Export Control (Plants and Plant Products) Orders 2005 (Cth)

Export Control (Plants and Plant Products) Orders 2005

as amended

made under regulation 3 of the

Export Control (Orders) Regulations 1982

This compilation was prepared on 1 November 2007
taking into account amendments up to Export Control (Plants and Plant Products) Amendment Orders 2007 (No. 1)

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

Contents

Part 1Preliminary

1Name of Orders [see Note 1] 6

2Commencement 6

3Application 6

4Interpretation 6

Part 2Prohibition on export of prescribed goods

5Prohibition 10

6Certain provisions of Prescribed Goods (General) Orders to apply 10

Part 3Registered establishments

7Construction and other requirements for registered establishments 11

8Preparation, etc in registered establishment 11

Part 4Product standards and trade descriptions

9Prescribed goods to comply with product standards 12

10Trade description to contain certain information 12

11Grade description for goods other than horticulture produce 13

12Product standards and trade descriptions for dried fruits 13

13Packaging standards and trade descriptions for fresh fruits and fresh vegetables 13

14General requirements for packaging 13

14APackaging requirements for mung beans 13

15Records of dates of packaging 14

16Fruit, vegetables and dried fruit not fit for human consumption 14

Part 5Export clearance

Division IShip surveys — prescribed grain and prescribed goods for consumption

17Interpretation 15

18Arrangements for ship to be surveyed before loading 15

19Marine surveyor to be appointed by shipowner or agent and approved by exporter 15

20Acceptance of marine surveyor’s certificate 15

21Obligations of marine surveyor 15

Division 2Loading permits

Subdivision A Ships

22Loading permit to be obtained 16

23Application for loading permit 16

24Information required for loading permit 16

25Issue of loading permit 16

26Validity of loading permit 17

27Suspension or cancellation of loading permit if conditions change after inspection 17

28Surrender of loading permit 17

Subdivision B Container system units

29Permission to load to be obtained 18

30Application for permission to load 18

31Information required for permission to load 18

32Issue of permission to load 18

33Validity of permission to load 19

34Cancellation of permission to load if conditions change after inspection 19

35Surrender of permission to load 19

36Sealing and identification of empty container system units 19

37Loading of container system units in absence of approved inspector 20

Division 3Notice of intention and export permit

38Application 20

39Giving of notice 20

40Form of notice and accompanying information and declaration 20

41Information in notice 21

42Exporter to be responsible for goods 22

43Certificates of analysis 22

44Inspection and certification 22

45Alteration of notice after certification 22

46Export permit 23

Part 6Electronic communications

47Electronic communications 24

Part 7Certification

48Certificate as to condition in respect of grain, fresh fruits, fresh vegetables or dried fruits 25

49Certificates and other information 25

50Goods to be re‑inspected 25

Part 8Transport of certain horticulture produce

51Transport of dried fruits 26

52Transport of fresh fruits or fresh vegetables 26

Part 9Horticulture produce unsuitable for export

53Resubmission of rejected goods 27

54Segregation of goods 27

Part 10Approved arrangements

Division 1Approval of arrangements

55Application for approval 28

56Assessment of application and Secretary’s decision 28

57When the Secretary may approve the arrangement 28

58Notice of decision not to approve an arrangement 29

59Approved arrangement may be subject to conditions 29

Division 2Variation of approved arrangement

60Variations to be recorded 29

61Variations requiring notification and approval 30

62Variations required by the Secretary 30

63When an arrangement includes a variation 31

Division 3Suspension and revocation

64Grounds for suspension or revocation 31

65Notice of suspension or revocation 32

66Revocation of suspended arrangement 32

67Termination 32

68Secretary may require action to be taken 32

69Action in relation to prescribed goods 33

70When an approved arrangement ceases to have effect 33

Division 4Audit

71Secretary may require audits 33

Part 11Repeal and transitional

72Repeal of orders 34

73Transitional 34

Schedule 1Marine surveyors’ qualifications 35

Schedule 2Requirements for registered establishments for prescribed goods other than dried fruits 36

Part 1General 38

Part 2Bulk commodity terminals 39

Part 3Export packing facilities for goods other than fresh fruits or fresh vegetables 40

Part 4Small export packing facilities 41

Part 5Structural, operational and hygiene requirements for establishments preparing fresh fruits or vegetables 42

Division 1Structural requirements 42

Division 2Operational and hygiene requirements 43

Schedule 3Requirements for registered establishments for dried fruits 45

Part 1Construction requirements 47

Part 2Operation requirements 55

Schedule 3A Requirements for registered establishments for mung beans 59

Schedule 4Packaging standards and trade descriptions for fresh fruits and fresh vegetables 63

Schedule 5Inspection and treatment requirements for ships and container system units 64

Part 1Ship inspection 67

Part 2Container system unit inspection 81

Schedule 6Inspection of prescribed grain and certain other prescribed goods for which phytosanitary certificate required 84

Part 1Preliminary 86

Part 2Relevant goods in bulk 87

Part 3Relevant goods in bulk being loaded into container system units 91

Part 4Bagged relevant goods being loaded into ships’ holds 93

Part 5Bagged relevant goods being loaded into container system units 94

Part 6Relevant goods inspected for phytosanitary certification 95

Part 7Treatment of rejected relevant goods 95

Schedule 6A Inspection procedures for mung beans 97

Part 1General 99

Part 2Bagged mung beans 100

Part 3Mung beans in bulk 102

Division 1Mung beans in bulk being loaded into ships’ holds 102

Division 2Mung beans in bulk being loaded into container system units 107

Part 4Inspection of mung beans for phytosanitary certification 108

Part 5Treatment or cleaning of mung beans and their re-presentation 109

Schedule 7Requirements relating to issuing of phytosanitary certificate 110

Notes 116

Part 1 Preliminary

Name of Orders [see Note 1]

These Orders are the Export Control (Plants and Plant Products) Orders 2005.

Commencement

These Orders commence on 1 July 2005.

Application

3.1 These Orders apply to the following goods:

(a) fresh fruits;

(b) fresh vegetables;

(c) dried fruits;

(d) prescribed grain;

(da) mung beans;

(e) plants or plant products (other than plants or plant products referred to in paragraph (a), (b), (c), (d) or (da)) for which a phytosanitary certificate or any other official certificate is required by an importing country authority.

3.2 Goods to which these Orders apply are declared to be prescribed goods for the purposes of the definition of prescribed goods in section 3 of the Act.

Interpretation

4.1 In these Orders, unless the contrary intention appears:

approved means approved by the Secretary by instrument in writing.

approved arrangement means an arrangement approved under Part 10.

approved inspector means:

(a) an authorised officer; or

(b) a suitably trained person approved to undertake inspection and certification activities under an approved arrangement.

Australia New Zealand Food Standards Code has the same meaning as in the Food Standards Australia New Zealand Act 1991.

barley means whole grain of Hordeum vulgare (whether 2‑row or 6‑row), but does not include hulled, milled or malted grain of that kind.

canola means whole seed of Brassica napus var. napus cv. ‘Canola’.

chickpeas means seed (whole or split) of Cicer arietinum.

consignment means a quantity of prescribed goods assembled at the same place and intended for export at the same time to a particular importing country.

container includes a silo, bin or ship’s hold in which prescribed goods are stored.

container system unit means a container (including a lift van but not including a vehicle) designed for use as a unit of cargo handling equipment in the transport of prescribed goods by aircraft or ship.

contaminant means foreign matter.

cut flower means the aboveground part of a plant, whether the part is fresh or dried, for ornamental or decorative use and not for propagation or consumption.

disease means any abnormal condition of, or in, prescribed goods arising from, caused by or due to the presence, operation, development or growth of any insect, fungus, bacterium, parvo‑virus, virus or other parasite.

dried field peas means dried seeds of the species Pisum sativum that are angular or spherical in shape, with an unwrinkled skin and not of the varieties known as processing peas, vegetable peas, garden peas or peas in pod.

dried fruit product means a product that contains 50 per cent or more, by weight, of dried fruit.

dried fruits means fruit (including tomatoes but excluding prunes) from which part of the natural moisture content has been removed by means of evaporation or dehydration, and includes dried fruit products.

faba beans means seed (whole or split) of Vicia faba.

facility means a silo, wharf or other premises or land, including a part of premises or land, in which prescribed goods presented for export are stored, treated, loaded, handled or inspected.

fogging means a high volume treatment for pests using an insecticide applied by means of equipment that breaks the insecticide droplets into minute particles to create a fog.

foreign matter means any substance, whether organic or inorganic, that is included in, on or with prescribed goods, and includes soil, leaves or stems.

fresh, in relation to fruits or vegetables, means fruits or vegetables that have not been canned, frozen, dried or processed in any other manner that changes their basic characteristics.

fresh vegetables includes herbs, mushrooms, cured onions and sprouts.

fumigation means treatment with poisonous gas, not including the use of contact insecticides propelled by carbon dioxides, smoke generators, fogging or spraying.

horticulture produce means fresh fruits, fresh vegetables, dried fruits, nursery stock or cut flowers.

IPPC means the International Plant Protection Convention of the Food and Agriculture Organisation of the United Nations.

lentils means seed (whole or split) of Lens culinaris.

lupins means seed (whole or split) of Lupinus angustifolius or Lupinus albus.

marine surveyor means a surveyor having the minimum qualifications and experience specified in Schedule 1.

master means the master of a ship into which prescribed goods are intended to be loaded.

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

nursery stock means plant products (not including seeds) intended for propagation, including entire plants, budwood, cuttings, slips, setts, bulbs, corms, rhizomes, tubers, tissue cultures, marcots and seedlings.

oats means grain (whole or clipped) of Avena sativa or Avena strigosa (but does not include rolled, crushed, milled, hulled or kiln‑dried grain of that kind).

occupier:

(a) in relation to a registered establishment, means the person in whose name an establishment used to prepare prescribed goods for export is registered; and

(b) in relation to an unregistered establishment, means the person in charge of operations at the establishment.

package means the principal covering in which prescribed goods are packed.

pest means a live or viable species, strain or biotype of plant or animal life, or a pathogenic agent, that is injurious or potentially injurious to plants or plant products.

phytosanitary certificate means a certificate issued in accordance with Article V of the IPPC or at the request of a foreign country authority.

plants means members, alive or dead, of the plant kingdom and includes seeds.

plant products means material of plant or grain origin and includes seeds.

potable water means water that complies with the World Health Organisation, ‘International Standards for Drinking Water (1971)’.

prescribed goods means goods to which, by virtue of suborder 3.1, these Orders apply.

Note See order 3.

prescribed goods for consumption means:

(a) mung beans; or

(b) any other prescribed goods that may be consumed by humans or livestock either with or without further processing.

prescribed grain means seed or grain of any of the following kinds: barley, canola, chickpeas, dried field peas, faba beans, lentils, lupins, oats, sorghum, soybeans, split vetch, whole vetch, wheat.

re‑export phytosanitary certificate means a certificate issued in accordance with Article V of the IPPC or at the request of a foreign country authority for the purpose of re‑export.

registered establishment means premises registered under the Export Control (Prescribed Goods — General) Order 2005.

sorghum means whole unmilled seed of Sorghum bicolor.

soybeans means whole unmilled seed of Glycine max.

split vetch means split seed of Vicia sativa.

spraying means a high‑volume treatment using either an oil or water‑based formulation of an insecticide.

treatment means:

(a) any dismantling, repairing, cleaning or deodorising; or

(b) the application of any substance; or

(c) fumigation;

that is necessary for the control or eradication of pests.

wheat means whole unmilled grain of Triticum aestivum or Triticum durum.

whole vetch means whole seed of Vicia sativa.

4.2 A reference to a species of plant in a definition of a kind of grain in suborder 4.1 includes every cultivated subspecies, variety and cultivar of the species and every cross of which a plant of the species is a parent, unless the definition limits the reference to a particular subspecies, cultivar or cross.

4.3 If in these Orders the words ‘Penal provision’ are set out at the foot of a provision of an order, the provision is taken to provide that it is a penal provision for the purposes of subregulation 4 (1) of the Export Control (Orders) Regulations 1982 and, if that provision specifies that it is a penal provision of a particular level, the applicable penalty is that specified in that subregulation.

Note The offence created by such a penal provision is one of strict liability. See subregulation 4 (2) of the Export Control (Orders) Regulations 1982. For strict liability, see section 6.1 of the Criminal Code Act 1995.

Part 2 Prohibition on export of prescribed goods

Prohibition

5.1 The export of prescribed goods (other than split vetch) is prohibited unless:

(a) the conditions or restrictions specified in these Orders are complied with; or

(b) the goods have been prepared in accordance with an approved arrangement.

5.2 The export of split vetch is prohibited absolutely.

Note Subsection 8 (1) of the Export Control Act 1982 makes it an offence for a person to export prescribed goods the export of which is prohibited, and subsection 8 (3) makes it an offence for a person to export prescribed goods in contravention of the applicable conditions or restrictions (see sections 17 and 18 of the Act).

Certain provisions of Prescribed Goods (General) Orders to apply

6.1 Parts 4, 13, 14, 16 and 17 of the Export Control (Prescribed Goods — General) Order 2005 apply to prescribed goods.

6.2 For the avoidance of doubt it is declared that an exemption from specified orders of these Orders may be sought and granted under Part 3 of the
Export Control (Prescribed Goods — General) Order 2005 in relation to prescribed goods.

Part 3 Registered establishments

Construction and other requirements for registered establishments

7.1 Schedule 2 applies in relation to registered establishments, or establishments in relation to which registration is sought, for the preparation or inspection of prescribed goods other than dried fruits or mung beans.

7.2 Schedule 3 applies in relation to registered establishments, or establishments in relation to which registration is sought, for the preparation or inspection of dried fruits.

7.3 Schedule 3A applies in relation to registered establishments, or establishments in relation to which registration is sought, for the preparation or inspection of mung beans.

Note Section 3 of the Export Control Act 1982 contains a definition of preparation in relation to prescribed goods.

8 Preparation, etc in registered establishment

Prescribed goods must be prepared and presented for inspection in a registered establishment.

Part 4 Product standards and trade descriptions

Prescribed goods to comply with product standards

Prescribed goods must:

(a) be free, in inspected samples, of pests, including any pest for which a declaration of freedom is required by a foreign country authority; and

(b) contain no contaminants above the relevant levels specified in these Orders; and

(c) not be loaded after inspection into containers or container system units unless they are clean and free from pests and contaminants; and

(d) not be loaded after inspection into containers or container system units with other goods that may cross‑infest or cross‑infect the prescribed goods.

Trade description to contain certain information

10.1 When a trade description is applied to prescribed goods, the export of those goods is prohibited unless that trade description is adequate and accurate.

10.1A For the purposes of suborder 10.1, a trade description applied to goods is taken to be adequate if it:

(a) contains sufficient information to enable the goods to be readily identified; and

(b) is not ambiguous or unclear; and

(c) satisfies any particular requirements under these Orders relating to the application of trade descriptions.

10.1B For the purposes of suborder 10.1, a trade description applied to goods is taken to be accurate if it correctly describes the goods.

10.2 The trade description applied to horticulture produce (other than nursery stock and cut flowers) must contain sufficient information to enable importing country authorities to clear the goods and must set out in prominent and legible characters:

(a) the net contents; and

(b) the date of packaging or processing; and

(c) the country of origin shown as:

(i) ‘PRODUCT OF AUSTRALIA’; or

(ii) ‘PRODUCE OF AUSTRALIA’; or

(iii) ‘AUSTRALIAN PRODUCT’; or

(iv) ‘PRODUCED IN AUSTRALIA’; or

(v) ‘MADE IN AUSTRALIA’; or

(vi) ‘AUSTRALIAN’ conjoined with the name of the goods; or

(vii) such other captions that clearly indicate Australia as the country where the goods originated or last underwent preparation that changed their nature; and

(d) the number allotted to the registered establishment in which processing last occurred; and

(e) the name and address of the manufacturer, producer, exporter or consignee; and

(f) any other information specified in these Orders in relation to the goods.

10.3 In the case of bagged mung beans, each bag must have attached to it, or printed on it, the registration number of the establishment where the mung beans were prepared and the lot number of the mung beans.

Grade description for goods other than horticulture produce

When size, quality or colour grading designations are applied to prescribed goods (other than horticulture produce) in a trade description, they must be readily understandable.

Product standards and trade descriptions for dried fruits

In addition to complying with other applicable requirements of this Part, dried fruits must conform with the Australia New Zealand Food Standards Code.

Packaging standards and trade descriptions for fresh fruits and fresh vegetables

In addition to complying with other applicable requirements of this Part, fresh fruits and fresh vegetables must comply with the requirements of Schedule 4.

General requirements for packaging

Subject to these Orders, materials to be used as packaging materials for prescribed goods and other materials applied to prescribed goods at the time of packaging:

(a) must not have been previously used or, if previously used and intended for repeated use, must have been cleaned and reconditioned to the satisfaction of an authorised officer; and

(b) must be used in a manner that is unlikely to place the acceptability of the prescribed goods at risk; and

(c) must be sufficiently strong to withstand the handling ordinarily incurred by the materials during transit to the final destination; and

(d) must be otherwise appropriate to the goods.

14A Packaging requirements for mung beans

In addition to complying with order 14, packaging materials for mung beans must adequately protect the mung beans from contamination.

Records of dates of packaging

If prescribed goods originate from different registered establishments and are repacked at another registered establishment, the occupier of that other registered establishment must maintain a record of:

(a) the packing dates; and

(b) the establishments at which the goods were originally packed.

Fruit, vegetables and dried fruit not fit for human consumption

Fresh fruits, fresh vegetables and dried fruits that are not fit for human consumption must be clearly marked as not fit for human consumption.

Part 5 Export clearance

Division I Ship surveys — prescribed grain and prescribed goods for consumption

Interpretation

In this Division, relevant goods means prescribed grain and prescribed goods for consumption (excluding horticulture produce) for loading into a ship in bulk or bags.

Arrangements for ship to be surveyed before loading

The master of a ship into which it is intended to load relevant goods must, before loading commences, arrange for the ship to be surveyed by a marine surveyor.

Marine surveyor to be appointed by shipowner or agent and approved by exporter

19.1 When relevant goods are to be loaded into a ship, the shipowner or shipowner’s agent must provide an authorised officer with a declaration, approved by the exporter of the goods, that a specified marine surveyor has been appointed to survey the ship for the purpose of ensuring that the ship is suitable to carry the goods.

19.2 Suborder 19.1 is complied with if the declaration lists more than one appointed marine surveyor.

Acceptance of marine surveyor’s certificate

For the purpose of issuing a loading permit under order 25, an authorised officer may accept a certificate referred to in order 21 only if the name of the marine surveyor issuing the certificate appears in a declaration under order 19.

Obligations of marine surveyor

A marine surveyor appointed under order 19 must survey the ship paying particular regard to freedom from conditions that could result in contaminating, wetting or imparting an odour to relevant goods, and, if the marine surveyor is satisfied as to the suitability of the ship to carry the goods, the marine surveyor must furnish to the master of the ship and to an authorised officer a certificate to that effect.

Level 4 penal provision

Division 2 Loading permits

Subdivision A Ships

Loading permit to be obtained

22.1 Subject to suborder 22.2, a loading permit must be obtained before prescribed goods can be loaded into a ship.

22.2 A loading permit is not required if the quantity of the prescribed goods to be loaded is less than 500 tonnes.

Application for loading permit

Subject to suborder 22.2, a person who intends to load a ship with prescribed goods must make application to an authorised officer for a loading permit, being an application containing the information specified in order 24 relating to the goods.

Information required for loading permit

The following information is required to be given in an application for a loading permit:

(a) the name of the ship;

(b) the name and address of the shipowner or shipowner’s agent;

(c) the name and address of the person requesting the loading permit if different from that required under paragraph (b);

(d) the expected time of arrival of the ship at the port where the ship is to be inspected and the name of that port;

(e) the loading ports and berths;

(f) the cargo spaces into which the goods are to be loaded;

(g) a description of the goods that includes the quantity and whether in bulk, bagged or in another form of packaging, the destination and the proposed time of loading;

(h) if goods other than prescribed goods (including bags) are to be loaded into the ship with the prescribed goods, a description of the goods (including their mass) and where they can be inspected prior to loading.

Issue of loading permit

25.1 When an application is made under order 23, an authorised officer must inspect the ship in accordance with procedures specified in Part 1 of Schedule 5 to ensure that:

(a) the cargo spaces and other parts of the ship, or any cargo already loaded in the ship, are not likely to infest or infect the goods with pests; and

(b) no material is present in the cargo spaces or other parts of the ship that is likely to harbour pests.

25.2 If:

(a) the results of the inspection are satisfactory; and

(b) in a case where the goods to be loaded are relevant goods within the meaning of Division 1 — the authorised officer has been given a certificate issued by a marine surveyor in accordance with order 21;

the authorised officer must issue a loading permit, in writing, to the person who made the application.

25.3 Subject to suborder 25.4, if the results of the inspection are not satisfactory, the authorised officer must advise the master of the ship that the ship is not to be used for the export of prescribed goods and may order treatment in accordance with Part 1 of Schedule 5 to be carried out.

25.4 If, on an inspection, an authorised officer finds live insects of Trogoderma spp in any part of a ship, the authorised officer must advise the master of the ship that the ship is not to be used for the export of prescribed goods and may order treatment in accordance with procedures specified in Part 1 of Schedule 5 for the control of Trogoderma spp.

25.5 Upon receipt of an advice under suborder 25.3 or 25.4, the master of the ship may treat the ship in accordance with the procedures specified in Part 1 of Schedule 5 and may, upon completion of the treatment, request that the ship be reinspected.

25.6 If upon subsequent inspection an authorised officer is not satisfied as to the efficacy of the treatment ordered under suborder 25.3 or 25.4, the authorised officer may re‑order treatment.

Validity of loading permit

A loading permit issued in accordance with order 25 is valid for a period of 28 days after the date upon which it was issued.

Suspension or cancellation of loading permit if conditions change after inspection

27.1 If an authorised officer has reasonable cause to believe that, since the issue of a loading permit, the conditions on the ship have changed, the authorised officer may suspend the loading permit.

27.2 Following that suspension, an authorised officer may inspect the ship and if, having regard to its condition, the authorised officer is satisfied that a condition or restriction applicable to the prescribed goods has not been complied with, the authorised officer must cancel the loading permit.

Surrender of loading permit

If a loading permit is suspended or cancelled in accordance with order 27, the person to whom the permit was issued must forthwith surrender the loading permit and any copy of the permit in his or her possession to an authorised officer.

Level 4 penal provision

Subdivision B Container system units

Permission to load to be obtained

29.1 Subject to suborder 29.2, a permission to load must be obtained before prescribed goods can be loaded into a container system unit.

29.2 A permission to load is not required if the quantity of the prescribed goods to be loaded is less than 10 tonnes.

Application for permission to load

Subject to suborder 29.2, a person who intends to load a container system unit with prescribed goods must apply to an approved inspector for a permission to load.

Information required for permission to load

The application for a permission to load must include the following information:

(a) the name and address of the person requesting the permission to load;

(b) the number of container system units to be inspected;

(c) the place at which the container system unit or units are to be inspected;

(d) the goods to be loaded into the container system unit or units (if known).

Issue of permission to load

32.1 When an application under order 30 is received, an approved inspector must inspect the container system unit in accordance with procedures specified in Part 2 of Schedule 5 to ensure that:

(a) the container system unit, or any cargo already loaded into the container system unit, is not likely to infest or infect the goods with pests; and

(b) no material is present in the container system unit that is likely to harbour pests; and

(c) if the goods are prescribed grain or prescribed goods for consumption — no material is present in the unit that is likely to contaminate them; and

(d) in any other case — the unit is not in a condition that could result in the infestation or infection of the goods.

32.2 If the results of the inspection are satisfactory, the approved inspector must issue a permission to load, in writing, to the person who lodged the application.

32.3 Subject to suborder 32.4, if the results of the inspection are not satisfactory, the approved inspector must advise the person responsible for the container system unit that the unit is not to be used for the export of prescribed goods and may order treatment in accordance with Part 2 of Schedule 5 to be carried out.

32.4 If, on an inspection, an approved inspector finds live insects of Trogoderma spp in any part of a container system unit, the approved inspector must advise the person responsible for the container system unit that it is not to be used for the export of prescribed goods and may order treatment in accordance with procedures specified in Part 2 of Schedule 5 for the control of Trogoderma spp.

32.5Upon receipt of an advice under suborder 32.3 or 32.4, the person responsible for the container system unit may treat it in accordance with the procedures specified in Part 2 of Schedule 5 and may, upon completion of the treatment, request that the container system unit be re‑inspected.

32.6 If upon subsequent inspection an approved inspector is not satisfied as to the efficacy of the treatment ordered under suborder 32.3 or 32.4, the approved inspector may re‑order treatment.

Validity of permission to load

A permission to load issued in accordance with order 32 is valid for a period of 28 days after the date upon which it was issued.

Cancellation of permission to load if conditions change after inspection

If an authorised officer, or the approved inspector who issued the permission to load, has reasonable cause to believe that, since the issue of the permission to load, the conditions on the container system unit have changed, the authorised officer or the approved inspector may cancel the permission to load.

Surrender of permission to load

If a permission to load is cancelled in accordance with order 34, the person to whom the permission to load was issued must forthwith surrender the permission to load and any copy of the permission in his or her possession to an authorised officer or to the approved inspector who issued the permission.

Level 4 penal provision

Sealing and identification of empty container system units

An empty container system unit that is inspected and subsequently transferred elsewhere for loading must:

(a) be sealed after inspection by an approved inspector; and

(b) have applied to it after inspection an inspection sticker to identify it as having been inspected.

Loading of container system units in absence of approved inspector

If, in accordance with order 36, a container system unit has been sealed after inspection and the unit is to be loaded at its destination in the absence of an approved inspector, the person responsible for the prescribed goods that are to be loaded into the unit:

(a) must not accept delivery of the unit unless the seal is intact and the inspection sticker is present; and

(b) must not remove or obliterate the inspection sticker.

Level 2 penal provision

Division 3 Notice of intention and export permit

Application

This Division does not apply to prescribed goods covered by paragraph
3.1 (e), other than nursery stock and cut flowers.

39 Giving of notice

39.1 For the purposes of section 6 of the Act, notice of intention to export prescribed goods must be given to an authorised officer by a person who intends to export the goods:

(a) in the case of export by ship — not less than 3 clear working days before the date on which it is intended to export the goods; and

(b) in the case of export by aircraft — in sufficient time to allow the notice of intention to be certified by an authorised officer and the export permit granted before the loading of the aircraft.

39.2 If goods can be inspected in sufficient time to allow the notice of intention to be certified by an authorised officer before the loading of the ship, an authorised officer may waive the 3‑day period specified in paragraph 39.1 (a).

Form of notice and accompanying information and declaration

The notice of intention to export given in accordance with order 39 and the information and declaration specified in order 41 must:

(a) be in an approved form; and

(b) be completed by the exporter or an agent of the exporter in a manner that will enable an authorised officer to identify the goods.

Information in notice

41.1 When a person gives notice of intention to export prescribed goods in accordance with order 39, the person must, if the information is available and in any case before the grant of an export permit, provide the following information:

(a) the name and address of the person who intends to export the goods;

(b) the name and address of the consignee or the words ‘to order’;

(c) the intended port of loading of the goods;

(d) the intended ship and voyage number or airline flight number;

(e) the intended date of departure of the ship or aircraft onto which the goods are to be loaded;

(f) the intended port of discharge of the goods;

(g) if the country of origin of the goods is not Australia, the country of origin;

(h) the country of intended final destination of the goods;

(i) the place where the goods can be inspected;

(j) the date on which the goods can be inspected;

(k) in the case of prescribed grain — the date the grain is to be loaded if different from the date of departure of the ship or aircraft and, if the grain is shipped in bulk, the time at which it is to be loaded;

(l) if a certificate is to be sought in respect of the goods, the State or Territory in which the application for the certificate will be made;

(m) the number allotted to the registered establishment in which processing last occurred;

(n) the shipping or other identifying marks relating to the goods;

(o) if available, any identification number that appears on a container system unit and, in relation to that unit, an indication of the goods it will contain;

(p) the number and kind of packages;

(q) a true description of the goods;

(r) if the number of packages declared under paragraph (p) is:

(i) different from the number of packages passed for export, the number of packages that were passed; or

(ii) the same as the number of packages passed for export, the words ‘as submitted’;

(s) the quantity of goods available for inspection;

(t) any other information required by the Secretary.

41.2 The notice of intention to export must include a declaration by the person giving notice that:

(a) orders that apply to the goods have been complied with; and

(b) the information contained in the notice is true and correct; and

(c) any conditions or restrictions imposed by the importing country in relation to the goods have been complied with.

Exporter to be responsible for goods

The person whose name and address is declared in accordance with paragraph 41.1 (a) is responsible for ensuring that orders that apply to the prescribed goods are complied with from the time the declaration specified in suborder 41.2 is made until the time the goods are exported.

Certificates of analysis

43.1 The owner, processor or exporter of prescribed goods, or an agent of any of them, must provide to an authorised officer, at the time of inspection of the goods, such certificates of analysis in respect of the goods as are determined by the Secretary.

43.2 If, in accordance with suborder 43.1, the Secretary permits the analysis of a sample, the analysis must be made in accordance with an approved method.

Inspection and certification

When notice of intention to export prescribed goods has been given to an authorised officer in accordance with order 39, an authorised officer may inspect the goods, and, if the officer has reasonable grounds to believe that orders that apply to those goods have been complied with, an authorised officer must:

(a) certify to this effect on the notice of intention; and

(b) arrange for any identification number that appears on a container system unit to be entered on the notice of intention if the number is not already on the notice; and

(c) if an official mark, the design of which is specified in Part 13 of the Export Control (Prescribed Goods — General) Order 2005, is applied to a container system unit, arrange for the number of the official mark applied to the unit to be entered on the notice of intention adjacent to the number of that unit.

Alteration of notice after certification

45.1 If a notice of intention to export prescribed goods has been certified in accordance with order 44, a person must not alter, add to or delete information contained in that notice except in accordance with suborder 45.2.

Level 2 penal provision

45.2 If a notice of intention in respect of prescribed goods has been certified in accordance with order 44 and any matter (information of which is contained in that notice) changes, the information in the notice relating to that matter may be altered but the person making that alteration must submit it for endorsement by an authorised officer.

Level 2 penal provision

45.3 If an alteration made in accordance with suborder 45.2 involves a change to the name and address of the exporter, an authorised officer must not endorse the altered information unless the exporter has provided to the officer a statement, in an approved form, declaring that the requirements of the Act and orders have been complied with and that details of the exporter’s name and address contained in the statement are true and correct.

Export permit

46.1 Part 6 of the Export Control (Prescribed Goods — General) Order 2005 applies in relation to the grant of an export permit in respect of prescribed goods.

46.1A The export of prescribed goods is prohibited unless an export permit for the export of the goods is in force.

Note As to the period of validity of permits and the circumstances in which permits may be revoked, see sections 6.04 and 6.05 of the Export Control (Prescribed Goods — General) Order 2005.

46.2 In exceptional circumstances, the Secretary may permit the issue of a duplicate export permit in relation to prescribed grain after issue of an export permit in accordance with Part 6 of the Export Control (Prescribed Goods — General) Order 2005.

Part 6 Electronic communications

Electronic communications

Note This order is reserved for future use.

Part 7 Certification

Certificate as to condition in respect of grain, fresh fruits, fresh vegetables or dried fruits

If an exporter requires a certificate as to the condition of grain, fresh fruits, fresh vegetables, dried fruits or mung beans in respect of which an export permit has been granted, the export permit is taken to be that certificate, except where separate certification is required to meet the requirements of an importing country authority.

Certificates and other information

49.1 If a certificate is required, an exporter must submit to an authorised officer:

(a) such information in relation to prescribed goods as the authorised officer requires; and

(b) a declaration of where and when the goods may be inspected; and

(c) any necessary certificates of analysis.

49.2 In relation to all prescribed goods for which a phytosanitary certificate is required, an exporter must, at the time the notice of intention to export is submitted, provide to an authorised officer details of all requirements that are to be certified on the certificate.

49.3 In relation to:

(a) prescribed grain; and

(b) other prescribed goods, being seeds, stockfeed and woodchips, for which a phytosanitary certificate is required;

inspection must be carried out in accordance with the requirements of Schedule 6.

49.3A In relation to mung beans, inspection must be carried out in accordance with the requirements of Schedule 6A.

49.4 Schedule 7 sets out requirements relating to the issuing of phytosanitary certificates.

49.5 A person other than an authorised officer must not issue a phytosanitary certificate or a document purporting to be a phytosanitary certificate.

Level 5 penal provision

Goods to be re‑inspected

Section 6.09 of the Export Control (Prescribed Goods — General) Order 2005 applies if an authorised officer considers that prescribed goods should be re‑inspected.

Part 8 Transport of certain horticulture produce

Transport of dried fruits

Dried fruits that have been inspected and passed by an authorised officer as suitable for export must not be transported between registered establishments unless an authorised officer has issued a transfer certificate in an approved form or an export permit in accordance with Part 6 of the Export Control (Prescribed Goods — General) Order 2005.

Transport of fresh fruits or fresh vegetables

52.1 If fresh fruits or fresh vegetables are transported between registered establishments, they must be transported in accordance with orders and instructions from an authorised officer.

52.2 If fresh fruits or fresh vegetables are inspected prior to despatch to a central marshalling point where the export permit is to be issued, a transfer certificate and assessment notice for the goods may be issued by an authorised officer.

Part 9 Horticulture produce unsuitable for export

Resubmission of rejected goods

When horticulture produce that has been found by an approved inspector to be unsuitable for export is resubmitted for inspection by an approved inspector, the exporter or packer must advise the approved inspector in writing that the goods are being resubmitted for inspection and must:

(a) indicate the nature of any further preparation, treatment or processing operations that have been undertaken in relation to the produce to render it suitable for export; and

(b) provide evidence that that further preparation, treatment or processing has resulted in the produce being suitable for export; and

(c) hold the produce under such conditions of security as are considered necessary by an approved inspector.

Segregation of goods

Horticulture produce to which order 53 applies must be dealt with in a manner that clearly distinguishes the produce from goods eligible for export.

Part 10 Approved arrangements

Division 1 Approval of arrangements

Application for approval

55.1 A person may apply to the Secretary for approval of an arrangement for the preparation of prescribed goods.

Note By virtue of the definition of ‘preparation’ in section 3 of the Export Control Act 1982, an arrangement can extend to an arrangement relating to the loading of prescribed goods into container system units.

55.2 The arrangement for which approval is sought must:

(a) accompany the application; or

(b) be made available for evaluation by the Secretary.

Assessment of application and Secretary’s decision

56.1 For the purposes of assessing the application, the Secretary must:

(a) evaluate the arrangement in a desk audit; and

(b) conduct an inspection of the establishment, facilities, equipment and services to be used in the operations.

56.2 The Secretary may in order to consider the application request any of the following that the Secretary reasonably requires:

(a) further information or documents of the kind specified by the Secretary;

(b) a demonstration of the operations and procedures to be followed;

(c) the applicant’s consent to the use (at the applicant’s expense) of an appropriately qualified person nominated by the Secretary in any inspection, evaluation or demonstration.

56.3 A decision must be made on whether to approve the arrangement within 60 days after the day the application is given to the Secretary.

56.4 If the Secretary gives the applicant a notice in writing making a request in relation to any matter referred to in suborder 56.2, the period in suborder 56.3 does not include any period between giving the notice and the applicant meeting the request.

When the Secretary may approve the arrangement

The Secretary may, by notice in writing given to the applicant, approve the arrangement if the Secretary is satisfied that:

(a) the arrangement covers each step of the preparation of prescribed goods relevant to the applicant; and

(b) the arrangement contains a Hazard Analysis and Critical Control Point (HACCP) plan or equivalent; and

(c) the arrangement documents the controls used to ensure that the applicable requirements of these Orders are complied with; and

(d) the arrangement identifies the applicable importing country requirements and documents the controls used to ensure compliance with those requirements; and

(e) the arrangement documents any other measures necessary to ensure that there is a sound basis for giving any export permit or issuing any certificate in respect of prescribed goods; and

(f) compliance with the controls specified in the arrangement will ensure that:

(i) the requirements of these Orders will be complied with; and

(ii) the applicable importing country requirements will be complied with; and

(iii) there is a sound basis for giving any export permit or issuing any certificate in respect of prescribed goods.

Notice of decision not to approve an arrangement

58.1 If the Secretary decides not to approve an arrangement, the Secretary must give the applicant notice in writing of the decision.

58.2 The notice must:

(a) set out the reason for the decision; and

(b) tell the applicant of his or her right to apply for reconsideration of the decision.

Note For reconsideration and review of the Secretary’s decision, see Part 16 of the Export Control (Prescribed Goods — General) Order 2005.

Approved arrangement may be subject to conditions

59.1 The Secretary may:

(a) approve an arrangement subject to conditions specified in the notice of approval; and

(b) by notice in writing given to the holder of the approval impose new conditions or vary or revoke the conditions.

59.2 The conditions must be for the purpose of ensuring compliance with the matters specified in paragraph 57 (f).

Division 2 Variation of approved arrangement

Variations to be recorded

The holder of the approval must make a record of each variation of an approved arrangement.

Variations requiring notification and approval

61.1 If a proposed variation (or a proposed variation in combination with other variations) to an arrangement has the potential to adversely affect:

(a) the likelihood of compliance with the requirements of these Orders or an applicable importing country requirement; or

(b) the integrity of prescribed goods; or

(c) an accurate assessment being made as to whether:

(i) there is compliance with requirements of these Orders or an applicable importing country requirement; or

(ii) the integrity of prescribed goods is assured;

the variation must not be implemented unless:

(d) the holder of the approval has applied in writing to the Secretary for approval to vary the arrangement; and

(e) the Secretary gives the holder a notice in writing approving the variation.

61.2 If a proposed variation to an approved arrangement as it identifies persons in management and control or their functions (including as it designates persons who may make declarations or possess, alter, interfere with or apply an official mark) under these Orders, must not be implemented unless:

(a) the holder of the approval has applied in writing to the Secretary for approval to vary the arrangement; and

(b) the Secretary gives the holder a notice in writing approving the variation.

Variations required by the Secretary

62.1 The Secretary may give the holder of the approval a notice in writing requiring the holder to submit a variation of an approved arrangement if:

(a) circumstances relating to the preparation of prescribed goods have changed; or

(b) the Secretary is not satisfied that compliance with the controls specified in the approved arrangement for the preparation of prescribed goods will ensure that the matters specified in paragraph 57 (f) are complied with; or

(c) an applicable importing country authority requirement has changed; or

(d) the holder ceases to be the person in charge of the preparation of prescribed goods.

62.2 The notice must:

(a) specify the variation required; and

(b) specify the period within which the variation must be submitted to the Secretary.

62.3 The Secretary may give the holder of the approval a notice approving the variation submitted.

62.4 The holder of an approval who is given a notice under suborder 62.1 must not fail to submit the variation specified in the notice within the period specified.

When an arrangement includes a variation

63.1 An approved arrangement includes a variation to the arrangement.

63.2 If a variation is of a kind referred to in suborder 61.1, 61.2 or 62.1, then the approved arrangement includes the variation only if the Secretary has given a notice approving the variation in accordance with paragraph 61.1 (e), 61.2 (b) or 62.3 (as the case may be).

Division 3 Suspension and revocation

Grounds for suspension or revocation

64.1 The Secretary may, by giving the holder of the approval a notice in writing, suspend or revoke the approval of an arrangement if:

(a) in the case of an approval relating to the preparation of prescribed goods at an establishment — the registration of the establishment is revoked; or

(b) in the case of any approval — there are reasonable grounds to believe that:

(i) either of the following has not been complied with by the holder of the approval:

(A) a requirement of these Orders;

(B) the approved arrangement or a condition of that arrangement (including an importing country requirement identified in that arrangement); or

(ii) compliance with the controls specified in the approved arrangement is unreliable or not effective in ensuring that the matters specified in paragraph 57 (f) are met; or

(iii) the holder or any other person in management or control of operations has, in an application or other document given to the Secretary or in a document or information that must under a requirement of these Orders or the approved arrangement or a condition of that arrangement be made or given, made a statement:

(A) that is false, misleading, or incomplete; or

(B) for which there is no sound basis for making the statement; or

(iv) the holder has failed to provide such assistance to an authorised officer as is reasonably necessary to enable the officer to perform an audit of operations for the preparation of prescribed goods; or

(v) the holder fails to make available to an authorised officer a document that, under a requirement of these Orders or the approved arrangement or a condition of that arrangement, the holder is required to retain; or

(vi) the holder of the approval ceases to be the person in charge of the operations for the preparation of prescribed goods.

64.2 The Secretary may, by giving the holder of the approval a notice in writing, suspend or revoke the approval of an arrangement at the request of the holder.

64.3 The suspension or revocation of the approval of the arrangement may be:

(a) in full; or

(b) in part, in respect of:

(i) one or more prescribed goods; or

(ii) one or more of the stages of preparation of the goods.

Notice of suspension or revocation

65.1 If the Secretary has suspended or revoked the approval of an arrangement, the Secretary must notify the holder of the approval in writing of:

(a) the reason for the suspension or revocation; and

(b) the holder’s right to apply for reconsideration of the decision to suspend or revoke; and

(c) if the approval has been suspended — the period of the suspension.

Note For reconsideration and review of the Secretary’s decision, see Part 16 of the Export Control (Prescribed Goods — General) Order 2005.

65.2 A period of suspension must not exceed 12 months and may be extended only if the total period does not exceed 12 months.

Revocation of suspended arrangement

66.1 The Secretary may revoke an approval of an arrangement that is suspended despite the fact that the period of suspension has not expired.

66.2 The Secretary may revoke an arrangement that is suspended on grounds that are the same as or similar to the grounds for the suspension.

Termination

The holder of the approval may terminate the holder’s approved arrangement:

(a) in full; or

(b) in part, in respect of:

(i) one or more prescribed goods; or

(ii) one or more of the stages of preparation of the goods,

by giving the Secretary 7 days’ advance notice in writing of the termination.

Secretary may require action to be taken

68.1 If the approval of an arrangement (or part of an arrangement):

(a) is suspended or revoked; or

(b) is terminated;

the Secretary may, by giving the holder of the approval a notice, require the holder to take action within the period specified in the notice in respect of any of the following that are held by the holder:

(c) any official marks; or

(d) any documents or thing the Secretary has issued or given to the holder under these Orders.

68.2 The holder of an approval who is given a notice under suborder 68.1 must take the action specified in the notice within the period specified.

Action in relation to prescribed goods

69.1 If the approval of an arrangement (or part of an arrangement):

(a) is suspended or revoked; or

(b) is terminated;

the Secretary may, by giving the holder of the approval a notice, require the holder to take action within the period specified in the notice in respect of prescribed goods.

69.2 A holder of an approval who is given a notice under suborder 69.1 must take the action specified in the notice within the period specified.

When an approved arrangement ceases to have effect

70.1 An approval of an arrangement (or a part of an arrangement) ceases to have effect if the approval of the arrangement (or that part of the arrangement) is revoked or terminated.

70.2 An approval of an arrangement (or a part of an arrangement) ceases to have effect for the period of its suspension.

Division 4 Audit

Secretary may require audits

The conditions upon which an arrangement is approved may include conditions relating to the auditing by an authorised officer of operations for the preparation of prescribed goods in order to ensure compliance with these Orders and the approved arrangement.

Part 11 Repeal and transitional

Repeal of orders

The following orders are repealed:

Grain, Plants and Plant Products Orders (Orders No. 6 of 1985, as amended);

Export Control (Dried Fruits) Orders (Orders No. 12 of 1987, as amended);

Export Control (Fresh Fruits and Vegetables) Orders (Orders No. 9 of 1987, as amended);

any orders that amended any of the above orders.

Transitional

Despite the repeals effected by order 72, any instrument in force or any approval given under orders referred to in that order remains in force according to its tenor as if it had been made, issued or given under these Orders.

Schedule 1 Marine surveyors’ qualifications

(definition of marine surveyor in order 4)

The qualifications for a marine surveyor are:

(a) he or she must hold a Certificate of Competency as Master Class 1 (Unrestricted) or its current equivalent;

(b) he or she must have inspected at least 10 ships for suitability to carry prescribed grain or prescribed goods for consumption over a maximum period of 2 years while in the company of a marine surveyor having the qualifications referred to in paragraph (a); and

(c) in the 3 years prior to the proposed survey, he or she must have surveyed at least 10 ships for suitability to carry prescribed grain or prescribed goods for consumption.

Schedule 2 Requirements for registered establishments for prescribed goods other than dried fruits

(order 7.1)

TABLE OF CONTENTS

Clause

PART 1 — GENERAL

1 Application for registration

2 Requirements for plans and specifications

3 Alterations, extensions and rearrangements to establishments

4 General servicing requirements

5 Operational conditions

PART 2 — BULK COMMODITY TERMINALS

6 Interpretation

7 Bulk loading facilities

8 Facilities for drawing and inspecting samples

9 Staff amenities

PART 3 — EXPORT PACKING FACILITIES FOR GOODS OTHER THAN FRESH FRUITS OR FRESH VEGETABLES

10 Interpretation and application

11 Container packing facilities

PART 4 — SMALL EXPORT PACKING FACILITIES

12 Interpretation

13 Small facility

PART 5 — STRUCTURAL, OPERATIONAL AND HYGIENE REQUIREMENTS FOR ESTABLISHMENTS PREPARING FRESH FRUITS OR VEGETABLES

Division 1 — Structural requirements

14 General design and construction

15 Preparation equipment requirements

16 General inspection facilities

Division 2 — Operational and hygiene requirements

17 Operation generally

18 Cleaning of establishment

19 Cleaning equipment

20 Removal of waste

21 Storage and handling of sources of contamination

22 Storage of toxic substances

23 Animals excluded from premises

24 Personal hygiene

25 Handwashing facilities

Part 1 General

1 Application for registration

An application for registration must be completed and returned to the authorised officer in charge of inspecting prescribed goods in the State or Territory in which the establishment is located together with plans and specifications of the establishment.

2 Requirements for plans and specifications

2.1 For the purposes of registration, plans or diagrams giving the general structural and operational layout of the establishment must be provided.

2.2 Plans submitted under clause 1 must show all major dimensions and the scale and must include details of inspection facilities and any amenities required under subclauses 8.1 and 9.1.

2.3 Plans must be sufficiently detailed to allow evaluation of the establishment in accordance with this Schedule and must include:

(a) a locality map showing the site in relation to the local area; and

(b) a site plan showing all salient features of the site and adjoining sites including location of the establishment; and

(c) a general floor plan; and

(d) elevations of all buildings comprising the establishment; and

(e) a floor plan of processing areas, showing all permanent fixtures and layout of equipment; and

(f) a product flow chart, and main features of product flow and details of the types of products to be handled.

3 Alterations, extensions and rearrangements to establishments

Notice of changes to a registered establishment that may result in residual infestation problems or that may affect sampling and inspection of prescribed goods must be submitted in accordance with clause 1.

4 General servicing requirements

Provision must be made for the disposal of all waste material, including liquids and solids, from a registered establishment in an efficient and hygienic manner.

5 Operational conditions

The operator of a registered establishment must maintain the establishment in a hygienic condition to control pests, including vermin, and have a defined program of hygiene and pest control.

Part 2 Bulk commodity terminals

6 Interpretation

In this Part, registered establishment means a registered establishment that has a capacity to load commodities at a rate greater than 400 tonnes per hour on to ships.

7 Bulk loading facilities

7.1 The occupier of a registered establishment must keep records of cleaning and pest control measures in sufficient detail to enable an authorised officer to monitor the effectiveness of pest control measures.

7.2Records must be kept as follows:

(a) hygiene control records must be available of all non‑routine cleaning work carried out to facilitate the control of infestations which present a risk to prescribed goods, recording:

(i) the areas and particular system components involved; and

(ii) the dates on which work was carried out;

(b) for prescribed grain treatment, pest control records must be available for all non‑routine pest control measures carried out in conjunction with paragraph (a), recording:

(i) the identity and location of particular lots of the grain treated; and

(ii) the dates on which treatment was carried out; and

(iii) the standard chemical name, formulation and per cent active ingredient of all chemical sprays used; and

(iv) the standard chemical name and dosage of all fumigants used;

(c) if structural treatment is undertaken, records must be kept for all non‑routine pest control measures recording:

(i) the areas involved; and

(ii) the dates on which work was carried out; and

(iii) the standard chemical name, formulation and per cent active ingredient of all chemical sprays used; and

(iv) the standard chemical name, formulation and per cent active ingredient of all biocidal baits and tracking powders used;

(d) details of any other non‑routine pest control measures not referred to in paragraphs (b) and (c) must also be available.

7.3 The occupier of a registered establishment must keep records of receivals and loadings, and make them available to an approved inspector.

8 Facilities for drawing and inspecting samples

8.1 The occupier of a registered establishment must provide the following facilities for safe and effective inspection:

(a) an automatic sampling system of demonstrated reliability that will deliver to a sampling room a sample of the goods from every goods flow path going separately to the ship at the rate of 400 tonnes per hour or more; and

(b) an appropriate screening system for removal of large contaminants; and

(c) a sampling room that:

(i) complies with relevant State, Territory and Commonwealth occupational health and safety requirements and meets relevant Australian standards for health and safety in the workplace, particularly with respect to noise levels and dust, lighting for prolonged inspection activities and thermal comfort; and

(ii) is approximately 9 m² for one sampling point plus 4 m² for every extra point; and

(iii) has power, load indicators showing the rate of flow past sampling points, a telephone to the control room or other means of directing the stopping of the loading belt, and an outside telephone.

8.2 The occupier of a registered establishment must provide the following facilities for safe and effective inspection at grain handling facilities and other establishments handling bulk goods requiring inspection at rates of 400 tonnes per hour or less onto ships or into container system units:

(a) provision for collection of samples in a safe and effective manner;

(b) if required by the Secretary — an automatic sampling system.

9 Staff amenities

9.1 Facilities which meet the following guidelines must be made available for authorised officers:

(a) access to appropriate and adequate toilet facilities, adjacent to work areas where possible;

(b) access to a suitable office area of approximately 9 m² with an additional 4 m² for each extra officer, equipped with a locker, desk, chair, lockable filing cabinet and telephone if these facilities are not provided in a sampling room.

9.2 Plans of such facilities must be submitted for approval in accordance with clause 1.

9.3 The office area must comply with relevant occupational health and safety requirements.

Part 3 Export packing facilities for goods other than fresh fruits or fresh vegetables

10 Interpretation and application

10.1 In this Part, registered establishment means a registered establishment that is a container packing facility for packing goods to which this Part applies.

10.2 This Part applies to goods covered by this Schedule (see suborder 7.1) other than fresh fruits and fresh vegetables.

11 Container packing facilities

The occupier of a registered establishment must:

(a) keep records of cleaning and pest control measures in sufficient detail to enable an approved inspector to monitor the effectiveness of pest control measures; and

(b) keep records of receivals and loadings, and make them available to an approved inspector; and

(c) provide facilities for safe and effective inspection, including adequate light source equal to 600 lux; and

(d) provide access to an appropriate point of the flow path of the goods; and

(e) provide access to toilet and office facilities; and

(f) for goods being loaded from a bulk commodity handling system into container system units — provide access to an appropriate point of the flow path of the goods.

Part 4 Small export packing facilities

12 Interpretation

In this Part, registered establishment means a registered establishment that is a packing facility other than a facility referred to in Part 2 or 3.

13 Small facility

The occupier of a registered establishment must:

(a) keep records of cleaning and pest control measures in sufficient detail to enable an authorised officer to monitor the effectiveness of pest control measures; and

(b) provide facilities for safe and effective inspection, including adequate light source equal to 600 lux; and

(c) provide access to toilet and office facilities.

Part 5 Structural, operational and hygiene requirements for establishments preparing fresh fruits or vegetables

Division 1 Structural requirements

14 General design and construction

An establishment in which fresh fruits or fresh vegetables are prepared or inspected for export must be designed and constructed to allow all operations for which the establishment may be registered to be carried out efficiently, effectively and hygienically and, as appropriate, the design and construction must:

(a) provide adequate lighting for the operations of inspection, sorting, grading and packing; and

(b) provide adequate ventilation where post‑harvest treatments are carried out; and

(c) allow effective cleaning of floors and surrounds in the product handling areas; and

(d) minimise harbourage for pests or diseases, or contamination of the produce during preparation; and

(e) allow effective cleaning of plant and equipment used in the preparation or handling of the goods; and

(f) provide handwashing and toilet facilities.

15 Preparation equipment requirements

Equipment provided for the fumigation of fresh fruits or fresh vegetables must be constructed, tested, maintained and operated in accordance with applicable local government, State, Territory and Commonwealth regulations.

16 General inspection facilities

The occupier of the establishment must, unless otherwise agreed by the Secretary, provide suitable facilities for inspection including:

(a) an inspection area located in a position where produce can be examined in good natural light or, if it is not possible to provide such an area, in suitable artificial lighting providing illumination of 600 lux; and

(b) suitable inspection tables or benches and accurate scales; and

(c) equipment for:

(i) taking samples and sample packages; and

(ii) general handling, opening, repacking and closing of packages;

(d) when required, access to a desk and chair; and

(e) access to a telephone.

Division 2 Operational and hygiene requirements

17 Operation generally

A registered establishment in which fresh fruits or fresh vegetables are prepared or inspected must be equipped and operated in a manner which permits effective pest control and hygienic conditions to be maintained at the establishment.

18 Cleaning of establishment

The establishment must be cleaned thoroughly prior to the main intake of produce each year in a manner appropriate to the nature of the operation or operations to be carried on at the establishment and at such other times as the Secretary may consider necessary.

19 Cleaning equipment

All machinery, equipment and surrounding floor area must be thoroughly cleaned of all waste material and debris:

(a) if one kind of fruit or vegetable only is being prepared — at intervals not exceeding one week, or at such other times as an approved inspector considers necessary; or

(b) immediately after the preparation and packing of one kind of fruit or vegetable has been completed and before any other type of produce is passed through the machinery.

20 Removal of waste

Fruit and vegetable debris and waste and screenings (other than that put aside for further preparation) must be removed from areas where produce is prepared each day and removed from the establishment each week.

21 Storage and handling of sources of contamination

Any material or produce likely to contaminate, infest or provide a source of infestation of fresh fruits or fresh vegetables must not be stored or handled in a building or area used for their preparation or storage or in any area likely to create a source of contamination.

22 Storage of toxic substances

22.1 Rodenticides, fumigants, fungicides, insecticides or other toxic substances must be stored in a manner which will prevent contamination of fresh fruits or fresh vegetables or anything that may come into contact with them.

22.2 Toxic substances and other substances which may contaminate fresh fruits or fresh vegetables must not be stored in an area or a building where fresh fruits or fresh vegetables are handled or stored.

23 Animals excluded from premises

Animals (including birds and rodents) must not be present in the areas of the establishment where preparation of fresh fruits or fresh vegetables takes place.

24 Personal hygiene

24.1 A person who:

(a) is suffering from a communicable disease; or

(b) is a carrier of a communicable disease; or

(c) may transmit pathogenic organisms to fresh fruits or fresh vegetables;

must not enter any registered establishment used for the preparation of fresh fruits or fresh vegetables.

24.2 All persons handling fresh fruits or fresh vegetables must maintain a high degree of personal cleanliness.

25 Handwashing facilities

Handwashing facilities and toilet facilities must be kept in a clean and sanitary condition at all times.

Schedule 3 Requirements for registered establishments for dried fruits

(order 7.2)

TABLE OF CONTENTS

Clause

PART 1 — CONSTRUCTION REQUIREMENTS

1 Siting of establishment

2 Maintenance and services

3 General building requirements

4 Internal walls and partitions

5 Doors, hatches and windows

6 Ceilings and underside of roofs

7 Floors

8 Drainage

9 Sanitary drainage

10 Stormwater drainage

11 Lighting

12 Stairs, platforms, stands etc

13 Ventilation

14 Storage of materials and equipment

15 Storage of waste

16 Packaging materials storage

17 Storage racks and shelving

18 Refrigeration facilities

19 Equipment and utensils

20 Thermometers

21 Dehydration equipment

22 Steam

23 Compressed air

24 Water supply

25 Water quality

26 Water reticulation

27 Water treatment

28 Reuse of potable water

29 In‑plant storage tanks

30 Protective clothing racks

31 Equipment and utensil washing

32 Hose points

33 Handwashing facilities

34 Processing equipment

35 Inspection facilities

36 Accommodation for authorised officers

37 Staff amenities

38 Loading docks

39 Dried fruits store

40 Container depots and terminals

PART 2 — OPERATION REQUIREMENTS

41 Condition of establishment

42 Records to be maintained

43 Cleaning of establishment and equipment

44 Storage of toxic substances

45 Animals excluded from premises

46 Glass

47 Handwashing facilities

48 Protection of dried fruits from contamination and pests

49 Storage of dried fruits

50 Spraying or fogging of establishment

51 Clothing of persons in establishment

52 Personal hygiene and conduct

Part 1 Construction requirements

1 Siting of establishment

An establishment in which dried fruits are intended to be prepared must be sited so that any adjacent or adjoining buildings, activities and land use do not present a source of:

(a) interference with, or potential contamination of, the hygienic operation of the establishment; or

(b) cross infestation to the dried fruits.

2 Maintenance and services

2.1 Access ways to buildings at the establishment must be paved, graded and drained.

2.2 Building surrounds must be maintained in a manner that will prevent infestation and contamination of the dried fruits.

2.3 Provision must be made for the efficient and hygienic disposal of:

(a) all liquid and solid waste from the establishment; and

(b) stormwater; and

(c) sewage.

3 General building requirements

3.1 A building that is to be used or is used for the receipt, processing, packing or storage of dried fruit must be designed and constructed to effectively restrict the:

(a) entry and harbourage of pests; and

(b) entry of environmental contaminants.

3.2 Areas of an establishment in which dried fruits are handled or processed must be designed and constructed to:

(a) allow the hygienic handling of dried fruits; and

(b) separate operations that may cause cross contamination of the dried fruits; and

(c) provide separate storage for unprocessed fruit, processed dried fruits and inedible material; and

(d) protect dried fruits from contamination; and

(e) prevent deterioration of dried fruits by exposure.

3.3 All parts of an establishment must be easily accessible for inspection and effective cleaning.

4 Internal walls and partitions

The finished surfaces of internal walls, ceilings or machinery must not come into contact with dried fruit unless the surface of the wall, ceiling or machinery is:

(a) non‑toxic; and

(b) capable of withstanding:

(i) hosing with hot water and detergents; and

(ii) a reasonable degree of impact.

5 Doors, hatches and windows

All external doors, windows and ventilation openings must be effectively proofed against the entry of pests and dust.

6 Ceilings and underside of roofs

Ceilings and the underside of roofs must be constructed to minimise the accumulation of dirt, condensation, mould development and flaking.

7 Floors

7.1 Floors of an establishment must:

(a) be evenly graded towards drainage outlets; and

(b) be constructed of dense waterproof concrete or any other impact resistant impervious substance that permits:

(i) effective cleaning; and

(ii) in fumigation areas, effective fumigation of dried fruits.

7.2 Floor joints in areas where dried fruits are processed must be sealed with impervious materials and be finished flush with the floor surface.

8 Drainage

8.1 Floor drains must be adequate in size, number and location to allow the maximum flow of water under usual working conditions.

8.2 All drains at the establishment must:

(a) be effectively sealed by a water trap; and

(b) except in the case of open drains, be adequately vented to the exterior of the establishment; and

(c) have adequate access for cleaning; and

(d) be adequately covered to stop any safety or hygiene hazard.

8.3 Septic tanks at the establishment must be:

(a) located in a place that does not present a hygiene hazard to dried fruits or fruit from which dried fruits are prepared; and

(b) away from any processing or storage area, or entrance to the establishment.

6 Rejection procedures if pests found in bagged mung beans being loaded into ships' holds or container system units

If when bagged mung beans are being loaded into a ship’s hold or a container system unit, pests are found in samples of the mung beans or on bags of the mung beans presented for inspection, then:

(a) if the consignments are inspected in a truck or as a palletised unit and the pests are found only on the structure of the vehicle or pallet, the mung beans on the truck or pallet must be rejected; and

(b) if large bagged stacks are inspected in store and the infestation is light, loading from another part of the stack remote from the site of infestation may be permitted; and

(c) all bags or pallets in physical contact with the infested bags or pallets, or all mung beans in the stack originating from the same storage unit or the same bagging plant, must be rejected.

7 Rejection procedures if contaminants for which there is nil tolerance found in bagged mung beans being loaded into ships’ holds or container system units

7.1 Subject to subclause 7.2, if when bagged mung beans are being loaded into a ship’s hold or a container system unit, a contaminant for which there is a nil tolerance is found in samples of the mung beans or on bags of the mung beans presented for inspection, then the entire lot must be rejected, including any goods already loaded and any goods still in store.

7.2 If:

(a) the consignment of the mung beans comprises more than one lot; and

(b) the person responsible for the mung beans satisfies an approved inspector that:

(i) the contamination is confined to a particular lot or lots; and

(ii) the remainder of the consignment has not been cross-contaminated;

then only the contaminated lot or lots will be rejected.

8 Inspection of container system units for bagged mung beans

8.1 Before bagged mung beans are loaded into a container system unit, the empty unit must be inspected, and if necessary treated, in accordance with Part 2 of Schedule 5.

8.2 If bagged mung beans have been loaded into a container system unit in the absence of an approved inspector:

(a) they must be unloaded; and

(b) the empty unit must be inspected, and if necessary treated, in accordance with Part 2 of Schedule 5; and

(c) the unloaded bags of mung beans must be inspected in accordance with clause 5 and:

(i) if pests are found — the rejection procedures specified in clause 6 apply; or

(ii) if contaminants for which there is a nil tolerance are found — the rejection procedures specified in clause 7 apply.

9 Palletised mung beans in rodent plague areas

9.1 An approved inspector may determine that palletisation of mung beans is not permitted in areas where rodents are known to be present in plague numbers.

9.2 At ports in times of rodent plague or when palletised bagged mung beans are delivered to a port from a rodent plague area, an approved inspector may have the palletised blocks broken down to facilitate a thorough inspection prior to loading into a ship or container system unit.

Part 3 Mung beans in bulk

Division 1 Mung beans in bulk being loaded into ships’ holds

10 Method of manual sampling

10.1 Sub-samples taken manually must be drawn from:

(a) the stream on the conveyor belt as close to the valve of the cell as practicable; or

(b) the commodity as it falls from the belt or bin;

by dipping a 0.25 L dipper into the stream or product.

10.2 The contents of the dipper must be transferred to the sieve and the procedure repeated until 2.25 L has been transferred, whereupon the contents must be sieved.

11 Sieving and inspection of the sample

11.1 The sieve must be shaken a sufficient number of times to allow all insects in the sample to pass through the screen into the pan beneath.

11.2 The product remaining above the screen must be examined for insect stages, or for contaminants for which there is a nil tolerance, that are too large to pass through the mesh.

11.3 After examination, the sieved product must be returned to the stream and the contents of the pan examined for live insects or for contaminants for which there is a nil tolerance.

11.4 If the use of automatic samplers and mechanical shakers or other mechanical sieving devices has been approved, they must be operated according to the approval.

12 Rejection procedures if pests found in stream from storage cell to ship

12.1 In the case of sampling undercell — if pests are found in a sample taken at the inspection point in the undercell area, then the standard procedure must be as follows:

(a) the cell or cells from which the mung beans are being drawn must be closed immediately;

(b) the shipping belt must be stopped;

(c) all mung beans in the conveying system up to and including the weigher must be returned to storage for treatment;

(d) in establishments where blister or overflow bins are in use, mung beans from these cells must be returned to storage for treatment;

(e) if delay occurs in halting the flow, it may be necessary to reject an appropriate quantity of mung beans from the conveyor belt system beyond the weigher.

12.2 In the case of sampling on the shipping belt or its equivalent at those establishments where mung beans are sampled at a point beyond the bottom garner on a conveyor feeding the shipping belt or on the shipping belt itself — the standard procedure must be that, if pests are detected in a sample, all mung beans on the shipping belt must be rejected and returned without further inspection.

12.3 In the case of sampling from a horizontal storage where it is intended to move mung beans directly from the storage to a ship — arrangements must be made with the person responsible for the mung beans to inspect the mung beans in the storage prior to the commencement of loading and if:

(a) pests are found, the sections of the storage which are infested must be rejected until effectively treated; and

(b) it is apparent that pests are widespread, no further inspection is to be made until the mung beans have been effectively treated.

12.4 If the mung beans are being drawn from horizontal storages the following procedures must be applied:

(a) if only 1 valve is open and pests are found in a sample:

(i) the valve from which the mung beans are being drawn must be closed immediately; and

(ii) the shipping belt must be stopped; and

(iii) all mung beans up to and including the top garner and weigher must be returned to storage for treatment; and

(iv) in establishments where blister or overflow bins are in use, mung beans from these cells must be returned to storage for treatment; and

(v) if sampling is being undertaken on the shipping belt, the rejection procedure in subclause 12.2 applies; and

(vi) sufficient mung beans to fill a main silo cell may then be run into storage for treatment along with the rejected mung beans from the conveyor and weigher systems, and loading recommenced from the same valve; and

(vii) if pests are again found in a sample from this valve, then procedures specified in subparagraphs (i) to (v) must be followed and loading recommenced from the fourth valve along, leaving 3 unopened valves in either direction, and rejection procedures at this and subsequent valves must be as specified in subparagraphs (i) to (vi); and

(viii) if sufficient mung beans to fill a main silo cell cannot be moved for treatment due to lack of storage space, then the valve must be closed and discharge continued from the fourth valve along; and

(ix) if a valve is being fed by front-end loaders from each side and the pests are detected below the valve, then mung beans from both sides must be rejected;

(b) if more than 1 valve is open and pests are detected in a sample:

(i) all valves from which the mung beans are being drawn must be closed immediately; and

(ii) the shipping belt must be stopped; and

(iii) all mung beans up to and including the top garner and weigher must be rejected and returned to storage for treatment; and

(iv) in establishments where blister or overflow bins are in use, mung beans from these cells must also be returned to storage for treatment; and

(v) if sampling is being undertaken on the shipping belt, the rejection procedure in subclause 12.2 applies; and

(vi) sufficient mung beans to fill a main silo cell may be run from each valve and placed in store for treatment; and

(vii) each valve must then be reopened and may continue to be run unless further pests are detected; and

(viii) if further infestation is found in samples from 1 of the valves, all valves must be closed and the rejection procedures specified in subparagraphs (ii) to (v) applied; and

(ix) discharge must then be continued from a point or points at least 3 valves distant from valves previously open.

12.5 In the case of sampling at bagging establishments, where mung beans are being sampled in bulk prior to bagging and pests are found, an approved inspector must reject the source of the supply of mung beans to the bagging establishment and must direct treatment to be carried out at that source.

13 Rejection procedures if contaminants for which there is nil tolerance found in stream from storage cell to ship

13.1 In the case of sampling undercell — if contaminants for which there is a nil tolerance are found in a sample taken at the inspection point in the undercell area, then the standard procedure must be as follows:

(a) the cell or cells from which the mung beans are being drawn must be closed immediately and the mung beans remaining in the cell or cells must be rejected;

(b) the shipping belt must be stopped and all mung beans on the shipping belt must be rejected;

(c) all mung beans in the conveying system up to and including the weigher must be rejected;

(d) in establishments where blister or overflow bins are in use, mung beans from these cells must be rejected;

(e) mung beans that are already loaded into the ship’s hold must be rejected.

13.2 In the case of sampling on the shipping belt or its equivalent at those establishments where mung beans are sampled at a point beyond the bottom garner on a conveyor feeding the shipping belt or on the shipping belt itself — the standard procedure must be that, if contaminants for which there is a nil tolerance are detected in a sample, all mung beans:

(a) on the shipping belt; or

(b) in the conveying system; or

(c) already loaded into the ship’s hold;

must be rejected and the source of the supply of the mung beans must also be rejected.

13.3 In the case of sampling from a horizontal storage where it is intended to move mung beans directly from the storage to a ship — arrangements must be made with the person responsible for the mung beans for an approved inspector to inspect the mung beans in the storage prior to the commencement of loading and, if contaminants for which there is a nil tolerance are found, the entire storage must be rejected.

13.4 If the mung beans are being drawn from horizontal storages and contaminants for which there is a nil tolerance are found in a sample, the following procedures must be applied:

(a) the valve or valves from which the mung beans are being drawn must be closed immediately;

(b) the shipping belt must be stopped;

(c) all mung beans up to and including the top garner and weigher must be rejected;

(d) in establishments where blister or overflow bins are in use, mung beans from these cells must be rejected;

(e) if sampling is being undertaken on the shipping belt, the rejection procedure in subclause 13.2 applies;

(f) the source of the supply of the mung beans must be rejected;

(g) mung beans that have already been loaded must be rejected.

13.5 In the case of sampling at bagging establishments, where mung beans are being sampled in bulk prior to bagging and contaminants for which there is a nil tolerance are found, an approved inspector must reject the source of the supply of mung beans to the bagging establishment and must direct cleaning to be carried out at that source.

14 Undue delay after detecting pests, or contaminants for which there is a nil tolerance

Should unnecessary delay occur between the discovery of pests, or contaminants for which there is a nil tolerance, and stopping of the stream flow, an export permit or phytosanitary certificate must not be issued for that tonnage of mung beans loaded after rejection was notified to a responsible person, unless the mung beans are discharged.

15 Method of rejecting

15.1 Due to differences in construction and operation of registered establishments the Secretary may determine variations to the rejection procedures specified in clause 12 or 13, as the case may be.

15.2 If blending is being carried out during the pre-weighing or loading of a ship and blended mung beans are rejected, all cells or other sources feeding the blend must be included in the rejection.

15.3 Upon rejection an approved inspector must notify a responsible person on an approved form that treatment or cleaning, as the case may be, of the rejected mung beans is required, and that person must return the form, giving details of the treatment or cleaning carried out, before the mung beans are re-presented for inspection.

15.4 The Secretary may determine the maximum number of rejections that may be made during the loading of a ship.

16 Screening of mung beans

16.1 Screening of mung beans during loading for the removal of live insects is not permitted.

16.2 Where mung beans that an approved inspector considers have been screened to remove insects are presented for inspection, the approved inspector must reject the mung beans.

16.3 Mung beans must be screened to remove large contaminants when automatic sampling is in use.

16.4 For the purpose of subclause 16.3, screenings must be available for examination by an approved inspector during and at the end of each working day.

17 Sampling of mung beans by persons other than approved inspectors

If a person other than an approved inspector draws samples of mung beans, the person must inform an approved inspector on finding pests, or contaminants for which there is a nil tolerance, in any sample or sub-sample.

Division 2Mung beans in bulk being loaded into container system units

18 Inspection of mung beans in bulk being loaded into container system units

18.1 At establishments where container system units are being filled directly from holding bins, the mung beans may be:

(a) sampled from the stream as it enters the units; or

(b) sampled elsewhere in the stream path so long as, prior to the commencement of loading on the day concerned, the whole pathway forward of the sampling point to the point of loading was inspected and found to be free of a risk of contaminating the mung beans.

18.2 At establishments handling mung beans in bulk, inspection must follow the same procedures as apply under Division 1 in relation to the loading of mung beans in bulk into ships’ holds.

18.3 The presence of pests, or contaminants for which there is a nil tolerance, in or on a container system unit or the mung beans must lead to rejection, in which case the rejection procedures specified in Division 1 apply as if:

(a) the mung beans were being loaded into a ship’s hold; and

(b) the mung beans were being conveyed on a shipping belt.

19 Inspection of mung beans in bulk in container system units filled in the absence of an approved inspector

19.1 Inspection of mung beans in container system units must take place at the time of the filling of the units but, if this would involve the carrying out of an inspection at a registered establishment in a remote location, the mung beans may be inspected, in accordance with subclause 19.2, at a registered establishment when the units arrive at a port or metropolitan area.

19.2 An approved inspector must:

(a) check that the container system unit has passed inspection by noting the presence of an ‘Inspected’ sticker and confirming that the number of the unit is on the checklist provided by the office responsible for the inspection; and

(b) check that any bulkhead fitted into the container system unit is clean, sound and free from pests, or contaminants for which there is a nil tolerance, and that there are no pests, or contaminants for which there is a nil tolerance, around the doors or bulkhead; and

(c) in the case of general purpose container system units, ensure that there is headroom of at least 900 mm over all of the bulk, or sufficient headroom to enable the withdrawal of sub-samples by vacuum probe or other appropriate equipment; and

(d) sub-sample or have sub-samples drawn with a probe in a minimum of five places, specifically one in each corner and one in the centre of the container system unit, and the probe must be inserted to the bottom of the unit so that the sub-sample is a representation of the full depth of mung beans at that point.

20 Rejection procedures for mung beans in bulk in container system units filled in absence of approved inspector

20.1 For standard container system units filled with mung beans in bulk, a headroom of less than 900 mm must lead to rejection unless appropriate vacuum sampling can be carried out.

20.2 If a container system unit was not inspected and passed prior to filling, the entire load must be discharged, the unit must be inspected after the load has been discharged and the mung beans must be inspected during refilling.

Part 4 Inspection of mung beans for phytosanitary certification

21 Inspection of mung beans for phytosanitary certification

21.1 Inspection and rejection procedures for bagged consignments of mung beans requiring phytosanitary certification must be carried out in accordance with Part 2.

21.2 Inspection and rejection procedures for consignments of mung beans in bulk requiring phytosanitary certification must be carried out in accordance with Part 3.

21.3 If inspection is required for the purpose of issuing a phytosanitary certificate for re-export, inspection procedures must be the same as for the issue of a phytosanitary certificate.

22 Re-inspection of consignments where shipment delayed

22.1 Subject to subclause 22.2, re-inspection of a consignment after a period of 28 days from the original inspection has elapsed is required.

22.2 If a foreign country authority specifies a maximum time that may elapse between inspection and export and that time has elapsed before export takes place, an exporter may request a further inspection and issue of another certificate.

22.3 Re-inspection must be carried out by inspecting and sub-sampling surface layers without the need to discharge ships or container system units, except where the integrity of the consignment has not been maintained.

Part 5 Treatment or cleaning of mung beans and their
re-presentation

23 Treatment of mung beans

23.1 Mung beans rejected for pests are not to be re-presented for inspection unless they have been treated in such a way that they meet conditions for export.

23.2 If an insecticide or fumigant is used for the purposes of subclause 23.1, it must be:

(a) registered for the particular use; and

(b) used in accordance with its registered label; and

(c) acceptable to the importing country.

23.3 Rejected mung beans treated with an insecticide or fumigant must not be re-presented for inspection until after the exposure, airing periods and safety precautions specified on the registered label have been observed.

23.4 In the case of bagged mung beans, brushing of the outside of the bag alone to remove pests is not acceptable for the purpose of these Orders.

23.5 Blending of mung beans rejected for pests is not permitted.

24 Treatment of mung beans in bulk in a container system unit

24.1 Despite clause 3, if mung beans in bulk loaded into a container system unit have been rejected for insect infestation, any treatment of the mung beans without discharge must be by way of fumigation.

24.2 Following treatment, the mung beans must be discharged or, if appropriate, part-discharged for re-inspection in accordance with subclause 19.2 prior to the issue of an export permit or phytosanitary certificate.

25 Cleaning of mung beans to remove contaminants

25.1 Mung beans rejected for the presence of contaminants for which a nil tolerance applies are not to be re-presented for inspection unless they have been cleaned in such a way that they meet conditions for export.

25.2 In the case of bagged mung beans, brushing of the outside of bags alone to remove the contaminants is not acceptable for the purposes of these Orders.

25.3 Blending of mung beans rejected for contaminants for which a nil tolerance applies is not permitted.

26 Re-presentation of mung beans for inspection after treatment or cleaning

Re-presented mung beans must be inspected according to Part 2 for bagged mung beans or Part 3 for mung beans in bulk and must be rejected if any conditions for export are not met.

Schedule 7 Requirements relating to issuing of phytosanitary certificate

(order 49.4)

TABLE OF CONTENTS

Clause

1 Inspection

2 Certification

3 Responsibility of exporter

4 Conditions of issuance

5 Forms of certificates

6 Importing country requirements

7 Name of approved inspector

8 Disinfestation or disinfection treatment

9 Additional declarations

10 Signature

11 Other endorsements

12 Description of the consignment

13 Name of goods

14 Consignee’s name and address

15 Point of entry

16 Quality statements

17 Number of copies to be issued

18 Copy required by the Secretary

19 Re‑exports from Australia

20 Re‑inspection of delayed consignments

1 Inspection

For the purposes of the issuing of a phytosanitary certificate, inspection must be carried out by an approved inspector.

2 Certification

Phytosanitary certificates may be altered by an authorised officer and, if an alteration is made, the authorised officer must sign the certificate adjacent to the alteration and:

(a) insert beneath that signature that officer’s identity card number; or

(b) apply in close proximity to that signature an impression of the Departmental seal.

3 Responsibility of exporter

3.1 The exporter must request the necessary inspection and certification if an importing country authority so requires.

3.2 It is the responsibility of the exporter to comply with the requirements of the importing country authority and the authorities of any country through which the consignment may transit or trans ship.

4 Conditions of issuance

4.1 Certification must be provided if it can be verified that an importing country requirement for such certification exists.

4.2 Certificates must be addressed to an importing country authority unless the Secretary determines otherwise.

4.3 Phytosanitary certificates must not be issued or used for commercial purposes but they may include details of an associated Letter of Credit number, date and the party to whom the Letter of Credit is given.

5 Forms of certificates

5.1 Subject to subclause 5.3 or 5.4, the form of certificate must be the international model specified by the IPPC.

5.2 Subject to subclause 5.3 or 5.4, in the case of re‑exports the IPPC model re‑export certificate must be used.

5.3 Aligned format certificates may be used.

5.4 Bilingual and trilingual certificates must only be used to meet the specific requirements of a foreign country authority.

6 Importing country requirements

6.1 If a phytosanitary certificate is required but an importing country authority has not prescribed specific conditions for the goods concerned, an approved inspector must regard all detected pests as injurious for the purposes of phytosanitary inspection.

6.2 The Secretary must determine whether certificates should be issued in cases where information on the requirements of an importing country authority are not known.

7 Name of approved inspector

7.1 The name of an approved inspector must be typed or written in block letters on the certificate.

7.2 If the consignment was inspected by more than one approved inspector, the name of the most senior approved inspector must be used on the certificate.

8 Disinfestation or disinfection treatment

8.1 Treatments not supervised by an approved inspector may be added to the certificate if the exporter submits a written declaration certifying the details of the treatment carried out.

8.2 If plants or plant products are not to be subject to treatment, the relevant section on the certificate must be ruled over.

9 Additional declarations

9.1 Additional declarations relating to such matters as:

(a) freedom from weed seeds;

(b) specific pests; or

(c) pest or fumigation treatment applied;

may be included when such declarations are specified by an importing country authority, or are included in import permits, and when the matter can be verified by an approved inspector.

9.2 If no requirement for an additional declaration appears in the requirements of an importing country authority, evidence from that authority must be produced before consideration can be given to its endorsement.

9.3 If no additional declarations are given, the space provided in a phytosanitary certificate must have typed or written in it ‘no additional declaration’, or be ruled over, or both.

10 Signature

10.1 All certificates issued, including any copies of those certificates, must bear an authorised officer’s signature and the Departmental seal.

10.2 When certificates are signed by an authorised officer other than the person who inspected the goods, records must exist to confirm inspection of the goods and that the matters attested to in the certificate are correct.

11 Other endorsements

11.1 If an importing country authority requires endorsement of phytosanitary certificates by its representatives in Australia as a precondition for import of the goods to which the certificate relates, adequate time must be allowed for inspection prior to shipment.

11.2 Phytosanitary certificates must not be submitted to a commercial body for endorsement.

12 Description of the consignment

12.1 Sufficient detail must be provided in a certificate to allow the consignment to be readily identified.

12.2 Container system unit numbers must be included.

12.3 Import and export permit numbers may be indicated if these are known.

12.4 When a separate sheet is used for additional information, it must be securely attached to the certificate and the number of the phytosanitary certificate and the name of the exporter must be shown on it.

12.5 If a separate sheet or the back of the form is used for additional information, it must be stamped and signed by the same authorised officer who signs the certification on the form.

12.6 When all details specified in subclauses 12.1 to 12.5 (inclusive) have been completed, each column entry must be ruled off before an authorised officer signs the certificate.

13 Name of goods

13.1 Both the common and botanical name of the goods must appear on the certificate for horticulture produce and seeds.

13.2 Botanical names must also be used for grain for human consumption or for use as animal food.

13.3 If for miscellaneous goods of complex composition a botanical name is not appropriate, a general term or the description appearing on the packages may be used.

14 Consignee’s name and address

The name and address of the consignee must be specified on the certificate when possible but, if the consignee is not known, ‘To order’ is to be specified.

15 Point of entry

The point of entry must be specific to the country of import and, if possible, the actual port of importation.

16 Quality statements

Information such as details of purity and viability of seeds or statements attesting to the quality of the goods must not be included, unless required by the importing country authority.

17 Number of copies to be issued

17.1 The original of the phytosanitary certificate must be used for the goods.

17.2 Additional certified copies of the phytosanitary certificate may be provided to the exporter, at the discretion of the Secretary.

18 Copy required by the Secretary

18.1 A copy of each phytosanitary certificate must be forwarded to the Secretary.

18.2 A copy of an import permit issued by an importing country authority must be forwarded with the phytosanitary certificate to the Secretary.

19 Re‑exports from Australia

19.1 Re‑export phytosanitary certificates must be issued for prescribed goods re‑exported from Australia if phytosanitary certification is required by an importing country authority and:

(a) the goods are accompanied by a phytosanitary certificate issued by the country of origin and complying with the requirements of a foreign country authority;

(b) the identity of the goods can be established; and

(c) the consignment has not been exposed to infestation while in Australia.

19.2 Re‑export certificates must not be issued for products rejected under the Quarantine Act 1908 for entry into Australia unless the products meet the requirements of the importing country.

19.3 If imported goods in transit or in bond through Australian ports en route to other destinations have not been formally cleared as imports into Australia, they will not be issued with a re‑export phytosanitary certificate.

19.4 If imported goods are subsequently exported as part of a larger consignment containing Australian prescribed goods, the goods may be covered under the general phytosanitary certificate issued for the consignment, provided that:

(a) any additional declarations required by an importing country authority can be satisfied by product inspection; and

(b) the certificate indicates that the consignment is a product of Australia and the other country.

19.5 If the additional declaration requires endorsements relating to growing conditions or treatments in the original exporting country, certification must not be provided and recourse must be had to the full re‑export requirements of the IPPC.

19.6 If imported goods not accompanied by a phytosanitary certificate are to be exported, a re‑export phytosanitary certificate must be issued for the goods provided that:

(a) a reference to the phytosanitary certificate of the country of origin is deleted from the re‑export phytosanitary certificate; and

(b) the words ‘Phytosanitary Certificate from the Country of Origin not Available’ are appended to the certifying statement; and

(c) the amendments in paragraphs (a) and (b) are subject to the provisions of paragraphs 2 (a) and (b) of this Schedule; and

(d) an exporter declares the country of origin of the goods; and

(e) no additional declaration is given which cannot be verified by an authorised officer.

20 Re‑inspection of delayed consignments

20.1 Re‑inspection of prescribed goods is necessary if:

(a) the time between inspection and export exceeds 28 days; or

(b) the maximum time between inspection and export permitted by the importing country is exceeded.

20.2 If the period exceeds 28 days, re‑inspection must be carried out to assess whether the originally issued certificate remains valid.

20.3 If delays are likely to occur in the shipment of consignments after phytosanitary inspection has taken place, appropriate measures must be instituted by the exporter to ensure that the goods are not subject to infestation or infection (including cross‑infestation or cross‑infection) or, in the case of prescribed grain and prescribed goods for consumption, contamination before shipment.

20.4 If, after re‑inspection in accordance with subclause 20.2, the original phytosanitary certificate is not valid, the exporter must surrender all copies of the certificate to an authorised officer.

20.5 If re‑inspection is requested by the exporter, the consignment must be re‑inspected if all copies of the original phytosanitary certificate are surrendered to an authorised officer.

Notes to the Export Control (Plants and Plant Products) Orders 2005

Note 1

The Export Control (Plants and Plant Products) Orders 2005 (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.

Table of Instruments

Title	Date of FRLI registration	Date of commencement	Application, saving or transitional provisions
Export Control (Plants and Plant Products) Orders 2005	4 Mar 2005 (see F2005L00523)	1 July 2005
Export Control (Plants and Plant Products) Amendment Orders 2005 (No. 1)	29 June 2005 (see F2005L01836)	1 July 2005	—
Export Control (Plants and Plant Products) Amendment Orders 2006 (No. 1)	17 Aug 2006 (see F2006L02713)	18 Aug 2006	—
Export Control (Plants and Plant Products) Amendment Orders 2006 (No. 2)	30 Nov 2006 (see F2006L03929)	1 Dec 2006	—
Export Control (Plants and Plant Products) Amendment Orders 2007 (No. 1)	10 Sept 2007 (see F2007L03556)	1 Nov 2007	—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part 1
O. 3.1......................................	am. 2007 No. 1
O. 4.1......................................	am. 2005 No. 1; 2007 No. 1
Part 2
O. 6.1......................................	am. 2005 No. 1
O. 6.2......................................	am. 2005 No. 1
Part 3
O. 7.1......................................	am. 2007 No. 1
O. 7.3......................................	ad. 2007 No. 1
Part 4
O. 10.1A.................................	ad. 2006 No. 2
O. 10.1B.................................	ad. 2006 No. 2
O. 10.3...................................	ad. 2007 No. 1
O. 14A....................................	ad. 2007 No. 1
Part 5
Division 3
O. 44.......................................	am. 2005 No. 1
O. 46.1...................................	am. 2005 No. 1
O. 46.1A.................................	ad. 2006 No. 1
O. 46.2...................................	am. 2005 No. 1
Part 7
O. 48.......................................	am. 2007 No. 1
O. 49.3A.................................	ad. 2007 No. 1
O. 50.......................................	am. 2005 No. 1
Part 8
O. 51.......................................	am. 2005 No. 1
Part 10
Division 1
Note to o. 58.........................	am. 2005 No. 1
Division 3
Note to o. 65.........................	am. 2005 No. 1
Schedule 2
Schedule 2............................	am. 2006 No. 2
Schedule 3A
Schedule 3A.........................	ad. 2007 No. 1
Schedule 5
Schedule 5............................	am. 2005 No. 1
Schedule 6A
Schedule 6A.........................	ad. 2007 No. 1

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Citations

Export Control (Plants and Plant Products) Orders 2005 (Cth)

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