to have decided not to approve variation (8) The Secretary is taken to have decided not to approve a variation of the approved export program 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 (9), after: (a) the day the application was received; or (b) if the application was varied—the day the application was varied. (9) The initial consideration period for the application is extended, for each request made under subsection (3), 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.