(1)  The Chief Inspector may, by written notice given to the person who is subject to an audit under this Part, determine the frequency of audits required under section 55 taking into account the following:

(a) the minimum, maximum and average number of audits required for similar primary produce businesses;

(b) any national guidelines;

(c) the length of time that person has been undertaking the primary production activities that are the subject of the food safety program;

(d) the technical expertise of that person including the expertise of that person's employees or agents;

(e) the past audit history of that person, that person's employees or agents, and the primary produce business that person is operating;

(f) any recommendations from food safety auditors as to the frequency of audits;

(g) the past history of that person, that person's employees or agents, and the primary produce business that person is operating in relation to compliance with this Act, the Food Act 2003 and any corresponding law.

(2)  The Chief Inspector may require that all or some of the audits be unannounced and require that a food safety auditor selected by the Chief Inspector should be used for some or all of the audits.

(3)  The Chief Inspector may, by written notice, at any time vary any determination made under subsection (1) .

(4)  Any determination, or variation of a determination, by the Chief Inspector under this section must comply with the auditing requirements (if any) specified in the food safety scheme under which the food safety program is required.