9‑34 Powers where integrity of prescribe9‑34 Powers where integrity of prescribed rabbit meat, ratite meat, rabbit meat products or ratite meat products may not be able to be ensured

9‑34 Powers where integrity of prescribed rabbit meat, ratite meat, rabbit meat products or ratite meat products may not be able to be ensured

(1) If an authorised officer reasonably believes that the integrity of prescribed rabbit meat, ratite meat, rabbit meat products or ratite meat products cannot be ensured, the authorised officer may apply one of the following dispositions to the meat or meat products: (a) unsuitable for export as food; (b) unsuitable for export as food to a specified country.

Note 1: For example, an authorised officer may have been notified under section 5‑37 by the holder of an approved arrangement for operations to prepare prescribed rabbit meat, ratite meat, rabbit meat products or ratite meat products for export that the integrity of the meat or meat products cannot be ensured.

Note 2: An authorised officer may also give a direction to the holder of the approved arrangement under subsection 305(1) of the Act. See, in particular, paragraph (c) of column 2 of item 3 of the table in that subsection.

(2) Without limiting the grounds on which an authorised officer may reasonably believe the integrity of prescribed rabbit meat, ratite meat, rabbit meat products or ratite meat products covered by an approved arrangement cannot be ensured, an authorised officer may form this belief if any of the following circumstances exists: (a) a trade description has been applied to the meat or meat products and the trade description: (i) does not comply with section 8‑6 (general requirements for trade descriptions); or (ii) has been altered or interfered with in contravention of subsection 250(1) or (2) of the Act; (b) a part of a trade description that has been applied to the meat or meat products is in a language other than English and that part is inconsistent with a part of the trade description that is in English; (c) an official mark has been applied to the meat or meat products and the official mark: (i) was manufactured or supplied by a person other than a person who was permitted to manufacture or supply the official mark under section 8‑20; or (ii) was applied by a person other than a person who was permitted to apply the official mark under section 8‑22; or (iii) has been altered or interfered with (whether before or after it was applied) in contravention of section 8‑24; or (iv) does not comply with section 8‑25 (official marks must be legible and securely applied); or (v) was required to be removed or defaced under section 8‑27 and has not been removed or defaced; (vi) was applied by a person using an official marking device that the person was not permitted to possess under section 8‑34; or (vii) was applied using an official marking device that was manufactured by a person other than a person who was permitted to manufacture the official marking device under section 8‑34; or (viii) was applied using an official marking device that was supplied by a person other than a person who was permitted to supply the official marking device under section 8‑34; or (d) a mark that is a resemblance (within the meaning of Division 3 of Part 3 of Chapter 8 of this instrument) has been applied to the meat or meat products in contravention of section 8‑32; (e) a condition of the approved arrangement prescribed by a provision of any of Divisions 4 to 7 of Part 2 of Chapter 5 has not been complied with in relation to the meat or meat products in circumstances where the condition should have been complied with before the integrity of the meat or meat products was called into question.