Variations requiring notification and apVariations requiring notification and approval before implementation

Variations requiring notification and approval before implementation

18.1 A proposed variation (or a proposed variation in combination with other variations) to an arrangement that has the potential to adversely affect:

(a) the likelihood of compliance with the requirements of these Orders or an applicable importing country requirement; or

(b) the fitness for human consumption or integrity of milk and milk products at the establishment; or

(c) an accurate assessment being made as to whether:

(i) there is compliance with requirements of these Orders or an applicable importing country requirement; or

(ii) milk and milk products at the establishment are fit for human consumption and their integrity is assured;

must not be implemented unless:

(d) the occupier makes a written application to the Secretary for approval to vary the arrangement; and

(e) the Secretary gives the occupier a written notice approving the variation.

Note Variations (including variations not covered by clause 18) need to be recorded (see clause 17 of this Schedule). Variations not covered by clause 18 are to be considered for approval by the auditor at the time of audit.

18.2 A proposed variation of a provision of an approved arrangement (or a proposed variation in combination with other variations) that:

(a) identifies a person who may:

(i) make a declaration referred to in paragraph 6.1 (g) or 6.1 (h) of Schedule 8 or paragraph 3.1 (a) of Schedule 9; or

(ii) issue an export permit; or

(iii) manufacture or possess an official marking device or manufacture, possess, apply, alter or interfere with an official mark or apply a resemblance; or

(b) relates to any of the following:

(i) an alternative, procedure, standard or other requirement referred to in suborder 78.5 of these Orders;

(ii) a control referred to in suborder 79.6 of these Orders;

(iii) an alternative requirement or control referred to in these Orders;

(iv) export issuing procedures referred to in paragraph 11.2 (b) of Schedule 9;

must not be implemented unless:

(c) the occupier makes a written application to the Secretary for approval to vary the arrangement; and

(d) the Secretary gives the occupier a written notice approving the variation.

Note For an example of an alternative requirement or control referred to in subparagraph 18.2 (b) (iii) see the alternative temperature controls in Part 2 of Schedule 5 and the alternative standards in Schedule 6.