9‑4 Notice of non‑compliance with requir9‑4 Notice of non‑compliance with requirements

9‑4 Notice of non‑compliance with requirements

(1) If the result of an audit of export operations under subsection 266(1) of the Act is that, in the auditor’s opinion, there is, or there has been, a failure (or a combination of failures) that amounts to a non‑compliance with a requirement to which the audit relates, the auditor must: (a) immediately after completing the audit, notify, in writing, the relevant person for the audit of the auditor’s opinion; and (b) assess whether the failure (or combination of failures) is a critical non‑compliance.

Note 1: An auditor is an authorised officer or an approved auditor (see the definition of auditor in section 12 of the Act).

Note 2: For the person who is the relevant person for an audit, see section 269 of the Act.

(2) If, in the auditor’s opinion, the failure (or combination of failures) is a critical non‑compliance, the auditor must notify the Secretary, in writing, of that opinion immediately after forming it. (3) For the purposes of this section and section 9‑5 (audit reports), a failure (or a combination of failures) to comply with a requirement to which an audit relates is a critical non‑compliance if the failure (or combination of failures): (a) results in, or is likely to result in, the export, or the preparation for export, of wild game meat or wild game meat products as food, the integrity of which cannot be ensured; or (b) results in, or is likely to result in, the export, or the preparation for export, of wild game meat or wild game meat products as food that: (i) are not wholesome; or (ii) are not traceable; or (iii) are derived from wild game animals that were not treated humanely during harvesting; or (iv) cannot be recalled if required; or (v) do not meet an importing country requirement relating to the wild game meat or wild game meat products; or (c) prevents, or is likely to prevent, an accurate assessment of whether the integrity of wild game meat or wild game meat products exported, or prepared for export, as food can be ensured; or (d) prevents, or is likely to prevent, an accurate assessment of whether wild game meat or wild game meat products exported, or prepared for export, as food: (i) are wholesome; or (ii) are traceable and can be recalled if required; or (iii) are derived from wild game animals that were treated humanely during harvesting; or (iv) meet an importing country requirement relating to the wild game meat or wild game meat products.

Note: For requirements in relation to the humane treatment of wild game animals during harvesting, see clauses 7.1 and 7.2 of the Australian Wild Game Meat Standard.