When the Secretary is taken to have refuWhen the Secretary is taken to have refused the application

When the Secretary is taken to have refused the application

13.1 If the Secretary has not made a decision on whether to approve the arrangement within 60 days after the day the application is received (not including any period between the Secretary making a written request under subclause 12.2 and the applicant meeting the request) the Secretary is taken to have refused the application.

When the Secretary may approve the arrangement

14.1 The Secretary may by written notice given to the applicant approve the arrangement if the Secretary is satisfied that:

(a) the arrangement complies with subclause 2.1 of this Schedule; and

(b) compliance with the controls specified in the arrangement will ensure that:

(i) the requirements of these Orders will be complied with at the applicant’s establishment; and

(ii) the applicable importing country requirements will be complied with at the establishment; and

(iii) there is a sound basis for giving any export permit and issuing any government certification for milk and milk products prepared at the establishment; and

(c) the applicant will comply with the arrangement.

Note For further grounds where the approved arrangement covers the issue of an export permit see subclause 15.1 of Schedule 9.

14.2 The approval takes effect:

(a) on the day specified in the approval as being the day it takes effect; or

(b) if no such day is specified — when written notice of the approval is given to the applicant.