12‑2 QM certificate in force immediately12‑2 QM certificate in force immediately before commencement time

12‑2 QM certificate in force immediately before commencement time

(1) This section applies in relation to a QM certificate (an old QM certificate) that was in force under the old Export Control (Organic Produce) Orders immediately before the commencement time. QM system and QM manual continue in force as approved arrangement (2) The QM system and the QM manual to which the old QM certificate related, as they existed immediately before the commencement time, continue in force after the commencement time: (a) as if, read as one, they were an approved arrangement (a continuing approved arrangement) for organic goods certification operations under Chapter 5 of the Act; and (b) subject to the conditions (if any) to which the old QM certificate was subject immediately before the commencement time.

Note 1: The continuing approved arrangement will also be subject to the conditions provided by the Act and the conditions prescribed by Part 2 of Chapter 5 of this instrument.

Note 2: The continuing approved arrangement may be renewed, varied, suspended or revoked under Chapter 5 of the Act.

Holder of continuing approved arrangement (3) For the purposes of the application of the Act in relation to the continuing approved arrangement, the organisation to which the old QM certificate had been issued is the holder of the continuing approved arrangement. Expiry of continuing approved arrangement (4) Subject to subsection (6), if there was no expiry date for the old QM certificate, the continuing approved arrangement continues in force unless: (a) it is revoked under Part 6 of Chapter 5 of the Act; or (b) it is taken to have been revoked under section 188 of the Act. (5) Subject to subsection (6), if there was an expiry date for the old QM certificate, the continuing approved arrangement continues in force until that expiry date unless: (a) it is renewed under Part 3 of Chapter 5 of the Act on or before that date; or (b) it is revoked under Part 6 of Chapter 5 of the Act, or is taken to have been revoked under section 188 of the Act on or before that date. (6) Unless the continuing approved arrangement has been renewed, or has ceased to have effect, before the end of the transition period, the continuing approved arrangement ceases to have effect at the end of the transition period.