15Surveillance food

15 Surveillance food

(1) Subject to this section, for the purposes of paragraph 16(2)(aa) of the Act, an officer of Customs must refer 5% of consignments of surveillance food for inspection, or inspection and analysis, under the Scheme. Surveillance food where emerging risk to human health (2) For the purposes of paragraph 16(2)(ab) of the Act, the Secretary may make an order that, in respect of surveillance food of a specified kind, 100% of consignments of food of that kind must be referred by an officer of Customs for inspection, or inspection and analysis, under the Scheme.

Note 1: See section 35B of the Act for how an order may refer to a kind of food.

Note 2: The Secretary may, in the order, also specify rates of inspection, or inspection and analysis, and rates of sampling that are to apply to the food referred by an officer of Customs: see subsection 21(2) of this instrument.

(3) The Secretary may make an order under subsection (2) only if the Secretary is satisfied in relation to food of that kind: (a) that there may be an emerging risk to human health; and (b) that the best available scientific evidence to the Secretary is insufficient to enable the conduct of an accurate assessment of the risk; and (c) that the risk needs to be further investigated. (4) An order under subsection (2) must specify the period during which the order is in force, which must not be more than 6 months after the day on which the order is made. (5) An order under subsection (2) ends at the earlier of the following times: (a) at the end of the period specified in the order; (b) the time when the order is revoked. (6) Before an order ends under paragraph (5)(a), the Secretary must review the appropriateness of the order. Surveillance food imported from a country with equivalent food safety system (7) For the purposes of paragraph 16(2)(ac) of the Act, the Minister may make an order that in respect of surveillance food imported from a specified country: (a) a specified percentage of consignments of all such food must be referred by an officer of Customs for inspection, or inspection and analysis, under the Scheme; or (b) a specified percentage of consignments of all such food, except food of a specified kind, must be referred by an officer of Customs for inspection, or inspection and analysis, under the Scheme; or (c) a specified percentage of consignments of food of a specified kind must be referred by an officer of Customs for inspection, or inspection and analysis, under the Scheme.

Note 1: The percentage specified in an order under subsection (7) must be less than 5% (including zero): see subsection 16(2A) of the Act.

Note 2: Subsection 16(2B) of the Act provides that the Minister may make an order in relation to a particular country only if the Minister is satisfied that there is in force an agreement between Australia and that country of the kind referred to in that subsection.