their identifying information:

details of the activities for which approval is sought, which must be 1 or more of the following:

details of each product to which those activities relate:

a proposed organic management plan (see subpart 3):

an evaluation report of the proposed organic management plan that was completed no earlier than 6 months before the date of the application (however, see regulation 9):

a statement to the effect that the person is satisfied that, since the evaluation report was prepared, no relevant matter has arisen that would require their proposed organic management plan to be amended under regulation 28:

for each recognised entity proposed to oversee the person’s activities as an operator,—

if the person seeks to be approved as an operator to export a product, the overseas markets they are proposing to export to:

if the production of a product to which the application relates requires a conversion period,—

whether the person has been convicted of a specified offence and, if so, details of the conviction:

if the person is a body corporate, whether a director or manager of the body corporate has been convicted of a specified offence and, if so, details of the conviction.

there must be at least 3 members in the group (see regulation 12):

the person must,—

the person must, jointly with all other persons seeking to be in the new group, provide the following information in their application:

the information referred to in regulation 5(1)(a) to (k):

if the person is seeking approval to be subject to internal verification, a statement from the proposed group manager that they are satisfied that the person meets the eligibility requirements in Schedule 2.

their identifying information:

any unique identifier assigned to them by the relevant chief executive:

if the person is seeking approval to be subject to internal verification, a statement from the proposed group manager that they are satisfied that the person meets the eligibility requirements in Schedule 2.

there must be at least 3 members in the group (see regulation 12):

the person must,—

the information referred to in regulation 5(1)(a) to (k):

written approval from the group manager of the existing group for the person to join that group:

if the person is seeking approval to be subject to internal verification, a statement from the group manager that they are satisfied that the person meets the eligibility requirements in Schedule 2.

their identifying information:

any unique identifier assigned to them by the relevant chief executive:

written approval from the group manager of the existing group for the person to join that group:

if the person is seeking approval to be subject to internal verification, a statement from the group manager that they are satisfied the person meets the eligibility requirements in Schedule 2.

be prepared by an evaluator (however, see subclause (3)); and

confirm whether the evaluator is satisfied that the plan meets the requirements in subpart 3 of Part 1; and

set out any conditions that the evaluator who completed the report recommends be imposed on the applicant’s approval as an operator; and

confirm an evaluator carried out an on-site assessment for each site within operation boundaries (however, see clause 2 of Schedule 1); and

specify—

a statement that the evaluator who completed the report is satisfied that the conversion period has been completed; or

if the conversion period has not yet been completed, a statement from the evaluator—

an evaluator who is the operator to whom the plan will apply:

an evaluator who is the group manager, or proposed group manager, of a group that includes the operator to whom the plan will apply:

an evaluator who was otherwise involved in the development of the plan.

the operator’s verifier or verifying agency—

if the operator has their plan re-evaluated (for any reason, including an amendment to the plan), the evaluator for that re-evaluation.

may specify a template for organic management plans; and

may specify different templates for different production methods, products, or classes of products.

be prepared by an evaluator (however, see subclause (2)); and

confirm whether the evaluator is satisfied that—

specify—

an evaluator who is an operator to whom the plan will apply:

an evaluator who is the group manager, or proposed group manager, of the group to whom the plan will apply:

an evaluator who was otherwise involved in the development of the plan.

whether the person has or will have adequate systems in place to ensure that they can comply with their duties under section 23 of the Act:

whether the person has been convicted of a specified offence:

any evidence that the relevant chief executive is satisfied shows that the person has breached section 23 of the Act:

if the person is a body corporate,—

an application by a person to whom regulation 6(1)(b)(i) or 7(1)(b)(i) applies to be approved as one of a group of operators; or

an application by an operator to whom regulation 6(1)(b)(ii) or 7(1)(b)(ii) applies to impose a condition that would make them one of a group of operators.

the person meets the eligibility requirements set out in Schedule 2; and

the group will contain 2 or more operators approved to be subject to internal verification.

the person; and

each recognised entity responsible for overseeing the operator; and

if the person is approved as one of a group of operators, the group manager of that group.

the date the approval commences; and

the date the approval expires (if it is of a fixed duration); and

any conditions on the approval; and

the chief executive’s reasons for imposing any conditions.

the operator’s organic management plan; and

if the person is approved as one of a group of operators, the relevant group operating plan.

notify the following persons of the proposed refusal and the reasons for it:

specify a time by which those persons may provide a response to the proposed refusal; and

consider any response received by the specified time.

the person; and

each recognised entity that would have overseen the person if the application had been approved; and

if the person sought approval as one of a group of operators, the group manager or proposed group manager.

the date on which the application was refused; and

the reasons for the refusal.

be in the form approved by the relevant chief executive; and

confirm that—

if the operator is one of a group of operators, also confirm that—

the operator; and

any recognised entity responsible for overseeing the operator; and

if the operator is one of a group of operators, the group manager of that group.

the date the renewed approval commences; and

the date the renewed approval expires (if it is for a fixed duration); and

any conditions on the approval; and

if there have been any changes to the conditions of approval, the reasons for the changes.

vary or remove a condition of their approval; or

impose a further condition on their approval (other than a condition to be a member of a group of operators).

impose a condition of approval:

vary a condition of approval:

refuse an application to renew approval:

withdraw an approval (in whole or in part).

notify the following persons of the proposed decision and the reasons for it:

specify a time by which those persons may provide a response to the proposed decision; and

consider any response received by the specified time.

impose a condition on the approval under section 20 of the Act:

vary a condition on the approval under section 21 of the Act:

refuse to renew an operator’s approval under section 27 of the Act:

withdraw an approval (in whole or in part) under section 30 of the Act.

the operator; and

any recognised entity responsible for overseeing the operator; and

if the operator is one of a group of operators, the group manager of that group.

the reasons for the decision; and

the date on which the new or varied condition takes effect, the application for renewal was refused, or the withdrawal takes effect (as the case requires).

the operator; and

any recognised entity responsible for overseeing the operator; and

if the operator is one of a group of operators, the group manager of that group.

the date on which the suspension starts; and

the duration of the suspension; and

the reasons for the suspension.

how the operator’s product will comply with the organic standard; and

how the operator will comply with the Act, secondary legislation made under it, and directions given under it.

be in writing; and

contain the information set out in Schedule 3; and

be clear enough to be readily understood by the operator and any other person who is required to use it; and

be sufficiently detailed to ensure that any person who is responsible for implementing any procedure identified in the plan will know how to implement that procedure.

apply to 1 or more products, processes, production units, activities, sites, places, or premises within the boundary or boundaries of the organic management plan; and

be a single stand-alone plan, or form part of a series of plans relating to different operators that together show how a product will comply with the organic standard.

maintain an up-to-date version of their organic management plan:

ensure that a copy of the plan is accessible to any person who is responsible for implementing any procedure, or part of any procedure, identified in the plan:

keep a copy of every document that has formed part of the plan but has since been—

ensure that the plan and any related document is available, or can be made available within 2 working days, to the following persons on request:

4 years:

the shelf life of the product to which the plan relates.

are prescribed by supplementary notice as being required for the task; or

if none are prescribed, are specified in the organic management plan.

key tasks relating to the plan; and

any competencies or skills required of the person responsible for any key task.

when, and how often, the operator will review the plan; and

details of actions the operator will take if the plan does not meet the requirements of this subpart.

means that the plan is no longer appropriate, or will no longer be appropriate, to the product, processes, or premises or place covered by the plan; or

introduces a new risk, or increases an existing risk, that the product will not comply with the organic standard or any relevant export requirements; or

otherwise affects, or is likely to affect,—

an alteration to the premises or place, facilities, or equipment that may adversely affect whether the product will comply with the organic standard or any relevant export requirements:

the relocation of a processing or production operation to a new physical address (except where this is already provided for in the plan):

the establishment of a new process or production operation, or modification of an existing process or production operation, that is not covered by the plan, that introduces a new risk, or increases an existing risk, that the product will not comply with the organic standard or any relevant export requirements:

the addition of a new market for export, if the operator’s product is subject to relevant export requirements:

the addition of a new product to the organic management plan, if the addition of that new product means that the existing plan will no longer be appropriate for the product, processes, or premises or place covered by the plan:

a change or addition to premises or a place that affects the operation boundaries of the plan:

the operator proposing to merge the plan with 1 or more other documents showing how a product will comply with the organic standard:

the operator proposing to split the plan into 2 or more documents showing how a product will comply with the organic standard:

if the operator is a company, a change in the directors of the company:

a change in the person responsible for the day-to-day management of the plan.

be made in writing in a manner approved by the relevant chief executive; and

be accompanied by—

without unnecessary delay; and

if the operator knows of the change, event, or other matter in advance, before it occurs.

information that is relevant to the proposal to amend an organic management plan; and

detailed requirements relating to that information.

notify the operator in writing; and

specify when and, if necessary, how the amendment takes effect; and

give the operator’s verifier or verifying agency a copy of the amendment (or, where appropriate, the relevant part of the plan that incorporates the amendment).

a notice that clearly sets out the reasons for their intended decision; and

a reasonable opportunity to make written submissions or be heard in respect of the matter.

notify the operator in writing of their decision as soon as practicable; and

give reasons for the decision.

in relation to an amendment that relates to a future change, event, or other matter, on the date or occasion specified by the relevant chief executive under subclause (2)(b); or

in relation to any other kind of amendment approved under this regulation, on the date specified in the organic management plan.

without unreasonable delay; and

in writing in a manner approved by the relevant chief executive.

the date on which the operator notifies the chief executive that the organic management plan (as amended) has been adopted:

the date specified in the plan.

anything within the operation boundaries is used for purposes or by persons not covered by the organic management plan, and the plan has not adequately considered or managed risks relating to that use; or

the operator is concerned, or is aware of a concern, that—

there has been a critical non-compliance by the operator; or

the operator no longer considers the plan to be effective; or

the premises identified as being used by the plan are not, or are no longer, suitable for use.

the identifying information of each member of the group:

the name and contact details of the group manager:

the name of all recognised entities responsible for overseeing the activities of the operators in the group:

if any key tasks relating to the group are prescribed by supplementary notice,—

ensuring that the group operating plan is working effectively:

amending the group operating plan:

managing risks to the group in relation to organic products and production, including managing the risks of non-compliance with the organic standard and addressing any non-compliance that does occur:

meeting the record-keeping requirements in section 59 of the Act and subpart 3 of Part 4 of these regulations:

meeting any applicable obligations under the Act, secondary legislation made under it, or directions given under it to report to—

meeting the internal verification requirements in regulation 103, including—

whether and how group members are to report to each other:

conflicts of interest:

confidential information:

disputes between members:

removing and replacing the group manager:

authorising the group manager to consent to new members joining the group:

removing members from the group.

key tasks relating to the plan; and

any competencies or skills required of a person responsible for any key task.

the date it was prepared or last updated; and

the date it was last reviewed by an evaluator; and

a version number; and

if required by supplementary notice, a unique identifier for the plan.

it must contain a list of all documents that make up the plan; and

each document must contain the information required by subclause (1).

means that the plan is no longer appropriate, or will no longer be appropriate, to the group covered by the plan; or

introduces a new risk, or increases an existing risk, that the product of any member of the group will not comply with the organic standard; or

otherwise affects, or is likely to affect,—

the group manager changes; or

the membership of the group changes.

be made in writing in a manner approved by the relevant chief executive; and

be accompanied by—

must comply with regulation 10; but

only needs to relate to the proposed amendments.

without unnecessary delay; and

if the manager knows of the change, event, or other matter in advance, before it occurs.

information that is relevant to the proposal to amend a group operating plan; and

detailed requirements relating to that information.

notify the group manager in writing; and

specify when and, if necessary, how the amendment takes effect; and

give the group’s verifier or verifying agency a copy of the amendment (or, where appropriate, the relevant part of the plan that incorporates the amendment).

a notice that clearly sets out the reasons for their intended decision; and

a reasonable opportunity to make written submissions or be heard in respect of the matter.

notify the group manager in writing of their decision as soon as practicable; and

give reasons for the decision.

in relation to an amendment that relates to a future change, event, or other matter, on the date or occasion specified by the relevant chief executive under subclause (2)(b); or

in relation to any other kind of amendment approved under this regulation, on the date specified in the group operating plan.

notify the group manager in writing; and

notify the relevant chief executive under section 28 of the Act that they surrender their approval.

they applied to join the group in accordance with regulation 6(1)(b)(ii) or 7(1)(b)(ii) (that is, they were approved as an operator before they joined the group); and

they apply to the chief executive, and the chief executive agrees, to remove the condition that requires them to remain a member of that group.

tracing the operator’s products; and

recalling the operator’s products.

enable the operator to identify—

be designed to enable a product to efficiently be recalled.

include criteria to be applied by the operator when deciding whether to recall any of the operator’s products that do not, or no longer, comply with the relevant organic standard; and

set out how the operator will manage retrieval and reprocessing or disposal of any recalled product.

that they have decided to recall the products:

particulars of the products:

the reason for the recall.

within 3 years (or any other time period prescribed in a supplementary notice) after the date they are first approved as an operator; and

within 3 years (or any other time period prescribed in a supplementary notice) after the most recent simulated or genuine recall that was effective.

the proportion of the operator’s products that were successfully recalled or simulated to be successfully recalled is at least the proportion prescribed by supplementary notice; and

the time taken (or simulated) to recall those products does not exceed the time prescribed by or determined under a supplementary notice.

reviewing and updating its tracing and recall procedures:

carrying out a further simulated recall.

the proportion referred to in subclause (2)(a); and

the time referred to in subclause (2)(b) or how that time must be determined; and

how the simulations must be performed.

carrying out verification (see the definition of verifier in section 6 of the Act):

evaluating organic management plans, group operating plans, and amendments to those plans (see the definition of evaluator in regulation 3(1)):

managing groups of operators (see the definition of group manager in regulation 3(1)):

carrying out sampling (see the definition of sampler in regulation 3(1)):

any other function or duty that regulations under the Act specify must be carried out by a recognised entity.

be carried out in accordance with any requirements in a supplementary notice; and

include an assessment of whether the person has any competencies prescribed (by supplementary notice under regulation 50) for those functions or duties.

who must conduct the assessment and prepare the report; and

when and how the assessment is to be carried out; and

the form and content of the report.

the person’s identifying information:

details of the functions and duties for which recognition is sought:

evidence of either or both of the following:

evidence that the person is able to comply with that quality management system or those operating procedures, or both (as the case may be):

evidence that the person is able to comply with the duties in section 42 of the Act:

the name of the individual or individuals responsible for ensuring compliance with—

whether the person has been convicted of a specified offence and, if so, details of the conviction:

if the person is a body corporate, whether a director or manager of the body corporate has been convicted of a specified offence and, if so, details of the conviction:

the report of any competency assessment required by regulation 51.

the person’s ability to comply with the duties in—

whether the person has been convicted of a specified offence:

any evidence that the chief executive is satisfied shows that the person has breached a duty in section 42 of the Act:

if the person is a body corporate,—

the report of any competency assessment required by regulation 51.

the person’s identifying information:

details of the specified functions and duties for which recognition is sought:

whether the person seeks recognition as an independent recognised person or managed recognised person:

evidence—

evidence that demonstrates the person has knowledge and understanding of the regulatory requirements that apply to recognised persons, including the role of the relevant chief executive and organic products officers:

evidence that demonstrates the person has knowledge and understanding of the specified functions and duties for which recognition is sought:

whether the person has been convicted of a specified offence and, if so, details of the conviction:

the report of any competency assessment required by regulation 51.

evidence of either or both of the following:

evidence that the person is able to comply with that quality management system or those operating procedures (as the case may be).

the name of the relevant recognised agency; and

evidence of whether the person has training or experience in following the relevant recognised agency’s quality management system or standard operating procedures (as the case may be).

whether the person has a qualification or competency—

whether the person will have adequate systems in place to comply with the duties in section 42(1) of the Act:

whether the person has knowledge and understanding of the regulatory requirements that apply to recognised persons, including the role of the relevant chief executive and organic products officers:

whether the person has knowledge and understanding of the specified functions and duties for which they seek recognition:

whether the person has been convicted of a specified offence:

any evidence the chief executive is satisfied shows that the person committed repeated breaches, or a serious breach, of the duties in section 42 of the Act:

the report of any competency assessment required by regulation 51.

the person’s identifying information:

evidence of the matters in section 33(2)(a) or (b) of the Act:

details of the functions and duties that the person is seeking the class be recognised for:

the name and contact details of each member in the class:

details of the matters in regulation 57(b) and (c).

the degree to which members of the class share common characteristics:

whether the class is supervised or regulated by a professional or regulatory body:

whether the class is subject to a code of ethics or similar professional standards to which members must adhere:

whether the members of the class, as a whole, are likely to—

refuse a person’s application to be a recognised agency:

refuse a person’s application to be a recognised person:

refuse a person’s application to recognise a class of persons.

notify the person who made the application of the proposed refusal and the reasons for it; and

specify a time by which they may provide a response to the proposed refusal; and

consider any response received by the specified time.

do either or both of the following:

continue to comply with that quality management system or those operating procedures (as the case may be); and

undergo—

comply with any applicable professional development requirements under regulation 66.

undergo—

comply with any applicable professional development requirements under regulation 66.

a recognised agency:

an independent recognised person:

a person applying to be a recognised agency or an independent recognised person.

the specified functions or duties for which accreditation is required; and

the applicable accreditation standard that applies to a function or duty; and

requirements for who may act as an accreditation body.

how the agency or person is to carry out its specified functions and duties:

maintaining an appropriate degree of independence and impartiality:

managing confidential information:

managing conflicts of interests:

managing contractual relationships:

managing complaints and disputes:

maintaining competencies:

meeting the reporting requirements set out in subpart 3 and any directions given under the Act:

meeting the record-keeping requirements set out in section 59 of the Act and subpart 3 of Part 4 of these regulations:

identifying, reviewing, and rectifying any non-compliance within the agency or by the person:

in the case of a recognised agency,—

reviewing and, if necessary, updating the procedures required by paragraphs (a) to (k).

quality standards and other detailed requirements for the procedures required by this regulation; and

detailed requirements for the purposes of subclause (2).

the matters that must be included in operating procedures under regulation 62:

monitoring and reviewing—

reviewing and, if necessary, updating the procedures required by paragraph (b).

for a recognised person that is recognised only as a group manager; or

for any other person in the circumstances specified in a supplementary notice.

be carried out in accordance with any requirements in a supplementary notice; and

include an assessment of whether the person has any competencies prescribed (by supplementary notice under regulation 50) for those functions or duties.

who must conduct the assessment and prepare the report; and

when and how the assessment is to be carried out; and

any circumstances in which a competency assessment is not required; and

the form and content of the report on the assessment; and

providing a copy of the report to the relevant chief executive.

who must conduct the assessment and prepare the report; and

when and how the assessment is to be carried out; and

any circumstances in which a competency assessment is not required; and

the form and content of the report on the assessment; and

providing a copy of the report to the relevant chief executive.

may be made to the relevant chief executive at any time before recognition expires; and

must contain the information required by regulation 68; and

must be made in the form approved by the chief executive.

the information required by regulation 52(1)(a) to (h) and (2); and

the agency’s most recent competency assessment report.

the information required by regulation 54(1)(a) to (g), (2), and (4); and

the person’s most recent competency assessment report (if any); and

evidence of whether the person has complied with any applicable professional development requirements under regulation 66.

that information has not changed since the agency or person supplied it in its application for recognition; and

the application for renewal includes a statement to that effect.

the matters in regulation 53(a) to (d); and

the agency’s most recent competency assessment report.

the matters in regulation 55(1)(a) to (f), (2), and (4); and

the person’s most recent competency assessment report (if any); and

whether the person has complied with any applicable professional development requirements under regulation 66.

notify the recognised entity of the proposed refusal and the reasons for it; and

specify a time by which the entity may provide a response to the proposed decision; and

consider any response received by the specified time.

notify the agency or person of the decision and the reasons for it; and

if the refusal relates to a managed recognised person, also notify the recognised agency that manages, employs, or engages that person of the decision and the reasons for it.

the date that the suspension begins; and

any conditions or further conditions imposed under section 48(2)(a) of the Act; and

any corrective actions required under section 48(2)(b) of the Act.

impose or vary a condition of recognition:

withdraw recognition (in whole or in part).

notify the recognised entity of the proposed decision and the reasons for it; and

specify a time by which the recognised entity may provide a response to the proposed decision, which must provide the entity with a reasonable opportunity to respond and have their response considered; and

consider any response received by the specified time.

the decision and the reason for it; and

the date the new or varied condition takes effect.

the decision and the reason for it; and

the date the withdrawal takes effect.

must be made as soon as practicable after the relevant person is prevented from carrying out their specified functions or duties; and

must include any actions that the person making the report recommends that the chief executive take.

the operator’s product:

a product described as organic that is subject to relevant export requirements:

the operator’s organic management plan:

the services of any relevant service provider:

if the operator is approved as one of a group of operators, the group operating plan:

the operator’s compliance with the Act, secondary legislation made under it, and directions given under it.

the matters that a verifier or verifying agency must consider when carrying out a verification of the matters specified in subclause (1); and

the manner in which verification must be carried out.

unless the operator is subject to internal verification (see regulations 85 and 103); or

unless regulation 86 applies to the operator; or

except as modified by regulation 92 in relation to verification carried out under that regulation.

for an operator at step 1, to step 2:

for an operator at step 2, to step 3:

for an operator at step 3, to step 4.

may increase the frequency of verification to a step that they consider appropriate; and

before doing so, must take into account—

within 5 years of an initial verification; and

every 5 years after that.

to export a product described as organic:

to sell or market a product described as organic and that is compliant with the relevant export requirements.

the date that is 6 months after they are approved as an operator; or

the date that the operator first exports a product described as organic.

the next subsequent verification must begin within 6 months; and

the frequency of verification is every 6 months until 2 consecutive verifications result in an acceptable outcome.

it is likely that the operator’s product will not comply with the organic standard or any relevant export requirements:

there has been a critical non-compliance by the operator:

the operator’s repeated or ongoing non-compliance with the Act, secondary legislation made under it, or directions given under it:

the relevant chief executive considers that the verification frequency is not appropriate due to the nature of the operator’s overall business operations:

the relevant chief executive lacks confidence that the product will continue to comply with the organic standard or any relevant export requirements on the basis of information provided as part of an operator’s application for approval.

an operator in the group is approved to export a product described as organic:

an operator in the group is approved to sell or market a product described as organic and that is compliant with relevant export requirements:

an operator in the group is engaged in parallel production or split production (within the meaning of regulation 3(1)):

the nature of the business operations of an operator in the group increases the risk that the operator’s product will fail to comply with the organic standard.

it is likely that the operator’s product does not comply with the organic standard or any relevant export requirements:

if the operator’s product is, or is intermixed or processed with, a product or a class of product imported from an overseas organic products regime and described as organic, the imported product may not comply with—

if the operator is approved to export products described as organic, or to sell or market products described as organic and compliant with relevant export requirements, unscheduled verification is necessary to meet any overseas market access requirements specified under section 63 of the Act by notice issued under section 143(1) of the Act.

changes to the labelling of the product that affect whether the product is described as organic:

any information that the chief executive considers is reasonable grounds for suspecting that the operator is not complying with the Act, secondary legislation made under it, or directions given under it:

any other factors the relevant chief executive considers relevant.

must, in writing, advise the responsible verifier or verifying agency of their reasons for requiring an unscheduled verification by reference to subclauses (1) and (2); and

may specify the time frame for carrying out the verification; and

must set the minimum notice period, which must be not less than 24 hours, that the verifier or verifying agency must give to the operator of the unscheduled verification.

give notice to the operator as specified in subclause (3)(c); and

carry out a verification of the operator—

comply with any detailed requirements specified in the supplementary notice in relation to unscheduled verification.

in relation to the proportion of sites required to be verified by supplementary notice; and