8‑28 Removal or defacement of official m8‑28 Removal or defacement of official marks

8‑28 Removal or defacement of official marks

(1) If an official mark has been applied to wild game meat or wild game meat products, the official mark must be removed or defaced if the wild game meat or wild game meat products: (a) are no longer wholesome; or (b) have deteriorated. Official marks generally (2) Without limiting subsection (1), if an official mark has been applied to a carton in which wild game meat or wild game meat products are packed, the official mark must be removed or defaced if it is no longer intended: (a) to export the wild game meat or wild game meat products; or (b) to export the wild game meat or wild game meat products in that carton. Foreign country identification official marks and European Union official marks (3) Without limiting subsection (1), if a foreign country identification official mark or a European Union official mark has been applied to wild game meat or wild game meat products, the official mark must be removed or defaced if the circumstances in which that mark may be applied to the wild game meat or wild game meat products, as specified by the relevant importing country authority, no longer exist. Persons who may remove or deface official mark (4) If an official mark has been applied to wild game meat or wild game meat products and the official mark is required to be removed or defaced under any of subsections (1) to (3), the official mark must be removed or defaced by: (a) an authorised officer or a person acting in accordance with a direction given by an authorised officer; or (b) a person designated in an approved arrangement in accordance with which the official mark was applied to the wild game meat or wild game meat products as a person who may remove or deface the official mark; or (c) a person to whom the Secretary has given a written approval to remove or deface the official mark at a specified registered establishment and in relation to specified wild game meat or wild game meat products, if the official mark is removed or defaced in accordance with the approval.

Note 1: For how a direction may be given by an authorised officer, see section 309 of the Act.

Note 2: A person may commit an offence or be liable to a civil penalty if the person engages in conduct that contravenes a provision in this Division (see section 258 of the Act).