4‑32 Variation by Secretary of allocatio4‑32 Variation by Secretary of allocation of meat inspection services

4‑32 Variation by Secretary of allocation of meat inspection services

(1) This section applies if: (a) there is a change (a relevant change) to any of the following matters: (i) the overall requirements of the industry for meat inspection services; (ii) Australia’s international obligations in relation to the export of prescribed wild game meat or wild game meat products; (iii) any staffing formula agreed to by the Department and the relevant union or unions of Commonwealth authorised officers; (iv) the availability of Commonwealth authorised officers to carry out meat inspection services; (v) the management practices in relation to meat inspection services of a particular registered establishment; (vi) the need to protect the health and safety of Commonwealth authorised officers while they are performing functions or exercising powers under the Act in or at a registered establishment; (vii) the construction of a particular registered establishment where meat inspection services are carried out; (viii) the operations of a particular registered establishment where meat inspection services are carried out; (ix) an importing country requirement for a Commonwealth authorised officer to be present at an establishment where meat inspection services are carried out; or (aa) there is no importing country requirement for a Commonwealth authorised officer to be present at a particular registered establishment where meat inspection services are carried out; or (b) an audit report under section 9‑5 includes a recommendation that the allocation of meat inspection services to a particular registered establishment where meat inspection services are carried out be varied for a specified period of time. (2) The Secretary may vary the allocation of meat inspection services to registered establishments affected by a relevant change or to a registered establishment referred to in paragraph (1)(aa) or (b). (3) If the Secretary varies the allocation of meat inspection services to a registered establishment under this section, the Secretary must notify the occupier of the registered establishment, in writing, of: (a) the varied allocation of meat inspection services to the establishment; and (b) if the establishment is a registered establishment referred to in paragraph (1)(b)—the date the varied allocation ceases to have effect.

Note: The Secretary may direct that meat inspection services not be carried out at a registered establishment if a cost‑recovery charge in relation to meat inspection services provided at the establishment remains unpaid after becoming due and payable (see section 406 of the Act).

Reconsideration of varied allocation (4) If: (a) the occupier of a registered establishment is notified of a varied allocation of meat inspection services under subsection (3); and (b) the occupier does not agree with the varied allocation; the occupier may apply to the Secretary, in writing, for reconsideration of the varied allocation. (5) On receiving an application from the occupier of a registered establishment under subsection (4), the Secretary must enter into negotiations with the occupier in relation to the varied allocation. (6) If, at the completion of negotiations under subsection (5), the occupier of the registered establishment and the Secretary cannot reach agreement: (a) the Secretary must seek to reach agreement with a representative (the occupier’s representative) of the relevant industry organisation nominated by the occupier; and (b) if the Secretary cannot reach agreement with the occupier’s representative—the Secretary must, having considered the views put to the Secretary by the occupier and the occupier’s representative and the matters referred to in paragraph (1)(a), determine a new allocation of meat inspection services to the registered 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 paragraph (7)(b) of this section must also include the reasons for the decision (see subsection 382(1) of the Act).

(7) If the Secretary determines a new allocation of meat inspection services to a registered establishment under paragraph (6)(b): (a) the varied allocation to the registered establishment made under subsection (2) ceases to have effect; and (b) the Secretary must, as soon as practicable and not later than 45 days after the day the application for reconsideration of the varied allocation was received, give the occupier of the registered establishment a written notice stating: (i) that a new allocation of meat inspection services to the registered establishment has been determined; and (ii) the new allocation of meat inspection services to the registered establishment.