Export Control (Plants and Plant Products) Amendment (Registered Establishments) Order 2015 (Cth)

Export Control (Plants and Plant Products) Amendment (Registered Establishments) Order 2015

I, Barnaby Joyce, Minister for Agriculture and Water Resources, make the following order.

Dated 26 November 2015

Barnaby Joyce

Minister for Agriculture and Water Resources

Contents

1............ Name............................................................................................................................. 1

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

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

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments  2

Export Control (Plants and Plant Products) Order 2011  2

1  Name

This is the Export Control (Plants and Plant Products) Amendment (Registered Establishments) Order 2015.

2  Commencement

(1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  The whole of this instrument	1 December 2015.	1 December 2015

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

This instrument is made under regulation 3 of the Export Control (Orders) Regulations 1982.

4  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 1—Amendments

Export Control (Plants and Plant Products) Order 2011

1  Subsection 5.1

Insert:

apple has the same meaning as in Part 3 of Schedule 22 to the Primary Industries Levies and Charges Collection Regulations 1991.

cherry has the same meaning as in Part 5 of Schedule 22 to the Primary Industries Levies and Charges Collection Regulations 1991.

citrus has the same meaning as in Part 7 of Schedule 22 to the Primary Industries Levies and Charges Collection Regulations 1991.

pear has the same meaning as in Part 3 of Schedule 22 to the Primary Industries Levies and Charges Collection Regulations 1991.

stone fruit has the same meaning as in Part 15 of Schedule 22 to the Primary Industries Levies and Charges Collection Regulations 1991.

strawberry has the same meaning as in Part 16 of Schedule 22 to the Primary Industries Levies and Charges Collection Regulations 1991.

table grapes has the same meaning as in Part 20 of Schedule 22 to the Primary Industries Levies and Charges Collection Regulations 1991.

2  Before section 10

Insert:

Division 1—General

3  At the end of Part 3

Add:

Division 2—Small horticultural products registered establishments

13A  Secretary may determine that a registered establishment is a small horticultural products registered establishment for a financial year

(1)  The occupier, or (if there are 2 or more occupiers) the occupiers jointly, of a registered establishment may apply, in writing, to the Secretary for a determination under subsection (6) that the establishment is a small horticultural products registered establishment for a financial year (the relevant financial year) if:

(a)  the registered establishment is to be used, in the relevant financial year, only for operations associated with the production and preparation for export of horticultural products (the relevant horticultural products) of a kind referred to in a single item in the table in subsection (2); and

(b)  the occupier is the grower, or (if applicable) the occupiers are the growers, of the relevant horticultural products; and

(c)  the occupier is not, or (if applicable) none of the occupiers are, an occupier in relation to any other registered establishment; and

(d)  the total amount of the relevant horticultural products to be produced and prepared at the registered establishment for export in the relevant financial year will not exceed the total amount for the relevant horticultural products referred to in column 2 of the item in the table in subsection (2) that applies to the relevant horticultural products.

(2)  The following table sets out:

(a)  for paragraph (1)(a)—kinds of horticultural products; and

(b)  for paragraph (1)(d)—the total amounts (in tonnes) for export for those kinds of horticultural products for a financial year.

Horticultural products and total amounts for export in a financial year
Item	Column 1 Horticultural products	Column 2 Total amount (in tonnes) for export in a financial year
1	Apples or pears (or both)	400
2	Citrus	400
3	Stone fruit (except cherries)	400
4	Table grapes	400
5	Mangoes	100
6	Cherries	30
7	Either (or both) of the following: (a) strawberries; (b) berries to which Part 25 of Schedule 22 to the Primary Industries Levies and Charges Collection Regulations 1991 applies	5
8	Leafy vegetables	10
9	Vegetables other than leafy vegetables	100

(3)  For subsection (1), a person is a grower of relevant horticultural products if the person:

(a)  has a right to, or interest in, the horticultural products; and

(b)  contributes labour and capital to the production and preparation of the horticultural products.

(4)  An application by the occupier, or (if applicable) the occupiers, of a registered establishment under subsection (1) must be accompanied by a written declaration by the occupier, or (if applicable) the occupiers, stating the matters referred to in paragraphs (1)(a) to (d).

(5)  The Secretary may request, in writing, further information from an applicant that the Secretary considers is relevant to making a decision whether or not to make a determination under subsection (6).

(6)  The Secretary may determine, in writing, that a registered establishment is a small horticultural products registered establishment for a financial year if:

(a)  an application is made under subsection (1) by the occupier, or (if applicable) the occupiers, of the establishment; and

(b)  the application is accompanied by a declaration in accordance with subsection (4); and

(c)  the Secretary is satisfied that the declaration is correct.

Note:          A decision to refuse to make a determination under this subsection is reviewable under Part 16 of the General Order.

(7)  For the purpose of deciding whether to make a determination under subsection (6) in relation to a registered establishment for a financial year, the Secretary may take into account:

(a)  the amount (in tonnes) of the relevant horticultural products produced and prepared at the registered establishment for export in previous financial years; and

(b)  any other relevant information.

Note:          If a determination is in force for a registered establishment for a financial year under subsection (6), the charge payable in relation to the registered establishment for the financial year, under the Export Charges (Imposition—General) Regulation 2015 or the Export Charges (Imposition—Customs) Regulation 2015, is the charge set out in item 4 of the table in subsection 11(1) of the relevant regulation.