§ 71 — Regulations for inspection schemes

71.—(1) The Agency, with the approval of the Minister, may make regulations establishing one or more inspection schemes applicable to any controlled item to which this Part applies —(a)

identifying controlled items of particular kinds as controlled items of a kind that if imported, exported or transhipped must be inspected, or inspected and analysed, for the purposes of this Part;

(b)

identifying controlled items of particular kinds as controlled items that if imported, exported or transhipped must be covered by a recognised foreign government certificate for the purposes of this Part; or

(c)

classifying controlled items of particular kinds into particular categories.

(2) Without limiting subsection (1), inspection scheme regulations may —(a)

prescribe conditions in relation to the import, export or transhipment of controlled items to which this Part applies, or the import from or export to a specified country of controlled items to which this Part applies, that are required to be complied with in respect of matters or things related to the controlled items themselves;

(b)

specify circumstances in which a controlled item is taken to be failing;

(c)

specify circumstances in which a controlled item is to be taken to be failing because of its relationship to another controlled item that is found to be failing;

(d)

set out the circumstances and manner in which a controlled item, other than a controlled item that is the subject of a holding order, is to be held pending the outcome of an inspection, or inspection and analysis; and

(e)

require the keeping and retention of records for a period prescribed in the regulations, where the records are relevant to a matter that is relevant to monitoring or evaluating, compliance with the requirements of this Part.

—(1) The Agency, with the approval of the Minister, may make regulations establishing one or more inspection schemes applicable to any controlled item to which this Part applies —(a)

identifying controlled items of particular kinds as controlled items of a kind that if imported, exported or transhipped must be inspected, or inspected and analysed, for the purposes of this Part;

(b)

identifying controlled items of particular kinds as controlled items that if imported, exported or transhipped must be covered by a recognised foreign government certificate for the purposes of this Part; or

(c)

classifying controlled items of particular kinds into particular categories.

(2) Without limiting subsection (1), inspection scheme regulations may —(a)

prescribe conditions in relation to the import, export or transhipment of controlled items to which this Part applies, or the import from or export to a specified country of controlled items to which this Part applies, that are required to be complied with in respect of matters or things related to the controlled items themselves;

(b)

specify circumstances in which a controlled item is taken to be failing;

(c)

specify circumstances in which a controlled item is to be taken to be failing because of its relationship to another controlled item that is found to be failing;

(d)

set out the circumstances and manner in which a controlled item, other than a controlled item that is the subject of a holding order, is to be held pending the outcome of an inspection, or inspection and analysis; and

(e)

require the keeping and retention of records for a period prescribed in the regulations, where the records are relevant to a matter that is relevant to monitoring or evaluating, compliance with the requirements of this Part.