5‑36 Requirements that must be met for v5‑36 Requirements that must be met for variation to be approved or conditions varied

5‑36 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 wild game meat or wild game 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 Wild Game 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 wild game meat or wild game 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.