Export Control (Plants and Plant Products) Amendment (Small Horticultural Products Registered Establishments) Order 2017 (Cth)

Export Control (Plants and Plant Products) Amendment (Small Horticultural Products Registered Establishments) Order 2017

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

Dated 31 May 2017

Barnaby Joyce

Deputy Prime Minister and 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 instrument is the Export Control (Plants and Plant Products) Amendment (Small Horticultural Products Registered Establishments) Order 2017.

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	The day after this instrument is registered.	1 June 2017

Note:          This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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:

avocado has the same meaning as in Part 4 of Schedule 22 to the Primary Industries Levies and Charges Collection Regulations 1991.

cut flowers includes processed cut flowers.

horticultural products has the same meaning as in the Export Charges (Imposition—Customs) Regulation 2015.

kiwi fruit means a fruit of the species Actinidia deliciosa.

melon has the same meaning as in Part 31 of Schedule 22 to the Primary Industries Levies and Charges Collection Regulations 1991.

2  Subsection 13A(1)

Omit “of a registered establishment”, substitute “of an establishment”.

3  Paragraph 13A(1)(a)

Repeal the paragraph, substitute:

(a)  the establishment is to be used, in the relevant financial year, only for operations associated with the production and preparation for export of one or more kinds of horticultural products (the relevant horticultural products) referred to in column 1 of the table in subsection (2); and

4  Paragraphs 13A(1)(c) and (d)

Repeal the paragraphs, substitute:

(c)  either:

(i)  for an application in relation to a registered establishment—the occupier is not, or (if applicable) none of the occupiers are, an occupier in relation to any other registered establishment; or

(ii)  for an application in relation to an establishment that is not a registered establishment—the occupier is not, or (if applicable) none of the occupiers are, an occupier in relation to a registered establishment; and

(d)  the total amount of a kind of horticultural product referred to in column 1 of any of items 1 to 13 of the table in subsection (2) that are to be produced and prepared at the establishment for export in the relevant financial year will not exceed the total amount referred to in column 2 of the item relating to that kind of horticultural product; and

(e)  the total amount of all horticultural products, other than those referred to in column 1 of any of items 1 to 13 of the table in subsection (2), that are to be produced and prepared at the establishment for export in the relevant financial year will not exceed the total amount referred to in column 2 of item 14 of that table.

5  After subsection 13A(1)

Insert:

(1A)  If the occupier, or (if applicable) the occupiers, of an establishment that is not a registered establishment wish to make an application in relation to the establishment under subsection (1), the application must be made at the same time as the application for registration of the establishment is made.

Note:          See Schedule 3 to this Order and Part 4 of the General Order in relation to applications for registration of an establishment.

6  Paragraph 13A(2)(b)

Omit “paragraph (1)(d)”, substitute “paragraphs (1)(d) and (e)”.

7  Subsection 13A(2) (table)

Repeal the table, substitute:

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	Melons	10
8	Avocados	5
9	Kiwi fruit	5
10	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
11	Leafy vegetables	10
12	Vegetables other than leafy vegetables	100
13	Cut flowers	5
14	All other kinds of horticultural products	5

8  Subsection 13A(4)

Omit “a registered establishment”, substitute “an establishment”.

9  Subsection 13A(4)

Omit “paragraphs (1)(a) to (d)”, substitute “paragraphs (1)(a) to (e)”.

10  Paragraph 13A(7)(a)

Omit “registered”.