8‑22 Removal or defacement of official m8‑22 Removal or defacement of official marks

8‑22 Removal or defacement of official marks

(1) If an official mark has been applied to eggs or egg products, the official mark must be removed or defaced if the eggs or egg products are no longer fit for human consumption or have deteriorated. (2) Without limiting subsection (1), if an official mark has been applied to a carton in which eggs or egg products are packed, the official mark must be removed or defaced if it is no longer intended: (a) to export the eggs or egg products; or (b) to export the eggs or egg products in that carton. Foreign country identification official marks and European Union official marks (3) Without limiting subsection (1), if a foreign country identification official mark or a European Union official mark has been applied to eggs or egg products, the official mark must be removed or defaced if the circumstances in which that mark may be applied to the eggs or egg products, as specified by the relevant importing country authority, no longer exist. Persons who may remove or deface official mark (4) If an official mark has been applied to eggs or egg products and the official mark is required to be removed or defaced under any of subsections (1) to (3), the official mark must be removed or defaced by: (a) an authorised officer or a person acting in accordance with a direction given by an authorised officer; or (b) a person designated in an approved arrangement in accordance with which the official mark was applied to the eggs or egg products as a person who may remove or deface the official mark; or (c) a person to whom the Secretary has given a written approval to remove or deface the official mark at a specified registered establishment and in relation to specified eggs or egg products, if the official mark is removed or defaced in accordance with the approval.

Note 1: For how a direction may be given by an authorised officer, see section 309 of the Act.

Note 2: A person may commit an offence or be liable to a civil penalty if the person engages in conduct that contravenes a provision in this Division (see section 258 of the Act).