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If you are affected by an initial decision under the Imported Food Control Act 1992 you can ask for a reconsideration of that decision. Initial decisions are decisions prescribed under subsection 42(2) of the Imported Food Control Act 1992.
A reconsideration can only be requested for the initial decisions listed under subsection 42(2) as shown in table 1 below. Other matters are not subject to review under section 42.
Note: The department encourages importers to contact the Food Safety Manager at IFIS-InspectionSupport@agriculture.gov.au to discuss concerns about an initial decision made in relation to an imported food prior to initiating a section 42 application. The Food Safety Manager will reply to your email within 10 business days.
It is your responsibility to read the relevant parts of the legislation to understand your rights in requesting reconsideration of a decision.
Table 1 Initial decisions that can be reconsidered under section 42 of the Imported Food Control Act 1992
|Scenario||Initial decisions that can be reconsidered under the Imported Food Control Act 1992|
|Food is subject to inspection and/or analysis||a decision under section 12 to issue a food control certificate that states that the food to which the certificate relates is required to be inspected, or inspected and analysed|
|You are issued with an imported food inspection advice stating that the food has failed inspection and/or analysis||a decision under subsection 14(1) to issue an imported food inspection advice identifying food (other than food that is or may be the subject of an application for a further imported food advice) as failing food and specifying the manner of dealing with that food|
|You have applied for a further imported food inspection advice in respect to the same part of that food and your application is rejected ||a decision under subsection 14(6) refusing an application for a further imported food inspection advice|
|You applied for a further imported food inspection advice for a different part of the failing food. The food was subject to a further inspection and/or analysis and failed. ||a decision under subsection 14(6) to issue a further imported food inspection advice identifying food as failing food and specifying the manner of dealing with that food|
|Revoke the approval of an overseas food processing operation||a decision made by the Secretary to revoke a determination under subsection 19(3)|
|Food Control Certificate will not be issued until a previous consignment has been treated, destroyed or re-exported||a decision by the Secretary under subsection 20(13) to direct that food control certificates should not be issued to a person who has failed to comply with a notice under subsection 20(2), (3) or (4)|
|Food Control Certificate or Imported Food Inspection Advice will not be issued until outstanding fees are paid||a decision by the Secretary under subsection 36(8) to direct that documentation not be issued in respect of food imported by a person who has failed to pay fees to the Commonwealth|
|Claim for compensation for destroyed food is not approved||a decision of the Secretary under subsection 39(1)|
Application for reconsideration by the Secretary under section 42 of the Imported Food Control Act 1992
Your written application must:
- be given to the Secretary within 28 days from the date you first receive notice of the initial decision;
- clearly identify the initial decision you are asking the Secretary to reconsider under section 42 of the Imported Food Control Act 1992. Please make specific reference to one or more of the initial decisions listed in subsection 42(2).
You will be sent written notice of the Secretary’s decision, and the reasons for that decision, within 28 days from the date the Secretary receives your application.
Submit your application to the Director, Imported Food by:
Email: Imported Food Enquiries
Director, Imported Food
Department of Agriculture and Water Resources
GPO Box 858
Canberra ACT 2601
Application to the Administrative Appeals Tribunal (AAT)
If your interests are affected by the Secretary’s decision following reconsideration of the initial decision, you may apply to the AAT for a review of the Secretary’s decision. This review can only take place after the Secretary has reconsidered the initial decision.