7‑10 Documents to accompany application7‑10 Documents to accompany application

7‑10 Documents to accompany application

(1) For the purposes of paragraph 239(1)(d) of the Act, an application must be accompanied by a declaration stating that the applicant has in the applicant’s possession: (a) the information and declarations given to the occupier of a receiving establishment in relation to the milk or milk products under section 5‑35 of this instrument by the occupier of the registered establishment where operations to prepare the milk or milk products for export (other than storing, handling or loading) were last carried out; or (b) a declaration by a relevant person that: (i) identifies the milk or milk products; and (ii) states that the requirements of the Act in relation to the export of the milk or milk products have been, or will be, complied with and importing country requirements relating to the milk or milk products have been, or will be, met before the milk or milk products are imported into the importing country; and (iii) states that the information in the declaration is true and correct; and (iv) is signed and dated by the person who made it. (2) If an assessor has given notice to the applicant under subsection 9‑20(2), the declaration referred to in subsection (1) must also state that the applicant has the notice. (3) The declaration must be in the form approved by the Secretary. (4) The declaration: (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: 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).

(5) For the purposes of paragraph (1)(b), each of the following persons is a relevant person: (a) the holder of the approved arrangement for operations to prepare the milk or milk products for export at the registered establishment where those operations (other than storing, handling or loading) were last carried out; (b) a person designated in the approved arrangement as a person who may make the declaration referred to in paragraph (1)(b).

Chapter 8—Other matters relating to export