5‑39 Requirements that must be met for v5‑39 Requirements that must be met for variation to be approved or conditions varied

#### 5‑39 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 operations to prepare prescribed poultry meat or poultry meat 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: (i) one or more requirements (the relevant requirements) of the Australian Poultry Meat Standard that apply in relation to a registered establishment where the operations are carried out to be met; or (ii) 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 poultry meat or poultry meat 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 or other 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: (i) the relevant requirements being met; or (ii) the relevant conditions being complied with; and (b) the approved arrangement provides for a system of controls to be implemented to ensure that the different importing country requirement will be complied with; 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.