Federal Register of Legislation - Australian Government

Primary content

Orders/Other as made
This order amends the Export Control (Plants and Plant Products) Order 2011 to better reflect current operational practices.
Administered by: Agriculture
Made 16 Apr 2014
Registered 23 Apr 2014
Tabled HR 13 May 2014
Tabled Senate 14 May 2014
Date of repeal 02 May 2014
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003
Table of contents.

Description: Commonwealth Coat of Arms

 

Export Control (Plants and Plant Products) Amendment (2014 Measures No. 1) Order 2014

I, Barnaby Joyce, Minister for Agriculture, make the following order under the Export Control (Orders) Regulations 1982.

Dated   16 April 2014

Barnaby Joyce

Minister for Agriculture

 

  

  


Contents

1............ Name of order............................................................................................................... 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedule(s).................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Export Control (Plants and Plant Products) Order 2011                                                              2

 


1  Name of order

                   This order is the Export Control (Plants and Plant Products) Amendment (2014 Measures No. 1) Order 2014.

2  Commencement

                   This order commences on 1 May 2014.

3  Authority

                   This order is made under the Export Control (Orders) Regulations 1982.

4  Schedule(s)

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Export Control (Plants and Plant Products) Order 2011

1  Readers guide

Repeal the Readers guide.

2  Subsection 5.1 (definition of master)

Repeal the definition, substitute:

master, in relation to a bulk vessel, means the person who has command of, or is in charge of, the vessel.

3  Subsection 5.1

Insert:

prescribed goods for consumption means prescribed goods that may be consumed by humans or livestock with or without further processing.

4  Subsection 5.1 (definition of re‑export phytosanitary certificate)

Omit “a importing country”, substitute “an importing country”.

5  Paragraph 6.1(n)

Repeal the paragraph, substitute:

                     (n)  whole vetch—seed (whole or broken) of Vicia sativa, but not including split seed of Vicia sativa.

6  At the end of subsection 6.1

Add:

Note:          For paragraphs (l) and (n), split vetch seeds are a particular form of vetch seeds and are not the same as whole vetch seeds that have been broken (for example, in the course of harvesting or transport).

7  At the end of section 17

Add:

          17.4  In addition to subsection 17.3, the authorised officer may specify one or more additional periods during which the goods may remain passed as export compliant. An additional period must not exceed the period specified by the Secretary under subsection 17.5.

          17.5  The Secretary must determine, in writing, the length of an additional period, or additional periods, during which the goods may remain passed as export compliant. The Secretary may determine different lengths for different additional periods.

          17.6  If the authorised officer specifies one or more periods during which the goods may remain passed as export compliant, the authorised officer:

                     (a)  must specify the first additional period before the end of the period specified under paragraph 17.3(a); and

                     (b)  must specify any further additional period before the end of the last period specified by the authorised officer; and

                     (c)  must make a record of each additional period in an approved way.

8  Paragraph 18(c)

After “paragraph 17.3(a)”, insert “, or an additional period specified under subsection 17.4,”.

9  Paragraph 25.1(b)

Omit “packing”, substitute “packing.”.

10  Section 26

Omit “has given”, substitute “has issued”.

11  Subsection 27.1

Repeal the subsection, substitute:

          27.1  An authorised officer must inspect a container in accordance with Schedule 4 for the purpose of considering whether to issue a container approval.

12  Subsection 27.2

Omit “must give a written container approval”, substitute “must issue a container approval to the person intending to load prescribed goods intended for export into the container,”.

13  Sections 28 to 30

Repeal the sections, substitute:

28  Period of container approval

          28.1  A container approval is valid for 90 days after the day on which it is issued.

          28.2  In addition to subsection 28.1, the authorised officer may specify one or more additional periods during which the container approval is valid. An additional period must not exceed the period specified by the Secretary under subsection 28.3.

          28.3  The Secretary must determine, in writing, the length of an additional period, or additional periods, during which the container approval is valid. The Secretary may determine different lengths for different additional periods.

          28.4  If the authorised officer specifies one or more periods during which the container approval is valid, the authorised officer:

                     (a)  must specify the first additional period before the end of the period mentioned in subsection 28.1; and

                     (b)  must specify any further additional period before the end of the last period specified by the authorised officer; and

                     (c)  must make a record of each additional period in an approved way.

29  Cancellation of container approval

                   If an authorised officer believes that the conditions of a container have changed since the container approval was issued under subsection 27.2:

                     (a)  the authorised officer may cancel the approval; and

                     (b)  if the approval is cancelled, the authorised officer must notify:

                              (i)  the person to whom the approval was issued; and

                             (ii)  any other person to whom a paper version of the approval was given;

                            as soon as practicable after cancelling the approval, that the approval has been cancelled.

30  Surrender of container approval

                   If a container approval is cancelled, each person to whom a paper version of the approval was given must surrender:

                     (a)  the paper version; and

                     (b)  any copy of the paper version in his or her possession;

to an authorised officer as soon as practicable after being notified of the cancellation.

Level 4 penal provision

14  Section 32

Omit “The shipowner”, substitute “If a bulk vessel is intended to carry prescribed goods for consumption, the shipowner”.

15  Subsection 33.1

After “prescribed goods”, insert “for consumption”.

16  Paragraph 33.2(a)

Omit “goods”, substitute “the prescribed goods for consumption”.

17  Paragraph 33.2(b)

Omit “goods”, substitute “prescribed goods for consumption”.

18  Section 35

Omit “has been given”, substitute “has been issued”.

19  Section 36

Repeal the section, substitute:

36  Application for vessel approval

                   An application for an approval to load a bulk vessel must be in an approved form.

20  Paragraph 37.1(a)

Repeal the paragraph, substitute:

                     (a)  check whether a certificate in relation to the vessel has been issued by a marine surveyor under subsection 33.2 if it is intended to load prescribed goods for consumption into the vessel; and

21  Subsection 37.2

Omit “must give a vessel approval”, substitute “must issue a vessel approval to the person who made the application”.

22  Sections 38 to 40

Repeal the sections, substitute:

38  Period of vessel approval

          38.1  A vessel approval is valid for 28 days after the day on which it is issued.

          38.2  In addition to subsection 38.1, the authorised officer may specify one or more additional periods during which the vessel approval is valid. An additional period must not exceed the period specified by the Secretary under subsection 38.3.

          38.3  The Secretary must determine, in writing, the length of an additional period, or additional periods, during which the vessel approval is valid. The Secretary may determine different lengths for different additional periods.

          38.4  If the authorised officer specifies one or more periods during which the vessel approval is valid, the authorised officer:

                     (a)  must specify the first additional period before the end of the period mentioned in subsection 38.1; and

                     (b)  must specify any further additional period before the end of the last period specified by the authorised officer; and

                     (c)  must make a record of each additional period in an approved way.

39  Suspension of vessel approval

Suspension

          39.1  If an authorised officer believes that the conditions on a vessel have changed since a vessel approval was issued for the vessel:

                     (a)  the authorised officer may suspend the approval; and

                     (b)  if the approval is suspended, the authorised officer must notify:

                              (i)  the person to whom the approval was issued; and

                             (ii)  any other person to whom a paper version of the approval was given;

                            as soon as practicable after suspending the approval, that the approval has been suspended.

          39.2  If the vessel approval is suspended, an authorised officer may inspect the vessel.

Surrender of vessel approval

          39.3  If a vessel approval is suspended, each person to whom a paper version of the approval was given must surrender:

                     (a)  the paper version; and

                     (b)  any copy of the paper version in his or her possession;

to an authorised officer as soon as practicable after being notified of the suspension.

Level 4 penal provision

40  Revocation of suspension of vessel approval

                   If an authorised officer is satisfied that the suspension of a vessel approval is no longer justified (whether or not the authorised officer has inspected the vessel), the authorised officer:

                     (a)  must revoke the suspension as soon as practicable; and

                     (b)  must notify:

                              (i)  the person to whom the approval was issued; and

                             (ii)  any other person to whom a paper version of the approval was given;

                            as soon as practicable after revoking the suspension, that the suspension has been revoked; and

                     (c)  must return a paper version of the approval to any person who has surrendered it under subsection 39.3.

40A  Cancellation of vessel approval

                   If an authorised officer inspects a vessel for which a vessel approval has been suspended and is satisfied, having regard to the vessel’s condition, that the conditions on the vessel that have changed, as mentioned in subsection 39.1, have not been rectified, the authorised officer:

                     (a)  must cancel the vessel approval; and

                     (b)  must notify:

                              (i)  the person to whom the approval was issued; and

                             (ii)  any other person to whom a paper version of the approval was given;

                            as soon as practicable after cancelling the approval, that the approval has been cancelled.

23  Paragraph 45.5(b)

Omit “experience perform”, substitute “experience to perform”.

24  Subsection 48.2

Repeal the subsection, substitute:

          48.2  An authorised officer may alter the details of a certificate or permit that has been issued under this Order if the authorised officer is satisfied that any details mentioned in the certificate or permit have changed, otherwise than in a way that is material to the issuing of the certificate or permit.

Level 2 penal provision

25  Paragraph 1.1(b) of Schedule 1

Omit “goods”, substitute “goods for consumption”.

26  Subclause 1.2 of Schedule 1

Omit “goods”, substitute “goods for consumption”.

27  Clause 4 of Schedule 2

Repeal the clause, substitute:

4  Treatment of rejected goods

            4.1  This clause applies if prescribed goods are rejected for reasons that will respond to treatment.

            4.2  If there is an approved method of treating the goods, the goods must not be re‑presented for inspection unless they have been treated using an approved method.

            4.3  If there is no approved method of treating the goods, the goods must not be re‑presented for inspection unless they have been treated.

28  Clause 6 of Schedule 2

Omit “2.25 L”, substitute “2.25 litres”.

29  Clause 6 of Schedule 2

Omit “33.33 t”, substitute “33.33 tonnes”.

30  Subclause 12.1 of Schedule 2

Repeal the subclause, substitute:

          12.1  Subject to subclause 12.2, re‑inspection of a consignment is not required until the end of the period during which the prescribed goods are passed as export compliant.

Note:          Section 17 explains this period.

31  Clauses 13 and 14 of Schedule 2

Repeal the clauses, substitute:

13  Insect infestation

          13.1  If prescribed goods have an insect infestation, they must be treated using an approved method.

Note:          Each method will be appropriate to the prescribed goods, the insect and the degree of infestation. A particular approved method may include one or more of the following:

(a)    treatment with an insecticide;

(b)    fumigation;

(c)    use of a controlled atmosphere.

          13.2  If a method of treatment would require or permit the use of an insecticide, a fumigant or another product, the Secretary must not approve the method unless the Secretary is satisfied that:

                     (a)  the insecticide, fumigant or other product is registered for that use under a law of the Commonwealth, a State or a Territory; or

                     (b)  registration under such a law is not required.

14  Use of insecticides, fumigants and other products

          14.1  An insecticide, a fumigant or another product that is used on prescribed goods as part of an approved method under clause 13 must:

                     (a)  be used in accordance with its registered label (if a registered label is required); and

                     (b)  be acceptable to the importing country; and

                     (c)  be approved by the exporter.

          14.2  Goods that have been treated with an insecticide, a fumigant or another product as part of an approved method under clause 13 must not be presented, or re‑presented, for inspection until the whole of the approved method has been completed.

Note:          An approved method may include an airing period or another safety precaution that is to happen after the goods have been treated with the insecticide, fumigant or other product.

32  Clause 5 of Schedule 4

Repeal the clause, substitute:

5  Live insects, being Trogoderma spp., found in a container

                   If live insects, being Trogoderma spp., are found in a container:

                     (a)  the container must be rejected; and

                     (b)  an authorised officer must order the container to be treated using an approved method.

33  Subclause 4.1 of Schedule 5

Omit “the information”, substitute “all information”.

34  Subclauses 5.2 and 5.3 of Schedule 5

Repeal the subclauses, substitute:

            5.2  If the authorised officer believes that assistance or equipment is required to safely inspect an area in the hold that would otherwise be inaccessible, the master must make available:

                     (a)  sufficient crew to allow the authorised officer to inspect the area safely; and

                     (b)  all equipment that is necessary to allow the authorised officer to inspect the area safely.

35  At the end of Schedule 5

Add:

10  Live insects, being Trogoderma spp., found in a bulk vessel

                   If live insects, being Trogoderma spp., are found in a bulk vessel:

                     (a)  the bulk vessel must be rejected; and

                     (b)  an authorised officer must order the vessel to be treated using an approved method.