2‑16 Circumstances for refusing to issue2‑16 Circumstances for refusing to issue government certificate

2‑16 Circumstances for refusing to issue government certificate

Circumstances relating to all fish or fish products (1) For the purposes of paragraph 67(3)(g) of the Act, each of the following circumstances is prescribed in relation to an application for a government certificate in relation to fish or fish products: (a) a condition or disease is present in Australian territory that is likely to affect the acceptability of the fish or fish products to the importing country, and the effects of the condition or disease have not been eliminated by a treatment or process to make the fish or fish products fit for human consumption; (b) the export of the fish or fish products could result in trade in the export of goods from Australian territory being adversely affected; (c) the applicant for the certificate failed: (i) to return a government certificate as required by section 2‑18 of this instrument; or (ii) to retain a government certificate in a secure place in accordance with section 11‑4 of this instrument; or (iii) to provide facilities and assistance to an auditor as required by section 271 of the Act. Circumstances relating only to prescribed fish or fish products (2) For the purposes of paragraph 67(3)(g) of the Act and without limiting subsection (1) of this section, each of the following circumstances is prescribed in relation to an application for a government certificate in relation to prescribed fish or fish products: (a) a prescribed export condition that applies in relation to the fish or fish products has not been complied with; (b) the applicant for the certificate failed to comply with a direction given to the applicant under subsection 305(1) of the Act (to deal with non‑compliance with the requirements of the Act); (c) an export permit is not in force for the fish or fish products. Circumstances relating only to shellfish (3) For the purposes of paragraph 67(3)(g) of the Act and without limiting subsections (1) and (2) of this section, the circumstance that shellfish have not been prepared in accordance with the Australian Shellfish Export Standards is prescribed in relation to an application for a government certificate in relation to prescribed fish that are shellfish or prescribed fish products containing shellfish.

Note: Other grounds for the issuing body to refuse to issue a government certificate in relation to prescribed fish or fish products are set out in paragraphs 67(3)(a) to (f) of the Act.