12‑3 Secretary may direct holder to vary12‑3 Secretary may direct holder to vary continuing approved arrangement

12‑3 Secretary may direct holder to vary continuing approved arrangement

(1) This section applies to a continuing approved arrangement within the meaning of subsection 12‑2(2). (2) The Secretary may direct the holder of the continuing approved arrangement, in writing, to vary the text of the continuing approved arrangement by replacing a reference to an old Export Control Law, or a provision of an old Export Control Law, with a reference to the Act or this instrument or a provision of the Act or this instrument (as the case requires), or by making any other variation that the Secretary considers necessary to ensure that: (a) the approved arrangement complies with subsection 150(2) of the Act and the requirements prescribed by Part 1 of Chapter 5 of this instrument; and (b) carrying out export operations in relation to prescribed organic goods in accordance with the approved arrangement will ensure: (i) compliance with the requirements of the Act in relation to those export operations and goods; and (ii) that importing country requirements relating to those export operations and goods will be met.

Note: The holder of the continuing approved arrangement is the person to whom the old QM certificate had been issued (see subsection 12‑2(3) of this instrument).

(3) If the holder of the continuing approved arrangement is given a direction under subsection (2), the holder must comply with the direction: (a) within 2 years after receiving it; or (b) within any further period (not exceeding 1 year) granted by the Secretary on application, in writing, by the holder. (4) Subparagraphs 171(1)(h)(i) and 179(1)(h)(i) of the Act apply in relation to the approved arrangement as if the reference to a direction in those subparagraphs included a reference to a direction given to the holder of the approved arrangement under subsection (2) of this section.

Note: The continuing approved arrangement may be suspended or revoked if the holder of the approved arrangement fails to comply with the direction (see subparagraphs 171(1)(h)(i) and 179(1)(h)(i) of the Act).