Animal Products Act 1999 No 93 (as at 07 July 2010), Public Act

27 Suspension of operations under registered programme
  • (1) The Director-General may at any time suspend any or all operations under a registered risk management programme for a period of up to 3 months if the Director-General has reasonable grounds to believe that the risk management programme may not be or is no longer effective, or that the animal product produced under the risk management programme does not meet or no longer meets the requirements of this Act.

    (2) The Director-General may impose conditions and requirements in respect of the implementation and operation of a suspension under this section.

    (3) Where the Director-General suspends all or any operations under a risk management programme, he or she must give written notice of that fact to the operator of the programme, specifying—

    • (a) the reason for the suspension; and

    • (b) the period of the suspension; and

    • (c) the date on which or time at which it commences (which may not be earlier than the date or time of notification); and

    • (d) the operations to which the suspension applies; and

    • (e) any conditions or requirements in relation to the suspension.

    (4) If the Director-General considers it necessary in the circumstances, and after having notified the operator of the proposed extension and the reasons for it and having given the operator a reasonable opportunity to be heard, the period of suspension may be extended for such further period not exceeding 3 months as the Director-General notifies to the operator in writing before the expiry of the original suspension.

    (5) The Director-General must notify the appropriate recognised risk management programme verifying agency of any suspension under this section.

    (6) The Director-General may notify any suspension under this section in the Gazette.

    (7) A suspension under this section does not affect any other actions that the Director-General may take under this Act.

    (8) Where operations are suspended under this section, the Director-General may direct the operator or person in charge to take action appropriate to deal with any affected animal material or product and exercise any of his or her other powers under section 82.

    (9) If a person acting under the delegated authority of the Director-General suspends any operations under this section, the operator of the risk management programme or of the animal product business concerned may seek a review of the suspension under section 162.

    Section 27(5): amended, on 26 September 2002, by section 5(10) of the Animal Products Amendment Act 2002 (2002 No 29).