Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) After food that is required to be inspected, or inspected and analysed, has been so inspected, or inspected and analysed, an authorised officer must issue a written advice:
(a) to the owner of the food; and
(b) if the food is under customs control--to the person having possession of the food at the time;
stating:
(c) whether the whole or a part of the food dealt with in the advice is identified as failing food; and
(d) in respect of food that is so identified--how the food is to be dealt with.
(2) Without limiting subsection (1), an advice issued under this section may indicate that food identified as failing food:
(a) must be destroyed in accordance with the requirements of section 20; or
(b) must either be destroyed or re - exported from Australia in accordance with the requirements of that section; or
(c) must, if not treated by the owner in accordance with the requirements of that section:
(i) be destroyed; or
(ii) be destroyed or re - exported from Australia;
in accordance with the requirements of that section.
(3) Despite subsections (1) and (2), the owner of food identified in an advice under subsection (1) as failing food may, in the circumstances specified in the Food Inspection Scheme, apply, in writing, to an authorised officer for the issue of a further imported food inspection advice in respect of a part of that food.
(4) Neither:
(a) the fact that food identified as failing food under an imported food inspection advice may be the subject of an application for a further such advice; nor
(b) the making of an application for a further such advice in respect of the food;
causes the food to cease to be failing food on the basis of the original advice but, if the original advice indicates that the food must be treated, destroyed or re - exported, the food is not required to be so treated, destroyed or re - exported unless:
(c) the circumstances permitting the application for the further advice cease to exist; or
(d) an application is made and rejected.
(5) If the owner of food identified in an advice as failing food makes an application for the issue of a further imported food inspection advice in respect of a part of the food, the person must, if the food to which the application relates is under customs control, inform the person having possession of the food that he or she had made that application.
(6) If an application is made under subsection (3), an authorised officer must:
(a) if he or she is not satisfied that the application is made in accordance with the requirements of the Food Inspection Scheme--reject the application and give notice to the applicant of that rejection and of the reasons for the rejection; and
(b) in any other case--consider the application and issue to the applicant a further imported food inspection advice in respect of the food the subject of the application.
(7) If, under subsection (6), an authorised officer is required to inform an applicant either of the rejection of an application or to issue to the applicant a further imported food inspection advice in respect of food that is under customs control, the authorised officer must inform the person having possession of the food of the rejection of the application or of the particulars of the further advice, as the case requires.
(8) If a further advice is issued in respect of the food the subject of an application, this Act has effect as if:
(a) that further advice were substituted for the initial advice issued in respect of that food under subsection (1); and
(b) subsection (3) were not included.
(9) A failure by an authorised officer to comply with the requirements of subsection (7) in relation to an application for a further imported food inspection advice does not invalidate the rejection of that application or the issue of that further advice, as the case requires.