8‑31 Removal or defacement of official m8‑31 Removal or defacement of official marks

#### 8‑31 Removal or defacement of official marks Official marks generally (1) If an official mark has been applied to meat or meat products, the official mark must be removed or defaced if the meat or meat products: (a) are no longer wholesome; or (b) have deteriorated. Official marks (other than Halal meat official mark, Australia Approved official mark or Australia Approved (lamb) official mark) (2) Without limiting subsection (1), if an official mark (other than a Halal meat official mark, an Australia Approved official mark or an Australia Approved (lamb) official mark) has been applied to a carton in which meat or meat products are packed, the official mark must be removed or defaced if it is no longer intended: (a) to export the meat or meat products; or (b) to export the meat or meat products in that carton. Halal meat official marks (3) If a Halal meat official mark has been applied to meat or meat products, the official mark must be removed or defaced if: (a) the meat or meat products are not Halal meat that has been derived from animals slaughtered in accordance with an approved arrangement covering the slaughter of animals for Halal meat; or (b) the integrity of the meat or meat products as Halal meat cannot be ensured. Foreign country identification official marks and European Union official marks (4) Without limiting subsection (1), if a foreign country identification official mark or a European Union official mark has been applied to meat or meat products, the official mark must be removed or defaced if the circumstances in which that mark may be applied to the meat or meat products, as specified by the relevant importing country authority, no longer exist. Persons who may remove or deface official mark (5) If an official mark has been applied to meat or meat products and the official mark is required to be removed or defaced under any of subsections (1) to (4), 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 meat or meat 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 meat or meat 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).