4‑28 Determination of new allocation4‑28 Determination of new allocation

4‑28 Determination of new allocation

(1) As soon as practicable after receiving a recommendation from a review committee under subsection 4‑27(4) in relation to an application for review of the allocation of meat inspection services to an establishment, the Secretary must determine a new allocation of meat inspection services to the establishment.

Note: A decision to determine a new allocation of meat inspection services to an establishment is a reviewable decision (see section 11‑1 of this instrument and Part 2 of Chapter 11 of the Act). The notice under subsection (4) of this section must also include the reasons for the decision (see subsection 382(1) of the Act).

(2) In making a determination under subsection (1), the Secretary must have regard to: (a) the review committee’s recommendation; and (b) the matters referred to in subsection 4‑22(2). (3) The Secretary’s determination under subsection (1): (a) replaces any earlier determination of the Secretary of an allocation of meat inspection services to the establishment; and (b) is taken to be a memorandum of agreed intent between the Secretary and the occupier of the establishment. Notice of new allocation (4) After determining a new allocation of meat inspection services to the establishment, the Secretary must give the occupier of the establishment a written notice stating the new allocation of meat inspection services to the establishment. (5) The notice under subsection (4) must be given to the occupier as soon as practicable and not later than 45 days after the day the relevant application for review was received by the Secretary.