Export Control (General) Regulations (Cth)
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia,
acting with the advice of the Federal Executive Council and in pursuance of
section 4 of the
Dated 9 December 1982.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
RALPH J. HUNT
Minister of State for Transport and Construction
for and on behalf of
the Minister of State for Primary Industry
“abalone” means fish of the genera
Haliotis ,Notohaliotis ,Schismotis andMarinauris ;“approved analyst” means a person referred to in regulation 29;
“Australian boat” has the same meaning as in sub-section 4 (1) of the
Fisheries Act 1952 and includes a boat that is deemed to be an Australian boat by virtue of sub-section 4 (2) of that Act;“canned”, in relation to fruit or vegetables, has the same meaning as in the Exports (Canned and Frozen Fruits) Regulations;
“dairy produce” has the same meaning as in the Exports (Dairy Produce) Regulations;
“fish” has the same meaning as in the Exports (Fish) Regulations;
“foreign boat” means a boat other than an Australian boat;
“frozen”, in relation to fruit or vegetables, has the same meaning as in the Exports (Canned and Frozen Fruits) Regulations;
“grain” has the same meaning as in the Exports (Grain) Regulations;
“honey” has the same meaning as in the Exports (Honey) Regulations;
“licensed foreign boat” means a foreign boat in respect of which a licence under sub-section 9 (2) or 9 (3) of the
Fisheries Act 1952 is in force;“meat” means—
(a) meat;
(b) game meat;
(c) edible offal;
(d) edible game offal;
(e) meat products; and
(f) game meat products,
within the meaning of the Exports (Meat) Regulations;
“repealed regulations” means the regulations repealed by regulation 2;
“the Act” means the Export Control Act 1982.
(a) chutneys, pickles and sauces;
(b) dairy produce;
(c) fish;
(d) fruit;
(e) fruit juice;
(f) fruit mince meat;
(g) grain;
(h) honey;
(i) jam;
(j) meat;
(k) nuts;
(l) plants;
(m) seeds;
(n) vegetables.
(a) goods that are ships’ stores or aircrafts’ stores, being goods brought into or shipped in Australia for the use of the passengers and crew or for the service of the ship on a voyage, or the aircraft on a flight, from Australia;
(b) goods, other than fish, that are not produced, processed or manufactured in Australia;
(c) goods that are imported into Australia and held in bond;
(d) goods, other than fish, that are imported into Australia and re-exported in the same covering and under the same trade description as the covering and trade description with which they were imported;
(e) fish that is not intended for human consumption, being fish that—
(i) is clearly marked as not fit for human consumption; and
(ii) has been de-natured or is in such a form that it is unacceptable for human consumption;
(f) fish that was imported from a licensed foreign boat, being fish that—
(i) has not been processed in any way since it was imported; and
(ii) has not been marked with a trade description, other than a trade description that relates to the size of the fish or that is a trade description of the kind referred to in sub-regulation 9A (1) of the Exports (Fish) Regulations;
(g) fish that was imported after having been first landed in a port or place outside Australia, being fish that—
(i) has not been processed in any way since it was imported;
(ii) is exported in the same containers in which it was imported, no covering having been removed or added; and
(iii) bears the name of its country of origin on the outermost of the containers;
(h) goods that are consigned to an external Territory for consumption within that Territory; or
(i) goods that are exported in a consignment that does not exceed—
(i) in the case of liquid — 10 litres; and
(ii) in any other case — 10 kilogrammes.
(a) in the case of fruit that is canned or frozen fruit — the conditions and restrictions specified in the Exports (Canned and Frozen Fruits) Regulations;
(b) in the case of dairy produce — the conditions and restrictions specified in the Exports (Dairy Produce) Regulations;
(c) in the case of fruit that is dried fruit — the conditions and restrictions specified in the Exports (Dried Fruits) Regulations;
(d) in the case of fish — the conditions and restrictions specified in the Exports (Fish) Regulations;
(e) in the case of fruit that is fresh fruit — the conditions and restrictions specified in the Exports (Fresh Fruit) Regulations;
(f) in the case of grain — the conditions and restrictions specified in the Exports (Grain) Regulations;
(g) in the case of honey — the conditions and restrictions specified in the Exports (Honey) Regulations;
(h) in the case of meat — the conditions and restrictions specified in the Exports (Meat) Regulations;
(i) in the case of vegetables that are fresh vegetables — the conditions and restrictions specified in the Exports (Fresh Vegetables) Regulations;
(j) in the case of vegetables that are canned or frozen vegetables — the conditions and restrictions specified in the Exports (Canned and Frozen Fruits) Regulations;
(k) in the case of prescribed goods of the kind specified in column 1 of the Second Schedule to the Exports (General) Regulations — the conditions and restrictions specified in those Regulations.
(a) a reference to an export establishment were a reference to registered premises;
(b) a reference to an officer were a reference to an authorized officer;
(c) a reference to the
Customs Act 1901 or theCommerce (Trade Descriptions) Act 1905 were a reference to the Act; and(d) “trade description” had the same meaning as in the Act.
(a) a reference to an export establishment or to an appointed place were a reference to registered premises;
(b) a reference to an officer were a reference to an authorized officer;
(c) a reference to the
Customs Act 1901 or theCommerce (Trade Descriptions) Act 1905 were a reference to the Act; and(d) “trade description” had the same meaning as in the Act.
(a) a reference to an export establishment were a reference to registered premises;
(b) a reference to an officer were a reference to an authorized officer;
(c) a reference to the
Customs Act 1901 or theCommerce (Trade Descriptions) Act 1905 were a reference to the Act; and(d) “trade description” had the same meaning as in the Act.
(a) a reference to an export establishment or to an appointed place were a reference to registered premises or, in the case of an export establishment that consists of a ship, to a registered ship;
(b) a reference to an officer were a reference to an authorized officer;
(c) a reference to the
Customs Act 1901 or theCommerce (Trade Descriptions) Act 1905 were a reference to the Act; and(d) “trade description” had the same meaning as in the Act.
(a) a reference to an export establishment, to an appointed place or to a fumigation chamber were a reference to registered premises;
(b) a reference to an officer were a reference to an authorized officer;
(c) a reference to the
Customs Act 1901 or theCommerce (Trade Descriptions) Act 1905 were a reference to the Act; and(d) “trade description” had the same meaning as in the Act.
(a) a reference to an appointed place were a reference to registered premises;
(b) a reference to an officer were a reference to an authorized officer;
(c) a reference to the
Customs Act 1901 or theCommerce (Trade Descriptions) Act 1905 were a reference to the Act; and(d) “trade description” had the same meaning as in the Act.
(a) a reference to an appointed place were a reference to registered premises;
(b) a reference to an officer were a reference to an authorized officer;
(c) a reference to the
Customs Act 1901 or theCommerce (Trade Descriptions) Act 1905 were a reference to the Act; and(d) “trade description” had the same meaning as in the Act.
(a) a reference to an export establishment or to an appointed place were a reference to registered premises;
(b) a reference to an officer were a reference to an authorized officer;
(c) a reference to the
Customs Act 1901 or theCommerce (Trade Descriptions) Act 1905 were a reference to the Act; and(d) “trade description” had the same meaning as in the Act.
(a) a reference to an export establishment were a reference to registered premises;
(b) a reference to an officer were a reference to an authorized officer;
(c) a reference to the
Customs Act 1901 or theCommerce (Trade Descriptions) Act 1905 were a reference to the Act; and(d) “trade description” had the same meaning as in the Act.
(a) allot a number to the premises or ship; and
(b) issue a certificate of registration in respect of the premises or ship.
1. | Canned or frozen fruit. .. .. .. .. .. .. . | Exports (Canned and Frozen Fruits) Regulations |
2. | Dairy produce. .. .. .. .. .. .. .. .. .. . | Exports (Dairy Produce) Regulations |
3. | Dried fruit. .. .. .. .. .. .. .. .. .. .. .. | Exports (Dried Fruits) Regulations |
4. | Fish . . . . . . . . . . . . . . . . . . . . . . . . . . . . | Exports (Fish) Regulations |
5. | Fresh fruit. .. .. .. .. ... .. .. .. .. .. . | Exports (Fresh Fruit) Regulations |
6. | Prescribed goods of the kind specified in Column 1 of the Second Schedule to the Exports (General) Regulations | Exports (General) Regulations |
7. | Honey. .. .. .. .. .. .. .. .. .. .. .. .. . | Exports (Honey) Regulations |
8. | Meat . . . . . . . . . . . . . .. . . . . . . . . . . . . . | Exports (Meat) Regulations |
9. | Canned or frozen vegetables. .. .. .. .. | Exports (Canned and Frozen Fruits) Regulations |
10. | Fresh vegetables. .. .. .. .. .. .. .. .. . | Exports (Fresh Vegetables) Regulations |
(a) the catching and chilling of fish;
(b) the bleeding, gilling, heading or gutting of scale fish; or
(c) the shucking of abalone.
(a) registered premises or a registered ship;
(b) the carrying on of operations in registered premises or on a registered ship; or
(c) the export of prescribed goods that have been prepared in registered premises or on a registered ship,
the Secretary may, by instrument in writing, suspend temporarily the registration of the premises or ship.
(a) remains in force for such period, not exceeding 28 days, as is specified in the instrument; and
(b) may not be renewed.
(a) shall be furnished in the case of all prescribed goods other than grain;
(b) in the case of prescribed goods that are canned or frozen fruit, canned or frozen vegetables, chutneys, dairy produce, dried fruit, dried or preserved vegetables, fish, fruit juice, fruit pulp, honey, jam, pickles or sauces — shall be furnished not less than 3 clear working days before the date on which it is intended to export the goods; and
(c) in any other case — shall be furnished not less than 1 clear working day before the date on which it is intended to export the goods.
(a) in relation to dairy produce—
(i) the Approved for Export Stamp; and
(ii) the Commonwealth Standardization Trade Mark,
within the meaning of the Exports (Dairy Produce) Regulations;
(b) in relation to fish — an approved for export stamp within the meaning of the Exports (Fish) Regulations;
(c) in relation to meat—
(i) in the case of meat other than lamb — an inspection stamp in accordance with the design contained in Part I of the Ninth Schedule to the Exports (Meat) Regulations;
(ii) in the case of lamb — an inspection stamp in accordance with the design contained in Part II of the Ninth Schedule to the Exports (Meat) Regulations; and
(iii) in any case — a stamp in accordance with the design contained in the Seventh Schedule to the Exports (Meat) Regulations.
(a) in relation to dairy produce — a device that is capable of being used to apply an official mark that is an official mark in relation to dairy produce;
(b) in relation to fish — a device that is capable of being used to apply an official mark that is an official mark in relation to fish;
(c) in relation to meat — a device that is capable of being used to apply an official mark that is an official mark in relation to meat.
(a) approve a person to be a person who may manufacture official marks and official marking devices; and
(b) authorize an approved person to manufacture an official mark or official marking device.
(a) that official mark; or
(b) that official marking device.
(a) in the case of an official mark or official marking device that is an official mark or official marking device, as the case may be, in relation to dairy produce—
(i) have in his possession, apply, alter or interfere with the official mark; or
(ii) have in his possession the official marking device,
in the circumstances specified in the Exports (Dairy Produce) Regulations;
(b) in the case of an official mark or an official marking device that is an official mark or official marking device, as the case may be, in relation to fish—
(i) have in his possession, apply, alter or interfere with the official mark; or
(ii) have in his possession the official marking device,
in the circumstances specified in the Exports (Fish) Regulations; and
(c) in the case of an official mark or an official marking device that is an official mark or an official marking device, as the case may be, in relation to meat—
(i) have in his possession, apply, alter or interfere with the official mark; or
(ii) have in his possession the official marking device,
in the circumstances specified in the Exports (Meat) Regulations.
(a) not being an approved person, manufactures an official mark or an official marking device;
(b) being an approved person—
(i) manufactures an official mark or an official marking device otherwise than in accordance with the terms of an authority given under regulation 25; or
(ii) applies, alters or interferes with an official mark otherwise than in the course of manufacturing that official mark or official marking device in accordance with the terms of an authority given under regulation 25;
(c) not being an authorized officer—
(i) has in his possession, applies, alters or interferes with an official mark; or
(ii) has in his possession an official marking device,
otherwise than for the purpose of, or in connection with, the application of an official mark in accordance with the directions of an authorized officer; or
(d) being an authorized officer—
(i) has in his possession, applies, alters or interferes with an official mark; or
(ii) has in his possession an official marking device,
otherwise than in accordance with regulation 26.
(a) be labelled, tagged or marked in such a manner as to enable it to be identified;
(b) be held under conditions, whether as to temperature or otherwise, that are unlikely to affect the result of the analysis of the sample; and
(c) be kept in the custody or control of an authorized officer until it is dispatched to an approved analyst for analysis or until it is destroyed or otherwise disposed of.
(a) an authorized officer;
(b) a person employed at the Australian Government Analytical Laboratories; or
(c) a person employed at any other laboratory approved by the Secretary.
(a) in respect of services that would, but for the repeal of the Exports (Canned and Frozen Fruits) Regulations, have been services of the kind referred to in regulation 27 of those Regulations, being services performed during a period specified in a paragraph of that regulation — the fee specified in that paragraph of that regulation in respect of that service;
(b) in respect of services that would, but for the repeal of the Exports (Dairy Produce) Regulations, have been services of the kind referred to in regulation 31 of those Regulations, being services performed during a period specified in a paragraph of that regulation — the fee specified in that paragraph of that regulation in respect of that service;
(c) in respect of services that would, but for the repeal of the Exports (Dried Fruits) Regulations, have been services of the kind referred to in regulation 32 of those Regulations, being services performed during a period specified in a paragraph of that regulation — the fee specified in that paragraph of that regulation in respect of that service;
(d) in respect of services that would, but for the repeal of the Exports (Fish) Regulations, have been services of the kind referred to in regulation 36 of those Regulations, being services performed during a period specified in a paragraph of that regulation — the fee specified in that paragraph of that regulation in respect of that service;
(e) in respect of services that would, but for the repeal of the Exports (Fresh Fruit) Regulations, have been services of the kind referred to in regulation 32 of those Regulations, being services performed during a period specified in a paragraph of that regulation — the fee specified in that paragraph of that regulation in respect of that service;
(f) in respect of services that would, but for the repeal of the Exports (Fresh Vegetables) Regulations, have been services of the kind referred to in regulation 28 of those Regulations, being services performed during a period specified in a paragraph of that regulation — the fee specified in that paragraph of that regulation in respect of that service;
(g) in respect of services that would, but for the repeal of the Exports (General) Regulations, have been services of the kind referred to in regulation 30 of those Regulations, being services performed during a period specified in a paragraph of that regulation — the fee specified in that paragraph of that regulation in respect of that service;
(h) in respect of services that would, but for the repeal of the Exports (Grain) Regulations, have been services of the kind referred to in regulation 15 of those Regulations, being services performed during a period specified in a paragraph of that regulation — the fee specified in that paragraph of that regulation in respect of that service;
(i) in respect of services that would, but for the repeal of the Exports (Honey) Regulations, have been services of the kind referred to in regulation 34 of those Regulations, being services performed during a period specified in a paragraph of that regulation — the fee specified in that paragraph of that regulation in respect of that service;
(j) in respect of services that would, but for the repeal of the Exports (Meat) Regulations, have been services of the kind referred to in regulation 50 of those Regulations, being services performed during a period specified in a paragraph of that regulation — the fee specified in that paragraph of that regulation in respect of that service.
(a) a registration or a renewal of registration in force on 31 December 1982 under the repealed regulations—
(i) continues in force, subject to regulation 19, for such period as it would have remained in force had it been a registration or renewal granted under these Regulations, and may be renewed in accordance with the provisions of these Regulations; and
(ii) shall be deemed to have been granted under these Regulations; and
(b) an export permit or other document issued, or an approval or a certificate given, under a provision of the repealed regulations—
(i) continues in force for the period for which it would have remained in force if the repealed regulations were still in force; and
(ii) shall be deemed to have been issued or given for the purposes of these Regulations.
(a) an application was made in 1982 in accordance with regulation 23 of the Exports (Meat) Regulations for renewal of the registration of premises; and
(b) the Secretary has renewed the registration in respect of the premises and grants a certificate of the renewal of the registration,
the registration—
(c) shall, for all purposes, be deemed to have been granted under these Regulations; and
(d) subject to regulation 19, remains in force until the expiration of 31 December 1983.
PART I
Repeal of the Exports (Canned and Frozen Fruits) Regulations
Statutory Rules 1954 No. 101; 1955 Nos. 20 and 50; 1956 Nos. 10, 42 and 125; 1957 No. 33; 1960 No. 2; 1963 No. 136; 1964 No. 54; 1966 No. 45; 1968 No. 57; 1969 No. 29; 1974 No. 231; 1977 No. 249; 1978 No. 42; 1980 No. 125; 1982 No. 343.
PART II
Repeal of the Exports (Dairy Produce) Regulations
Statutory Rules 1962 No. 36; 1963 No. 137; 1965 Nos. 45 and 54; 1966 No. 46; 1969 No. 30; 1974 No. 219; 1976 No. 122; 1977 No. 256; 1978 Nos. 45 and 283; 1980 Nos. 122 and 201; 1982 No. 340.
PART III
Repeal of the Exports (Dried Fruits) Regulations
Statutory Rules 1938 No. 115; 1942 No. 28; 1946 No. 144; 1948 No. 30; 1950 No. 61; 1951 No. 131; 1952 No. 109; 1954 No. 44; 1956 Nos. 9 and 124; 1957 Nos. 17 and 37; 1958 No. 9; 1960 Nos. 36 and 84; 1961 No. 108; 1963 No. 138; 1964 No. 43; 1965 No. 31; 1966 Nos. 47 and 85; 1967 No. 121; 1969 No. 31; 1974 No. 230; 1977 No. 250; 1978 Nos. 41 and 216; 1980 Nos. 126, 198 and 400; 1982 No. 344.
PART IV
Repeal of the Exports (Fish) Regulations
Statutory Rules 1949 No. 54; 1950 No. 38; 1951 Nos. 48 and 127; 1952 No. 105; 1954 No. 43; 1955 No. 51; 1956 Nos. 8, 44 and 121; 1959 No. 77; 1960 No. 37; 1963 No. 139; 1964 No. 105; 1965 No. 92; 1966 No. 48; 1967 No. 161; 1969 No. 32; 1970 No. 145; 1971 No. 105; 1972 No. 9; 1973 No. 13; 1975 No. 179; 1977 No. 253; 1978 No. 38; 1980 No. 124; 1982 Nos. 114 and 342.
PART V
Repeal of the Exports (Fresh Fruit) Regulations
Statutory Rules 1964 No. 28; 1965 No. 22; 1966 Nos. 49 and 84; 1967 No. 22; 1968 No. 16; 1969 Nos. 33 and 40; 1970 No. 33; 1971 Nos. 35 and 104; 1972 No. 36; 1973 No. 140; 1974 Nos. 49 and 227; 1976 Nos. 87 and 163; 1977 Nos. 22 and 254; 1978 No. 40; 1979 No. 58; 1980 No. 120; 1982 Nos. 86 and 338.
PART VI
Repeal of the Exports (Fresh Vegetables) Regulations
Statutory Rules 1950 No. 53; 1951 No. 128; 1952 No. 110; 1954 Nos. 10 and 48; 1955 No. 19; 1956 Nos. 11 and 122; 1957 No. 35; 1959 No. 12; 1960 No. 39; 1963 No. 141; 1966 No. 50; 1969 Nos. 34 and 140; 1974 No. 228; 1977 No. 255; 1978 No. 39; 1980 No. 121; 1981 No. 219; 1982 No. 339.
PART VII
Repeal of the Exports (General) Regulations
Statutory Rules 1954 Nos. 1, 42 and 91; 1955 No. 91; 1956 Nos. 7 and 120; 1960 Nos. 40 and 69; 1963 Nos. 29 and 142; 1964 No. 153; 1966 No. 51; 1969 Nos. 35 and 139; 1974 No. 229; 1977 No. 251; 1978 No. 37; 1979 No. 252; 1980 No. 236; 1982 No. 345.
PART VIII
Repeal of the Exports (Grain) Regulations
Statutory Rules 1963 Nos. 10 and 144; 1966 No. 44; 1968 Nos. 121 and 144; 1969 No. 28; 1970 No. 80; 1972 No. 151; 1974 No. 232; 1977 No. 29; 1982 No. 346.
PART IX
Repeal of the Exports (Honey) Regulations
Statutory Rules 1964 No. 154; 1966 No. 52; 1969 No. 36; 1971 Nos. 40 and 106; 1972 No. 10; 1976 No. 151; 1977 No. 252; 1978 No. 44; 1980 No. 123; 1981 Nos. 103 and 157; 1982 No. 341.
PART X
Repeal of the Exports (Meat) Regulations
Statutory Rules 1961 No. 93; 1963 No. 143; 1965 No. 40; 1966 No. 53; 1967 No. 113; 1969 No. 37; 1971 No. 107; 1972 No. 8; 1976 Nos. 69, 252, 253 and 254; 1977 Nos. 28, 45 and 61; 1978 Nos. 43, 63 and 217; 1979 No. 176; 1980 Nos. 134, 268, 293, 300 and 392; 1981 Nos. 30 and 169; 1982 No. 347.
1. Notified in the
Commonwealth of Australia Gazette
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