Export Control (Mung Beans) Orders (Cth)

Export Control (Mung Beans) Orders

as amended

made under regulation 3 of the

Export Control (Orders) Regulations 1982

This compilation was prepared on 5 July 2005
taking into account amendments up to Export Control (Mung Beans) Amendment Orders 2005 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

Part 1Preliminary

1Citation [see Note 1]   3

2Commencement [see Note 1]   3

3Application   3

4Interpretation   3

Part 2Export of mung beans prohibited unless conditions or restrictions complied with

5Conditions or restrictions   4

6Exemptions   4

Part 3Registered establishment

7Preparation in a registered establishment   5

8Prescribed goods to comply with Code   5

9Registration to comply with General Orders   5

10Hygiene to comply with Code   5

11Structural requirements to comply with Code   5

Part 4Product standards

12Mung beans to comply with product standards   6

Part 5Transport and packaging

13Transport   7

14Packaging   7

Part 6Trade descriptions

15Trade descriptions must be accurate   8

16Grade descriptions of prescribed goods   8

Part 7Export clearance

17Notice of Intention   9

18Export permit [see Note 2]   9

Part 8Inspection procedures

19Issue of export permit [see Note 2]   10

Part 9Review of decisions

20Reconsideration of decisions   11

Notes   12

Part 1                 Preliminary

1. Citation [see Note 1]

These Orders may be cited as the Export Control (Mung Beans) Orders.

1. Commencement [see Note 1]

These Orders shall come into operation on gazettal.

1. Application

These Orders apply to mung beans.

3.1   Mung beans are declared to be prescribed goods for the purposes of the Export Control Act 1982 (the Act).

1. Interpretation

   In these Orders, unless the contrary intention appears, words have the same meaning as in the Act and General Orders except that:

AQA means Approved Quality Assurance.

Code means a publication entitled ‘Code of Hygienic Practice for Oilseeds, Pulses and Legumes’ published in 1989 and available from the Australian Quarantine and Inspection Service at the Department of Agriculture, Fisheries and Forestry (GPO Box 858, Barton, ACT 2600).

General Orders means the Export Control (Prescribed Goods — General) Order 2005.

Mung beans are whole seeds of the species Vigna radiata or Vigna mungo, including varieties, and synonyms.

Pest means any form of plant or animal life (including insects, rodents, birds and other vermin), or any pathogenic agent, injurious or potentially injurious to mung beans or to the consumers of the mung beans and includes disease.

Prepared means stored, treated, bagged or loaded ready for export.

Part 2                 Export of mung beans prohibited unless conditions or restrictions complied with

1. Conditions or restrictions

The export of mung beans is prohibited unless the conditions and restrictions in these Orders, and Parts of the General Orders as specified in these Orders, in force from time to time, are complied with.

1. Exemptions

Part 3 of the General Orders, which allows for the granting of exemptions by the Secretary from Orders, applies to these Orders.

Part 3                 Registered establishment

1. Preparation in a registered establishment

Mung beans must be prepared at a registered establishment.

1. Prescribed goods to comply with Code

The owner/occupier of a registered establishment shall ensure that all mung beans prepared there and intended for export are grown and harvested in accordance with Section II of the Code.

1. Registration to comply with General Orders

Registration shall be in accordance with Part 4 of the General Orders.

1. Hygiene to comply with Code

The owner/occupier of a registered establishment shall ensure that hygiene at the establishment complies with Sections IV and V of the Code.

1. Structural requirements to comply with Code

11.1   The owner/occupier of a registered establishment shall ensure that the design and facilities of the establishment comply with Section III of the Code.

Part 4                 Product standards

1. Mung beans to comply with product standards

Mung beans must:

(a)    be free of live pests; and

(b)    be free of any pest for which a declaration of freedom is required by a foreign country authority; and

(c)    be sound, wholesome and fit for human consumption; and

(d)    not be adulterated or have in or upon them any substance in any amount             which renders the food poisonous, harmful or otherwise injurious to health.

Part 5                 Transport and packaging

1. Transport

Where mung beans are loaded into containers, or container system units, or any other means of conveyance, all such transport units must be free of:

(a)    residues of plant material; and

(b)    live pests insects, mites, snails; and

(c)    (in the case of shipping containers) any structural damage to walls, lining, floor, roof and doors; and

(d)    moisture; and

(e)    residues of minerals or any other contaminating material; and

(f)    other goods that may cross-infest, cross-infect or contaminate mung beans.

1. Packaging

All packaging material for mung beans must be stored in a clean and hygienic manner. Packaging material must adequately protect the mung beans from contamination.

Note on Part 5   Additional information on container systems units may be obtained from the booklet Standards for Food Quality Shipping Containers, available from Australia Shipping Limited, GPO Box Q388, Sydney NSW 1230.

Part 6                 Trade descriptions

1. Trade descriptions must be accurate

15.1   Where a trade description is applied to mung beans, the export of those mung beans is prohibited unless that trade description is adequate and accurate.

15.2   In the case of bagged mung beans, each bag must have attached to it or printed on it in an approved form, the registration number of the establishment where the mung beans were prepared.

1. Grade descriptions of prescribed goods

Where size, quality or colour grading descriptions are applied to prescribed goods in a trade description, they shall be readily understandable.

Note on Part 6   The Act provides for heavy penalties in the event of false trade description.

Part 7                 Export clearance

1. Notice of Intention

A person who intends to export mung beans shall give notice in accordance with Part 6 of the General Orders.

1. Export permit

When an authorized officer is reasonably satisfied that the relevant conditions or restrictions have been complied with in respect of the mung beans, the authorized officer shall issue or cause to be issued an export permit in accordance with Part 6 of the General Orders.

Notes on Part 7:

2   Phytosanitary Certificates

Where a phytosanitary certificate is required by a foreign country quarantine authority in respect of mung beans, the provisions of Part 7 of the Export Control (Plants and Plant Products) Orders 2005 apply.

3   Certificate as to Condition

Where a foreign country requires either general or specific certification, attesting to the quality of mung beans, this will be issued by the Department of Agriculture, Fisheries and Forestry, provided the Secretary is satisfied that the information is true and correct in every particular.

4   Certificates of Analysis

The owner, processor or exporter of mung beans, or agent, shall provide to an authorized officer at the time of giving Notice of Intention to export mung beans, such certificates of analysis or quality in respect of the mung beans as are determined by the Secretary.

Part 8                 Inspection procedures

1. Issue of export permit [see Note 2]

Before issuing an export permit an authorized officer must be reasonably satisfied that:

(a)    the consignment is as described on the Notice of Intention; and

(b)    the premises meet the requirements for registration as specified in the Code.

Note on Order 19   The requirements for an AQA arrangement are set out in the Approved Quality Assurance Handbook, available from the Quality Assurance Unit, Australian Quarantine and Inspection Service, GPO Box 858, Canberra, ACT 2601 (telephone [phone]. If an AQA arrangement is in place, the authorized officer may be satisfied that the requirements of Order 19 have been met.

Part 9                 Review of decisions

1. Reconsideration of decisions

Part 16 of the General Orders applies to these Orders.

Note   Part 16 of the General Orders allows a person whose interests are affected by an initial decision made under an order to apply to the Secretary for a reconsideration of the decision.

Notes to the Export Control (Mung Beans) Orders

Note 1

The Export Control (Mung Beans) Orders (in force under regulation 3 of the Export Control (Orders) Regulations 1982) as shown in this compilation is amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Instruments

Title	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
Export Control (Mung Beans) Orders	24 Apr 1991 (see Gazette 1991, No. GN15)	24 Apr 1991
Export Control (Mung Beans) Amendment Orders 2005 (No. 1)	29 June 2005 (see F2005L01822)	1 July 2005	—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
Part 1
O. 4.........................................	am. 2005 No. 1
Part 2
O. 5.........................................	am. 2005 No. 1
O. 6.........................................	am. 2005 No. 1
Part 3
O. 9.........................................	am. 2005 No. 1
O. 11.2...................................	rep. 2005 No. 1
Note to o. 11.........................	rep. 2005 No. 1
Part 5
Note to Part 5........................	am. 2005 No. 1
Part 7
O. 17.......................................	am. 2005 No. 1
O. 18.......................................	am. 2005 No. 1
Note 1 to Part 7....................	rep. 2005 No. 1
Note 2 to Part 7....................	am. 2005 No. 1
Note 3 to Part 7....................	am. 2005 No. 1
Part 8
Note to Part 8........................	rep. 2005 No. 1
Part 9
O. 20.......................................	am. 2005 No. 1
Note to o. 20.........................	rs. 2005 No. 1

Note 2

Order 19 — Schedule 1 (item 14) of the Export Control (Mung Beans) Amendment Orders 2005 (No. 1) provides as follows:

[14]     Order 19, Note

omit

set out in the ‘Approved Quality Assurance Handbook’ available from the Quality Assurance Unit, Australian Quarantine and Inspection Service, GPO Box 858, Canberra, ACT 2601 (telephone [phone])

substitute

available from the Australian Quarantine and Inspection Service, GPO Box 858, Canberra, ACT 2601

The proposed amendment was misdescribed and is not incorporated in this compilation.