Exports (Fish) Regulations (Amendment) (Cth)
I, THE
GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of
the Federal Executive Council, hereby make the following Regulations under the
Dated 27 May 1982.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
PETER NIXON
Minister of State for Primary Industry and for and on behalf of the Minister of State for Industry and Commerce
(a) by inserting in the definition of “abalone” in sub-regulation (1) “
Haliotis ,” before “Notohaliotis ”;(b) by omitting from the definition of “aircraft’s stores” in sub-regulation (1) “1901-1971” and substituting “1901”;
(c) by omitting the definition of “appointed place” in sub-regulation (1) and substituting the following definition:
“ ‘appointed place’ means a place registered under regulation 12 as a place for the examination of fish;”;
(d) by inserting after the definition of “approved for export stamp” in sub-regulation (1) the following definition:
“ ‘Australian boat’ has the same meaning as in sub-section 4 (1) of the
Fisheries Act 1952 and includes a boat that is deemed to be an Australian boat by virtue of sub-section 4 (2) of that Act;”;(e) by omitting from sub-regulation (1) the definition of “cutlet”;
(f) by inserting after the definition of “fish” in sub-regulation (1) the following definition:
“ ‘foreign boat’ means a boat other than an Australian boat;”;
(g) by inserting after the definition of “immediate container” in sub-regulation (1) the following definition:
“ ‘licensed foreign boat’ means a foreign boat in respect of which a licence under sub-section 9 (2) or 9 (3) of the
Fisheries Act 1952 is in force;”;(h) by omitting from the definition of “officer” in sub-regulation (1) “1905-1933” and substituting “1905”;
(i) by inserting after the definition of “rock lobster” in sub-regulation (1) the following definition:
“ ‘scallops’ means fish of the family Pectinidae;”;
(j) by omitting from the definition of “ship’s stores” in sub-regulation (1) “1901-1971” and substituting “1901”;
(k) by omitting the definition of “tuna” in sub-regulation (1) and substituting the following definition:
“ ‘tuna’ means fish of the genera
Auxis ,Euthynnus ,Katsuwonus andThunnus ;”; and(l) by omitting from sub-regulation (2) “, and any reference to a Form shall be read as a reference to a Form contained in the Second Schedule”.
“3a. (1) For the purposes of regulations 19, 20 and 26, the following information is prescribed:
(a) the name and address of the owner of the fish or, in the case of fish that is about to be exported, of the exporter;
(b) the name and address of the recipient;
(c) the name and address of the buyer;
(d) the date on which, and place at which, the fish may be examined for the purposes of these Regulations;
(e) the manner in which the fish is to be transported and—
(i) in the case of fish that is to be transported by sea—the name of the vessel and the port at which the fish is to be loaded;
(ii) in the case of fish that is to be transported by air—the name of the carrier, the flight number and the airport at which the fish is to be loaded;
(iii) in the case of fish that is to be transported by road—the name of the carrier and the place at which the fish is to be loaded; and
(iv) in the case of fish that is to be transported by post—that fact;
(f) the date on which the fish is to be transported;
(g) the port or place of discharge and the final destination of the fish;
(h) the country of origin of the fish;
(i) the name and address of the processor and, in the case of fish that was processed at an export establishment, the registered number of the establishment;
(j) the identifying marks, brand (if any) and numbers shown on the package in which the fish is to be transported and, where the fish is to be transported in a shipping container, the identifying number of the container;
(k) the number and kind of packages;
(1) a description of the fish, of the method of preservation (if any) and of the manner (if any) in which the fish has been processed;
(m) the quantity of the fish—
(i) in the case of oysters in the shell or half-shell—expressed as a number; and
(ii) in any other case—expressed as the total net mass of the fish.
“(2) For the purposes of paragraph (1) (h), the country of origin of fish shall be taken to be Australia if—
(a) the fish has been taken in Australia;
(b) the fish has been first landed in Australia; or
(c) in the case of fish other than fish referred to in paragraph (a) or (b)—the fish has been imported and processed in such a manner that the nature of the fish has been changed.
“(3) For the purposes of paragraph (2) (b), fish that has been transferred in a port in Australia from one vessel to another shall be deemed to have been landed in Australia.”.
“(1) Subject to sub-regulation (1a), these Regulations, other than regulations 33 and 36, do not apply to or in relation to the exportation of—
(a) fish that is not intended for human consumption, being fish that—
(i) is clearly marked as not fit for human consumption; and
(ii) has been de-natured or is in such a form that it is unacceptable for human consumption;
(b) ship’s stores or aircraft’s stores, whether shipped in Australia or otherwise;
(c) fish that was imported from a licensed foreign boat, being fish that—
(i) has not been processed in any way since it was imported; and
(ii) has not been marked with a trade description, other than a trade description that relates to the size of the fish or that is a trade description of the kind referred to in sub-regulation 9a (1); and
(d) fish that was imported after having been first landed in a port or place outside Australia, being fish that—
(i) has not been processed in any way since it was imported;
(ii) is exported in the same containers in which it was imported, no covering having been removed or added; and
(iii) bears the name of its country of origin on the outermost of the containers.
“(1a) The exportation of fish of the kind referred to in paragraph (1) (a), (c) or (d) is prohibited unless—
(a) the exporter has complied with the requirements of regulation 20;
(b) the fish has been examined by an officer; and
(c) an export permit has been issued under sub-regulation 24 (2) in respect of the fish.”.
“6. The exportation of fish is prohibited unless—
(a) the fish is fit for human consumption;
(b) the fish has been processed in an export establishment and stored in an export establishment or in an appointed place;
(c) the conditions and restrictions specified in the second column of the Schedule opposite to the name or description of the fish in the first column of that Schedule have been complied with;
(d) the fish has been transported in accordance with the requirements of these Regulations; and
(e) the provisions of these Regulations have otherwise been compiled with in relation to the fish.”.
“8. The exportation of fish is prohibited unless there is applied to the fish a trade description in accordance with these Regulations.”.
(a) by omitting from sub-regulation (1) all the words from and including “(if any)” to the end of the sub-regulation and substituting “specified in the third column of the Schedule opposite to the name or description of the fish in the first column of that Schedule”;
(b) by omitting from paragraph (2) (c) “, subject to sub-regulations (3) and (4) of this regulation,”;
(c) by omitting from paragraph (2) (e) “, subject to regulation (5) of this regulation,”; and
(d) by omitting sub-regulations (3), (4), (5) and (6).
(a) by omitting sub-regulation (1) and substituting the following sub-regulations:
“(1) A person who is the owner or occupier of premises used for the processing, storage or examination of fish may apply to the Secretary, in accordance with an approved form, for the registration of those premises as an export establishment or an appointed place or as both an export establishment and an appointed place.
“(1a) An application under sub-regulation (1) or (3)—
(a) shall be in accordance with an approved form;
(b) shall contain the following particulars:
(i) the applicant’s name and address;
(ii) where the application is made otherwise than by a natural person—the name of the person signing the application;
(iii) whether the applicant is the owner or occupier of the premises in respect of which the application is made;
(iv) the nature of the operations to be carried on at the premises and the varieties of fish involved;
(v) in the case of premises other than a vessel—the name, location and postal address of the premises;
(vi) in the case of premises that consist of a vessel—the name of the vessel, its home port and a postal address in relation to the vessel; and
(c) shall be accompanied by—
(i) full particulars of the handling and processing equipment available, or to be made available, at the premises for carrying on the operations that it is proposed to carry on at the premises, and the location of the equipment;
(ii) 3 copies of the plans and specifications of all buildings erected on the premises; and
(iii) in the case of premises other than a vessel—3 copies of site plans of the premises showing the location of all buildings on the premises and any adjacent buildings.”;
(b) by omitting from sub-regulation (2) all the words from and including “as the case may be” to the end of the sub-section and substituting—
“or as both an export establishment and an appointed place, as the case may be, and shall issue to the applicant a certificate of registration of the premises”;
(c) by inserting after sub-regulation (2) the following sub-regulation:
“(2a) A certificate of registration issued under sub-regulation (2)-
(a) shall be in accordance with an approved form; and
(b) shall specify —
(i) the name and address of the person in whose name the premises are registered;
(ii) in the case of premises other than a vessel -the location of the premises;
(iii) in the case of premises that consist of a vessel—the name of the vessel;
(iv) the operations that may be carried on at the premises;
(v) the conditions and restrictions subject to which registration has been granted; and
(vi) the registered number allocated to the premises.”; and
(d) by omitting from sub-regulation (3) “Form 1” and substituting “an approved form”.
“18. (1) Where fish is moved to or from an export establishment, or from an appointed place to a vessel or aircraft for shipment overseas, the transportation facilities shall be hygienic and shall be such that—
(a) the condition of the fish does not change; and
(b) in the case of frozen fish—the temperature of the fish does not rise above minus 18° Celsius.
“(2) Frozen fish shall not be exported unless—
(a) in the case of fish that is to be exported in a shipping container—the container is equipped to hold the fish at a temperature not exceeding minus 18° Celsius and is adequately pre-cooled prior to loading;
(b) in any other case—the vessel or aircraft in which the fish is to be exported—
(i) is equipped to hold the fish at a temperature not exceeding minus 18° Celsius; and
(ii) that part of the vessel or aircraft in which the fish is to be exported is adequately pre-cooled prior to loading; and
(c) the fish is loaded into the vessel or aircraft in which it is to be exported or, in the case of fish that is to be exported in a shipping container, into the container, under the supervision of an officer.
“19. (1) A person who intends to move fish—
(a) from an export establishment to another export establishment or an appointed place; or
(b) from an appointed place to another appointed place or an export establishment,
shall, at least 2 working days before the date on which he intends to move the fish, furnish to an officer, in accordance with an approved form, the prescribed information.
“(2) The prescribed information shall be accompanied by a declaration by the person furnishing the information that—
(a) the information is true and correct in every particular;
(b) the conditions and restrictions applicable in respect of the fish have been complied with; and
(c) the fish is marked in accordance with these Regulations with the trade description applicable to the fish.
“20. (1) A person who intends to export fish shall, at least 3 working days before the date on which he proposes to export the fish, furnish to an officer, in accordance with an approved form, the prescribed information.
“(2) The prescribed information shall be accompanied by a declaration by the person furnishing the information that—
(a) the information is true and correct in every particular;
(b) the conditions and restrictions applicable in respect of the fish have been complied with; and
(c) the fish is marked in accordance with these Regulations with the trade description applicable to the fish.”.
“23. Where an officer is satisfied that fish has been processed and stored in accordance with these Regulations, he shall apply the approved for export stamp to the fish or to the container in which the fish is packed.
“24. (1) Where fish has been examined by an officer and found to comply with the requirements of these Regulations, an officer may issue to the exporter of the fish a permit in an approved form permitting the export of the fish.
“(2) Where fish of the kind referred to in paragraph 4 (1) (a), (c) or (d) complies with sub-regulation 4 (1a), an officer may issue to the exporter of the fish a permit in an approved form permitting the export of the fish.
“(3) An export permit issued under this regulation in respect of fish shall be delivered by the exporter of the fish to a Collector before the exportation of the fish.”
“26. Where fish has been shipped in accordance with these Regulations, an officer shall, if requested to do so by the exporter of the fish, issue to the exporter a certificate, in an approved form—
(a) containing the prescribed information, other than the information specified in paragraph 3a (d), in relation to the fish; and
(b) stating that the fish has been processed and stored in an export establishment in accordance with the requirements of these Regulations and is fit for human consumption.”.
(a) by omitting from the definition of “holiday” in sub-regulation (4) “1922-1963” and substituting “1922”; and
(b) by omitting from the definition of “officer” in sub-regulation (4) “1901-1965” and substituting “1901”.
“THE SCHEDULES
and substituting—
“SCHEDULE”.
(a) by omitting from sub-paragraph 3 (b) in the second column of Item 1 “five inches” and substituting “127 millimetres”;
(b) by inserting in paragraph 8 in the second column of Items 1 and 3 “export” before “establishment”;
(c) by omitting Items 2 and 4;
(d) by inserting in paragraph 7 in the second column of Item 3a “export” before “establishment”;
(e) by inserting in paragraph 5 in the second column of Item 3b “export” before “establishment”;
(f) by omitting from paragraph 6 in the second column of Item 3c “a registered land based” (wherever occurring) and substituting “an export”; and
(g) by omitting from sub-paragraph (1) (c) in the second column of Item 3e “a registered export” and substituting “an export”.
1.
Notified in the
2. Statutory Rules 1949 No. 54 as amended by 1950 No. 38; 1951 Nos. 48 and 127; 1952 No. 105; 1954 No. 43; 1955 No. 51; 1956 Nos. 8, 44 and 121; 1959 No. 77; 1960 No. 37; 1963 No. 139; 1964 No. 105; 1965 No. 92; 1966 No. 48; 1967 No. 161; 1969 No. 32; 1970 No. 145; 1971 No. 105; 1972 No. 9; 1973 No. 13; 1975 No. 170; 1977 No. 253; 1978 No. 38; 1980 No. 124.
0
0
0