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Export Control (Meat and Meat Products) Rules 2021
5‑38 Information and declarations relati5‑38 Information and declarations relating to transferred prescribed meat or meat products
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#### 5‑38 Information and declarations relating to transferred prescribed meat or meat products
(1) If a consignment of prescribed meat or meat products is transferred from a registered establishment (the transferring establishment) to another registered establishment (the receiving establishment), the following information and declarations must be given to the occupier of the receiving establishment:
(a) a full description of the meat or meat products;
(aa) the date or dates of slaughter of the animals from which the meat or meat products were derived;
(ab) the registered establishment (with the registration number) where the animals from which the meat or meat products were derived were slaughtered;
(ac) for Halal meat—the Islamic organisation that carried out Halal meat certification operations in relation to the meat or meat products;
(b) information about storage conditions (that is, whether the meat or meat products are chilled, frozen or shelf‑stable);
(c) the name, address and registration number of the transferring establishment;
(d) the date or dates when operations to prepare the meat or meat products (other than storing, handling or loading) were last carried out before the transfer;
(e) the quantity of meat or meat products in the consignment;
(f) if the meat or meat products are in packages—the number and kind of packages;
(g) the identification of the conveyance used to transport the meat or meat products;
(h) a description of any means of security applied to the meat or meat products;
(i) the name, address and registration number of the receiving establishment;
(j) if operations to prepare the meat or meat products were carried out to meet importing country requirements of one or more countries—the name of each country;
(k) a declaration stating:
(i) that, at the date the declaration is made, the prescribed export conditions, and any other conditions that apply in relation to the meat or meat products under the Act, have been complied with and any importing country requirements relating to the meat or meat products are met; and
(ii) any export market eligibility requirements for the relevant export market for the meat or meat products that are yet to be complied with;
(l) a declaration stating that all of the information given in relation to the consignment is true and complete.
> Note 1: For conveyance, see section 12 of the Act.
> Note 2: For Halal meat and Islamic organisation, see section 1‑5 of this instrument.
> Note 3: See subsections (2) to (4) for matters relating to the declarations referred to in paragraphs (k) and (l) of this subsection.
(2) The information and declarations in relation to a consignment required to be given to the occupier of the receiving establishment under subsection (1) must:
(a) be in writing and in a form approved by the Secretary; and
(b) either:
(i) be given to the occupier when the consignment leaves the transferring establishment; or
(ii) accompany the consignment when it arrives at the receiving establishment.
> Note 1: Electronic message formats should be compliant with the United Nations Rules for Electronic Data Interchange for Administration, Commerce and Transport (UNEDIFACT). These Rules could in 2021 be viewed on the website of the United Nations Economic Commission for Europe (https://www.unece.org).
> Note 2: For when requirements to give information (including a declaration) in writing can be met by an electronic communication, see section 9 of the Electronic Transactions Act 1999. For electronic signatures, see section 10 of that Act.
Requirements for declarations
(3) A declaration referred to in paragraph (1)(k) or (l) in relation to a consignment of prescribed meat or meat products must be made by:
(a) the holder of the approved arrangement for operations to prepare the meat or meat products for export at the transferring establishment; or
(b) a person who manages or controls those operations if:
(i) the approved arrangement covering those operations provides for export inspection procedures that include the making of the declaration in relation to the meat or meat products; and
(ii) the person is designated in the approved arrangement as a person who may make the declaration.
> Note: If a relevant importing country authority requires alternative inspection arrangements to be carried out by authorised officers, this needs to be covered by the approved arrangement (see paragraph 5‑2(4)(e)).
(4) A declaration referred to in paragraph (1)(k) or (l):
(a) must not be made if there are no reasonable grounds for making it; and
(b) must not be false or misleading; and
(c) must be signed and dated by the person who made it.
> Note 1: For suspension or revocation of the approved arrangement if these requirements are not met, see sections 171 and 179 of the Act.
> Note 2: A person may commit an offence or be liable to a civil penalty if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 368 and 369 of the Act).