347Exemption by chief executive

1. The chief executive may, by notice under section 405, exempt food that is to be exported from the requirements of all or any of the following:

2. adopted joint food standards or domestic food standards, in the case of food intended for export to a destination other than Australia:
3. regulations made under section 383:
4. notices made under section 405.

5. Before issuing the notice, the chief executive must—

6. be satisfied that the exemption is necessary or desirable to facilitate access to an overseas market or to overseas markets; and
7. be satisfied that, if appropriate, the risks in relation to the safety and suitability of food are managed by an applicable risk management programme or regulated control scheme under the Animal Products Act 1999 or any other applicable risk-based measure; and
8. take into account the requirements of the overseas market or overseas markets to which the food is to be exported.

9. An exemption under subsection (1)—

10. must be specific to a particular market or markets and to a particular food; and
11. may be subject to any conditions that the chief executive may specify in the notice.

12. A notice issued under section 405 in reliance on this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless the notice applies only to 1 or more named persons.