35ACompliance agreements

#### 35A Compliance agreements (1) The Secretary may, on behalf of the Commonwealth, enter into an agreement (a compliance agreement) with a person in connection with: (a) the application of particular procedures in respect of food that may be imported into Australia in accordance with the agreement; and (b) the keeping of records by the person in respect of the person’s compliance with those procedures; and (c) the supervision, monitoring and testing of the person’s compliance with those procedures. (2) The terms of a compliance agreement must be in accordance with this section and the regulations. (3) A compliance agreement may provide that, in circumstances stated in the agreement, the Secretary may, by written notice given to a party to the agreement other than the Commonwealth, cancel or vary the agreement or suspend its operation for a period, or until the happening of an event, stated in the notice. (4) An authorised officer may notify a party to a compliance agreement other than the Commonwealth in writing of procedures to which the agreement is to extend in addition to those specifically referred to in the agreement and, if such a notification is given, the agreement has effect as if those procedures were referred to in it. (5) An authorised officer may allow food to which a compliance agreement applies to be dealt with on the basis of a certificate or assurance, given by a person authorised under the agreement to give such a certificate or assurance, that all the procedures to which the agreement refers have been complied with in respect of the food. (6) A party to a compliance agreement other than the Commonwealth commits an offence if: (a) that party fails to ensure that a requirement imposed on that party under the agreement in respect of a matter referred to in paragraph (1)(a) or (c) is complied with; and (b) the failure caused a significant risk to public health. Penalty: Imprisonment for 10 years. (7) A party to a compliance agreement other than the Commonwealth commits an offence if that party fails to ensure that a requirement imposed on that party under the agreement in respect of a matter referred to in paragraph (1)(a) or (c) is complied with. Penalty: 200 penalty units. (8) A party to a compliance agreement other than the Commonwealth commits an offence if that party fails to ensure that a requirement imposed on that party under the agreement in respect of a matter referred to in paragraph (1)(b) is complied with. Penalty: 60 penalty units. (9) An offence against subsection (8) is an offence of strict liability. (10) In this section: > procedures, in respect of food, includes any dealings with food and also includes the inspection and testing (including the incidence of inspection and testing), analysis and treatment of food.