Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) On receiving an application made under subsection 379B(1) to approve an alternative regulatory arrangement in relation to a kind of export operations and a kind of prescribed goods, the Secretary must decide:
(a) to approve the alternative regulatory arrangement; or
(b) to refuse to approve the alternative regulatory arrangement.
Note: An application that does not comply with the requirements referred to in subsection 379B(2) for the application is taken not to have been made (see subsection 379B(3)).
(2) The Secretary may approve the alternative regulatory arrangement in relation to the kind of export operations and the kind of prescribed goods if the Secretary is satisfied, having regard to any matter that the Secretary considers relevant, that:
(a) carrying out that kind of export operations in relation to that kind of prescribed goods in accordance with the alternative regulatory arrangement will:
(i) achieve the same purpose as a requirement of this Act, or an industry standard or practice, that applies in relation to that kind of export operations and that kind of goods; and
(ii) ensure the integrity of that kind of goods; and
(iii) ensure that importing country requirements relating to that kind of export operations and that kind of goods will be met; and
(b) any other requirement prescribed by the rules is met.
Note: A variation of an approved arrangement may be needed to implement an alternative regulatory arrangement that has been approved under paragraph (1)(a). See Subdivision B of Division 1 of Part 4 of Chapter 5.
Notice of decision
(3) The Secretary must notify the applicant, in writing, of the Secretary's decision. If the decision is a refusal, the notice must include the reasons for the decision.