5‑43 Requirements that must be met for v5‑43 Requirements that must be met for variation to be approved or conditions varied

5‑43 Requirements that must be met for variation to be approved or conditions varied

(1) This section applies in relation to an application under subsection 161(1) of the Act to approve a variation of an approved arrangement for export operations in relation to prescribed milk or milk products for export to a particular country, or to vary the conditions of such an approved arrangement, if: (a) the application is made because the relevant importing country authority does not require compliance with one or more conditions (the relevant conditions) in Divisions 3 to 7 of Part 2 of this Chapter; and (b) the relevant importing country authority requires a different requirement relating to the prescribed milk or milk products to be met.

Note: A variation of an approved arrangement, or of the conditions of an approved arrangement, may be needed to implement an alternative regulatory arrangement approved under paragraph 379C(1)(a) of the Act or another significant variation (see Subdivisions B and C of Division 1 of Part 4 of Chapter 5 of the Act).

(2) For the purposes of paragraph 161(3)(c) of the Act, it is a requirement that: (a) compliance with the different importing country requirement referred to in paragraph (1)(b) of this section will not result in the relevant conditions being complied with; and (b) the approved arrangement will provide for a system of controls to be implemented to ensure that the different importing country requirement will be met; and (c) the system of controls referred to in paragraph (b) of this subsection will be implemented in carrying out operations in accordance with the approved arrangement.