Export Control (Dairy, Eggs and Fish) Amendment Orders 2005 (No. 1) (Cth)
Export Control (Dairy, Eggs and Fish) Amendment Orders 2005 (No. 1)
I, WARREN ERROL TRUSS, Minister for Agriculture, Fisheries and Forestry, make these Orders under regulation 3 of the Export Control (Orders) Regulations 1982.
Dated 23 June 2005
WARREN TRUSS
Minister for Agriculture, Fisheries and Forestry
COMMONWEALTH OF AUSTRALIA
EXPORT CONTROL (ORDERS) REGULATIONS 1982
EXPORT CONTROL (DAIRY, EGGS AND FISH) AMENDMENT ORDERS 2005 (No. 1)
Name of Orders
These Orders are the Export Control (Dairy, Eggs and Fish) Amendment Orders 2005 (No. 1).
Commencement
These Orders commence on 1 July 2005.
Amendment of Export Control (Dairy, Eggs and Fish) Orders
Schedule 1 amends the Export Control (Dairy, Eggs and Fish) Orders 2005.
Schedule 1 Amendments
(order 3)
[1] Paragraph 4.2(a)
omit
Prescribed Goods (General) Orders 1985
substitute
Export Control (Prescribed Goods—General) Order 2005
[2] Paragraph 4.2(c)
omit
Prescribed Goods (General) Orders 1985
substitute
Export Control (Prescribed Goods—General) Order 2005
[3] Order 5
substitute
5 Application of Export Control (Prescribed
Goods—General) Order 2005
5.1 The following provisions of the Export Control (Prescribed
Goods—General) Order 2005 apply to processed food declared under these Orders to be prescribed goods:
(a) Part 1;
(b) Part 4 (other than section 4.02, subparagraph 4.09(b)(iii) and Division 4.3);
(c) Part 13 (other than sections 13.19 to 13.21);
(d) sections 14.02, 14.03 and 14.04;
(e) Part 16 (subject to suborder 5.2 of these Orders);
(f) Part 17 (other than section 17.04);
(g) Part 18 (subject to suborder 5.3 of these Orders).
Note For when processed food is declared to be prescribed goods see order 9.
5.2 Part 16 of the Export Control (Prescribed Goods—General) Order 2005 applies to the extent specified in orders 98 and 99 of these Orders.
5.3 Subsection 18.02(2) of the Export Control (Prescribed
Goods—General) Order 2005 applies to the extent specified in order 108 of these Orders.
[4] Order 8, after the definition of ingredient
insert
initial decision has the same meaning as in the Export Control (Prescribed Goods—General) Order 2005.
Note See section 16.01 of the Export Control (Prescribed Goods—General) Order 2005.
[5] Order 8, the definition of official mark
omit the definition and the explanatory note
[6] Order 8, the definition of official marking device
omit
[7] Order 8, definition of person in management or control
omit
suborder 5.2 of the Prescribed Goods (General) Orders 1985
substitute
subsection 1.05(2) of the Export Control (Prescribed Goods—General) Order 2005
[8] Order 8, definition of registered establishment
omit
in accordance with order 19 of the Prescribed Goods (General) Orders 1985
substitute
under section 4.04 of the Export Control (Prescribed Goods—General) Order 2005
[9] Order 8, the definition of registered establishment, the Note
omit
[10] Order 8, definition of registration number
omit
paragraph 21(a) of the Prescribed Goods (General) Orders 1985
substitute
paragraph 4.09(a) of the Export Control (Precribed Goods—General) Order 2005
[11] Order 8, definition of shellfish
omit
pippis
substitute
pipis
[12] Suborder 9.1
omit
and the Prescribed Goods (General) Orders 1985
[13] Suborder 20.9, the Note
omit
Part 20 of the Prescribed Goods (General) Orders 1985
substitute
Part 16 of the Export Control (Prescribed Goods—General) Order 2005
[14] Suborder 33.1, Note 4
omit
order 15 of the Prescribed Goods (General) Orders 1985
substitute
section 4.03 of the Export Control (Prescribed Goods—General) Order 2005
[15] Order 72
substitute
72 Manufacture etc of official marks and official marking devices
72.1 Despite subsection 13.18(2) of the Export Control (Prescribed Goods General) Order 2005 a person:
(a) may manufacture an official marking device for use for processed food if the person is an authorized officer or is acting in accordance with a direction of an authorized officer; and
(b) may manufacture an official marking device for use for processed food or have in their possession an official marking device for use for processed food if:
(i) the person is an authorized officer or is acting in accordance with a direction of an authorized officer; or
(ii) the person is designated in an approved arrangement as a person who may do the relevant act and the act is done in accordance with the approved arrangement.
Note 1 For the meaning of official marking device see section 3 of the Act and see also section 13.17 of the Export Control (Prescribed Goods—General) Order 2005.
Note 2 Part 13 (other than sections 13.19 to 13.21) of the Export Control (Prescribed Goods—General) Order 2005 applies, see paragraph 5.1(c) of these Orders.
Note 3 Contravention of subsection 13.18(2) of the Export Control (Prescribed Goods—General) Order 2005 is an offence, see section 14 of the Act.
72.2 A person must not alter or interfere with an official mark applied to processed food for export or to anything containing processed food for export unless:
(a) the person is an authorized officer or is acting in accordance with a direction of an authorized officer; or
(b) the person is designated in an approved arrangement as a person who may do the relevant act and the act is done in accordance with the approved arrangement.
Note 1 For the meaning of apply see section 3 of the Act.
Note 2 For the meaning of official mark see also section 3 of the Act and see also sections 13.02 to 13.16 of the Export Control (Prescribed Goods—General) Order 2005.
Note 3 For a requirement to retain an official mark that is a seal declared under section 13.11 of the Export Control (Prescribed Goods—General) Order 2005 during transport see clause 46 of Schedule 5. The seal is used to ensure the physical security of processed food.
Note 4 Contravention of suborder 72.2 is an offence, see section 14 of the Act.
[16] Suborder 73.2
substitute
73.2 For the purposes of suborder 73.1:
resemblance of an official mark means a design that:
(a) is similar to the design of an official mark specified in the Export Control (Prescribed Goods—General) Order 2005; and
(b) differs materially from the design so specified for the official mark only in respect of its dimensions.
[17] Order 98
substitute
98 Part 16 of Export Control (Prescribed Goods—General) Order 2005
Subject to order 99, Part 16 of the Export Control (Prescribed Goods—General) Order 2005 applies to an initial decision made under these Orders.
Note 1 For the meaning of initial decision see order 8 and see also section 16.01 of the Export Control (Prescribed Goods—General) Order 2005.
Note 2 Part 16 of the Export Control (Prescribed Goods—General) Order 2005 deals with reconsideration of an initial decision made by the Secretary and the availability of Administrative Appeal Tribunal Review of the Secretary’s reconsideration.
[18] Order 99, the heading
substitute
When Part 16 does not apply
[19] Order 99
omit
Notwithstanding order 98, Part 20 of the Prescribed Goods (General) Orders 1985 does not apply to the decisions made by the Secretary
substitute
Part 16 of the Export Control (Prescribed Goods—General) Order 2005 does not apply to an initial decision made
[20] Order 99, Note 2
omit
Order 117 of Part 20 of the Prescribed Goods (General) Orders 1985 provides for review (subject to the Administrative Appeals Tribunal Act 1975) by the Administrative Appeals Tribunal of decisions made by the Secretary in accordance with order 114 of Part 20 of the Prescribed Goods (General) Orders 1985.
substitute
Section 16.05 of the Export Control (Prescribed Goods—General) Order 2005 provides for application to the Administrative Appeals Tribunal for review of decisions made by the Secretary under section 16.03 of the Export Control (Prescribed Goods—General) Order 2005.
[21] Order 100
omit
[22] Order 102
omit
[23] Order 105, the heading
omit
1985
substitute
1992
[24] Paragraph 107.2(a)
omit
Prescribed Goods (General) Orders 1985
substitute
Export Control (Processed Food) Orders 1992
[25] After order 107
insert
108 Section 18.02 of Export Control (Prescribed
Goods—General) Order 2005
Subsection 18.02(2) of the Export Control (Prescribed
Goods—General) Order 2005 does not apply to instruments in writing mentioned in column 2 for the following items listed in column 1 of the table for subsection 18.02(2) that are made in relation to processed food under the Orders repealed by section 18.01 of the Export Control (Prescribed Goods—General) Order 2005:
(a) items 1 and 2;
(b) items 6 to 16;
(c) item 18;
(d) items 22 and 23.
Note For transitional provisions for export permits referred to in item 12 of the table for subsection 18.02(2) of the Export Control (Prescribed
Goods—General) Order 2005 see suborders 1.07(3) and 1.07(4) of these Orders.
[26] Schedule 1, subclause 1.1, the Note
omit
order 15 of the Prescribed Goods (General) Orders 1985
substitute
section 4.03 of the Export Control (Prescribed Goods—General) Order 2005
[27] Schedule 1, subparagraph 2.1(b)(vii)
omit
Prescribed Goods (General) Regulations 1985
substitute
Export Control (Prescribed Goods—General) Order 2005
[28] Schedule 1, subclause 5.1
omit
paragraph 36(c) of the Prescribed Goods (General) Orders 1985
substitute
section 4.20 of the Export Control (Prescribed Goods—General) Order 2005
[29] Schedule 2, subclause 15.2, the Note
omit
Part 20 of the Prescribed Goods (General) Orders 1985
substitute
Part 16 of the Export Control (Prescribed Goods—General) Order 2005
[30] Schedule 2, subclause 19.1, the Note
omit
Divisions IV to VA of Part 5 of the Prescribed Goods (General) Orders 1985
substitute
Division 4.4 of Part 4 of the Export Control (Prescribed Goods—General) Order 2005
[31] Schedule 2, subclause 21.1, Note 4
omit
Division IV to VA of Part 5 of the Prescribed Goods (General) Orders 1985
substitute
Division 4.4 of Part 4 of the Export Control (Prescribed Goods—General) Order 2005
[32] Schedule 2, subclause 22.1, the Note
omit
Part 20 of the Prescribed Goods (General) Orders 1985
substitute
Part 16 of the Export Control (Prescribed Goods—General) Order 2005
[33] Schedule 3, subclause 3.2
omit
Division VII of Part 5 of the Prescribed Goods (General) Orders 1985
substitute
section 4.20 of the Export Control (Prescribed Goods—General) Order 2005
[34] Schedule 5, after subclause 46.1
insert
46.2In this clause:
official mark means a seal declared under section 13.11 of the Export Control (Prescribed Goods—General) Order 2005 to be an official mark.
[35] Schedule 9, subclause 11.3, Note 2
omit
orders 24 and 47 of the Prescribed Goods (General) Orders 1985
substitute
paragraph 4.04(1)(i), sections 4.05 and 4.17 and paragraph 4.29(1)(h) of the Export Control (Prescribed Goods—General) Order 2005
[36] Schedule 9, paragraph 14.2(a)
after
permit
insert
for
[37] Schedule 9, paragraph 16.5(a)
omit
order 47 of the Prescribed Goods (General) Orders 1985
substitute
section 4.05 of the Export Control (Prescribed Goods—General) Order 2005
[38] Schedule 9, paragraph 16.10(a)
omit
order 47 of the Prescribed Goods (General) Orders 1985
substitute
section 4.05 of the Export Control (Prescribed Goods—General) Order 2005
[39] Schedule 9, subclause 16.12, the Note
omit
Part 20 of the Prescribed Goods (General) Orders 1985
substitute
Part 16 of the Export Control (Prescribed Goods—General) Order 2005
[40] Schedule 9, paragraph 24.1(b
after
(b
insert
)
[41] Schedule 9, subclause 24.2
omit
clause 20
substitute
clause 23
[42] Schedule 9, subclause 24.4
omit
subclause 24.4
substitute
subclause 24.3
[43] Schedule 10, subparagraph 1.2(b)(c)
omit
(c)
substitute
(iii)
[44] Schedule 10, paragraph 5.1(f)
omit
order 47 of the Prescribed Goods (General) Orders 1985
substitute
section 4.05 of the Export Control (Prescribed Goods—General) Order 2005
[45] Schedule 10, subparagraph 5.3(b)(iii) (second time appearing)
omit
(iii)
substitute
(iv)
[46] Schedule 10, paragraph 11.1(a)
omit
order 47 of the Prescribed Goods (General) Orders 1985
substitute
section 4.05 of the Export Control (Prescribed Goods—General) Order 2005
[47] Schedule 10, subclause 11.4, the Note
omit
Part 20 of the Prescribed Goods (General) Orders 1985
substitute
Part 16 of the Export Control (Prescribed Goods—General) Order 2005
[48] Notes to the Export Control (Dairy, Eggs and Fish) Orders 2005, the header
omit
Contolr
substitute
Control
0
0
0