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Export Control (Organic Goods) Rules 2021
In force
Administered by
Department of Agriculture, Fisheries and Forestry
This item is authorised by the following titles:
Export Control (Consequential Amendments and Transitional Provisions) Act 2020
Export Control Act 2020
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F2023C00745 (C02)
04 August 2023
-
15 October 2024
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Table of contents
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Chapter 1—Preliminary
Part 1—Preliminary
1 1 Name
1 3 Authority
1 4 Application of this instrument
1 5 Simplified outline of this instrument
Part 2—Interpretation
1 6 Definitions
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Chapter 2—Exporting goods
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Part 1—Goods
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Division 1—Prescribed goods
2 1 Organic goods that are prescribed goods
2 2 Organic goods that are taken not to be prescribed goods
Division 2—Prohibited export and prescribed export conditions
2 3 Purpose and application of this Division
2 4 Export of prescribed organic goods is prohibited unless prescribed conditions are complied with
Part 2—Exemptions
2 5 Application of this Part
2 6 Period for making application for exemption
2 7 Conditions of exemption—matters to which Secretary must have regard
2 8 Period of effect of exemption
2 9 Variation of conditions of exemption—matters to which Secretary must have regard
2 10 Revocation of exemption—matters to which Secretary must have regard
Part 3—Organic goods certificates
2 11 When organic goods certificate may be issued
2 12 Information to be included in organic goods certificate
2 13 Requirements before organic goods certificate may be issued
2 14 Issuing bodies for organic goods certificates
2 15 Changes that require applicant to give additional or corrected information to issuing body
2 16 Circumstances for refusing to issue organic goods certificate
2 17 Changes that require holder of organic goods certificate to give additional or corrected information to issuing body
2 18 Circumstances for revoking organic goods certificate
2 19 Return of organic goods certificate
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Chapter 5—Approved arrangements
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Part 1—Requirements for approval
5 1 Proposed arrangement for organic goods certification operations
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Part 2—Conditions of approved arrangement
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Division 1—Purpose of this Part
5 2 Purpose of this Part
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Division 2—General
5 3 Requirements of National Organic Standard must be met
5 4 Importing country requirements must be met
5 5 Organic goods certificates must be in approved form
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Division 3—Management practices
5 6 Operations must be objective, fair etc.
5 7 Management practices, organisational structure, resources and personnel
5 8 Verification of compliance with the Act and other matters
5 9 Action must be taken to address non compliance
5 10 Internal audit and management review
5 11 Secretary must be notified of critical non compliance
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Part 3—Renewal of approved arrangement
5 12 Period within which application to renew approved arrangement must be made
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Part 4—Variation of approved arrangement
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Division 1—Variations by holder
5 13 Significant variations
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Division 2—Variations required by Secretary
5 14 Other reasons for requiring holder to vary approved arrangement
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Part 5—Obligations of holders of approved arrangements etc.
5 15 Other events of which Secretary must be notified
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Part 6—Fit and proper persons
5 16 Kinds of persons who are required to be fit and proper persons
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Part 7—Matters relating to applications
5 17 Application of this Part
5 18 Initial consideration period
5 19 Period within which request relating to application must be complied with
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Chapter 8—Other matters relating to export
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Part 1—Trade descriptions
8 1 Purpose of this Part
8 2 Trade description must be applied to prescribed organic goods that are intended to be exported
8 3 General requirements for trade descriptions
8 4 Trade descriptions in language other than English
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Chapter 9—Powers and officials
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Part 1—Audits
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Division 1—General
9 1 References to audit in this Part
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Division 2—Conduct of audit etc.
9 2 Purpose of this Division
9 3 Manner in which audit must be conducted
9 4 Audit reports
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Part 2—Authorised officers
9 5 Other grounds for giving direction to relevant person
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Chapter 10—Compliance and enforcement
10 1 Samples taken in exercising monitoring or investigation powers
10 2 Dealing with things seized in exercising investigation powers
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Chapter 11—Miscellaneous
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Part 1—Records
11 1 Purpose of this Part
11 2 General requirements for records
11 3 Organic goods certificates
11 4 Records to be retained by exporter
11 5 Records to be retained by organic operator
11 6 Records to be retained by holder of approved arrangement
11 7 Records must not be altered or defaced during retention period
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Part 2—Samples
11 8 Storage of samples
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Part 3—Damaged or destroyed prescribed organic goods
11 9 Division of compensation between owners
11 10 Amount of compensation
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Part 4—Relevant Commonwealth liabilities
11 11 Circumstances in which relevant Commonwealth liability of a person is taken to have been paid
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Chapter 12—Transitional provisions
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Part 1—Preliminary
12 1 Definitions
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Part 2—Approved arrangements
12 2 QM certificate in force immediately before commencement time
12 3 Secretary may direct holder to vary continuing approved arrangement
12 4 Application for QM certificate made but not decided before commencement time
12 5 Application for approval of modification of QM system made but not decided before commencement time
12 6 Corrective action request given before commencement time
12 7 Modifications of the Act relating to applications
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history