Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.