Grain, Plants and Plant Products Orders (Cth)

Grain, Plants and Plant Products Orders

Orders No. 6 of 1985 as amended

made under regulation 3 of the

Export Control (Orders) Regulations 1982

This compilation was prepared on 25 June 2003
taking into account amendments up to Grain, Plants and
Plant Products Amendment Orders 2003 (No. 1)

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

Contents

Part 1Preliminary

1Citation [see Note 1]   5

2Commencement   5

3Incorporation with Prescribed Goods (General) Orders   5

4Application   5

5Interpretation   5

Part 1AExport of certain prescribed goods prohibited absolutely

5AProhibition   8

Part 2Export of prescribed goods prohibited unless conditions or restrictions complied with

6Prohibition   9

7Exemptions   9

Part 3Registered establishment

8Preparation in registered establishment   10

9Registration of establishment   10

Part 4Product standards

10Prescribed goods to comply with product standards   11

Part 5Trade descriptions

11Trade descriptions must be accurate   12

12Grade description of prescribed goods   12

Part 6Export clearance

Division IShip inspection

13Arrangements for ship to be surveyed or inspected before loading          13

14Marine surveyor to be appointed by shipowner or agent and approved by shipper           13

15Acceptance of marine surveyor’s certificate   13

16Obligations of marine surveyor   14

Division IILoading permit

17Loading permit to be obtained   14

18Request for loading permit   14

19Information required for loading permit   15

20Issue of loading permit   15

21Validity of loading permit   16

22Suspension or cancellation of loading permit where conditions have changed after inspection     16

23Surrender of loading permit   16

Division III             Notice of intention and export permit for grain

24Notice of intention to export grain   17

25Certificates of analysis   17

26Export permit   17

Division IVNotice of intention and export permit not required for plants and plant products

27Provisions not to apply   18

Part 7Certification

28Certificate as to condition   19

29Phytosanitary certificates   19

Part 8Inspection procedures

30Inspection of ships and container system units   20

31Inspection of grain, plants and plant products   21

32Prescribed goods to be reinspected   22

Part 9Sealing and identification of container system units

33Sealing and identification of empty container system units                    23

34Loading of container system units in absence of authorized officer         23

Part 10Repeal

35Repeal of orders   24

Schedule 1Requirements for registered establishments   25

Schedule 2Marine surveyors’ qualifications   30

Schedule 3Phytosanitary certification — issue of certificates   31

Schedule 4Inspection and treatment procedures for ships and container system units          39

Schedule 5Inspection procedures for grain, plants and plant products            69

Part 1Preliminary   71

Part 2Bulk prescribed goods   72

Part 3Bagged prescribed goods being loaded into ships’ holds   78

Part 4Bulk prescribed goods being loaded into container system units            81

Part 5Bagged prescribed goods being loaded into container system units        83

Part 6Prescribed goods inspected for phytosanitary certification   84

Part 7Treatment of rejected goods   84

Notes    87

Part 1  Preliminary

1. Citation [see Note 1]

These Orders may be cited as the Grain, Plants and Plant Products Orders.

1. Commencement

These Orders shall come into operation on 29 April 1985.

1. Incorporation with Prescribed Goods (General) Orders

These Orders shall be read as one with the Prescribed Goods (General) Orders made under the Export Control (Orders) Regulations.

1. Application

4.1   Subject to Part 2 of the Prescribed Goods (General) Orders, these Orders apply to, or in relation to, prescribed goods being:

(a)    grains; and

(b)    plants and plant products for which a phytosanitary or any other form of certificate is required by a foreign country authority.

1. Interpretation

5.1   In these Orders, unless the contrary intention appears:

approved means approved by the Secretary by instrument in writing.

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 and intended for export at the 1 time and may consist of 1 or more lots or parts of lots.

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

contaminant means foreign matter.

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.

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

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 grain presented for export is stored, treated, loaded, handled or inspected.

foreign matter means any substance, whether organic or inorganic, that is not permitted by these Orders, that is included in or with the goods.

grain holder means a gallery, conveyor, container system unit, rail truck, motor vehicle or other appliance used, or to be used, in the movement of grain presented for export.

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.

IPPC means the International Plant Protection Convention of the Food and Agriculture Organization 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.

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

marine surveyor means a surveyor having the minimum qualifications and experience specified in Schedule 2.

NH & MRC means the National Health and Medical Research Council.

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).

pest means any form of plant or animal life (including insects, rodents, birds and other vermin), or any pathogenic agent, injurious or potentially injurious to grain, plants or plant products or to the consumers of those products and includes disease.

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 other than grain.

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

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 Prescribed Goods (General) Orders.

shipper means a person responsible for supplying on board a ship a cargo for an exporter.

sorghum means whole unmilled seed of Sorghum bicolor.

soybeans means whole unmilled seed of Glycine max.

split vetch means split seed of Vicia sativa

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

whole vetch means whole seed of Vicia sativa

5.2   A reference to a species of plant in a definition of a kind of grain in suborder 5.1 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.

Part 1A                   Export of certain prescribed goods prohibited absolutely

5A           Prohibition

The export of prescribed goods being split vetch is prohibited absolutely.

Part 2  Export of prescribed goods prohibited unless conditions or restrictions complied with

1. Prohibition

The export of prescribed goods is prohibited unless the conditions or restrictions specified in these Orders and the relevant conditions or restrictions specified in Part 3 of the Prescribed Goods (General) Orders are complied with.

1. Exemptions

An exemption from orders that apply to the export of prescribed goods may be granted in accordance with Part 4 of the Prescribed Goods (General) Orders.

Part 3  Registered establishment

1. Preparation in registered establishment

Subject to order 9, prescribed goods shall be prepared in a registered establishment.

1. Registration of establishment

Where:

(a)    exports of prescribed goods from an establishment exceed, or are likely to exceed, 10 000 tonnes per annum; or

(b)    the presence of an authorized officer is, or is likely to be, required for inspection purposes for more than 30 working days per annum;

the establishment used for the preparation or inspection of prescribed goods shall:

(c)    be registered in accordance with Part 5 of the Prescribed Goods (General) Orders; and

(d)    comply with such of the requirements specified in Schedule 1 to these Orders as are determined by the Secretary.

Part 4  Product standards

1. Prescribed goods to comply with product standards

Prescribed goods shall:

(a)    be free, in inspected samples, of live insects or mites;

(b)    contain no contaminants above the relevant levels specified in Schedule 5;

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

(d)    be loaded into containers or container system units that are clean and free from any of the things referred to in paragraphs (a), (b) and (c);

(e)    not be loaded into containers or container system units with other goods that may cross-infest or cross-infect the prescribed goods;

(f)    in the case of grain — not be loaded into containers or container system units with other goods that may contaminate the grain; and

(g)    be prepared or inspected in a registered establishment, or at premises that are maintained in a clean condition or in a condition that will not cross-infest the goods or contaminate the grain.

Part 5  Trade descriptions

1. Trade descriptions must be accurate

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

1. Grade description of prescribed goods

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

Part 6  Export clearance

Division I                 Ship inspection

1. Arrangements for ship to be surveyed or inspected before loading

13.1   The master of a ship into which it is intended to load grain for export shall, before loading commences, arrange for the ship to be surveyed by a marine surveyor.

13.2   Where plants and plant products are to be loaded, an authorized officer shall, in accordance with the provisions specified in Schedule 4, inspect a ship or container system unit into which it is intended to load plants or plant products for export.

1. Marine surveyor to be appointed by shipowner or agent and approved by shipper

14.1   The shipowner or shipowner’s agent shall provide an authorized officer with a declaration, approved by the shipper of the grain, that a named marine surveyor has been appointed to survey the ship for the purpose of ensuring that the ship is suitable to carry the grain.

14.2   For the purpose of suborder 14.1:

(a)    only a marine surveyor possessing the qualifications specified in Schedule 2 shall be appointed; and

(b)    the declaration may include a list of appointed marine surveyors.

1. Acceptance of marine surveyor’s certificate

Where a shipowner has:

(a)    appointed a marine surveyor in accordance with suborder 14.1; or

(b)    declared a list of appointed marine surveyors in accordance with paragraph 14.2 (b);

the authorized officer shall accept a certificate referred to in order 16, for the purposes of issuing a loading permit, only where the name of the marine surveyor issuing that certificate appears in the declaration.

1. Obligations of marine surveyor

A marine surveyor appointed under suborder 14.1 shall:

(a)    survey the ship; and

(b)    give particular regard to freedom from conditions that could result in contaminating, wetting or imparting an odour to grain;

and where the marine surveyor is satisfied as to the suitability of the ship to carry grain, the marine surveyor shall furnish to the master of the ship a certificate to that effect.

Penal provision

Division II               Loading permit

1. Loading permit to be obtained

17.1   Subject to suborder 17.2, a loading permit shall be obtained before prescribed goods can be loaded into a ship or container system unit.

17.2   A loading permit is not required where the quantity of the prescribed goods to be loaded is less than:

(a)    in the case of a ship — 500 tonnes; or

(b)    in the case of a container system unit — 10 tonnes.

1. Request for loading permit

Subject to suborder 17.2, a person who intends to load a ship or container system unit with prescribed goods for export shall furnish to an authorized officer an application for a loading permit containing the information specified in order 19 relating to the goods.

1. Information required for loading permit

The following information is required in relation to a request for a loading permit:

(a)    where loading of a ship is to take place:

(i)    the name of the ship;

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

(iii)        the name and address of the person requesting the loading permit if different from that required under subparagraph (ii);

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

(v)    the loading port and berth; and

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

(b)in the case of loading into a container system unit:

(i)    the name and address of the person requesting the loading permit;

(ii)    the place at which the units are to be inspected; and

(iii)    the number of such units to be inspected;

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

(d)    where goods other than prescribed goods (including bags) are to be loaded into a ship or container system unit with prescribed goods, a description of those goods (including their mass) and where they can be inspected prior to loading.

1. Issue of loading permit

Where:

(a)    an authorized officer has inspected a ship or container system unit in accordance with procedures specified in Schedule 4; and

(b)    in the case of grain — the master of the ship has furnished a certificate issued by a marine surveyor in accordance with order 16;

the authorized officer shall issue a loading permit to the person who lodged the application under order 18.

1. Validity of loading permit

A loading permit issued in accordance with order 20 shall be valid for a period of 21 days after the date upon which it was signed by an authorized officer.

1. Suspension or cancellation of loading permit where conditions have changed after inspection

Where an authorized officer has reasonable cause to believe that, since the issue of a loading permit, the conditions on the ship or in the container system unit have changed, the authorized officer may suspend the loading permit and an authorized officer may inspect the ship or the container system unit and if, having regard to the condition of the ship or container system unit, as the case may be, an authorized officer is satisfied that a condition or restriction applicable to the prescribed goods has not been complied with, the authorized officer shall cancel the loading permit.

1. Surrender of loading permit

Where a loading permit has been suspended or cancelled in accordance with order 22, the person to whom the permit was issued shall forthwith surrender the loading permit and any copy of the permit in his or her possession to an authorized officer.

Penal provision

Division III              Notice of intention and export permit for grain

1. Notice of intention to export grain

24.1   This Division applies notwithstanding the requirements of Part 8 of the Prescribed Goods (General) Orders in relation to a notice of intention to export grain.

24.2   In addition to the information prescribed in Part 8 of the Prescribed Goods (General) Orders, a person who intends to export grain shall furnish to an authorized officer, on an approved form, the following information:

(a)    the date the grain is to be loaded if different from the date of departure;

(b)    in the case of grain shipped in bulk — the time at which it is to be loaded;

(c)    details of any post-harvest treatment of a pest control nature to which the grain may have been subjected in the preceding 28 days;

(d)    the number and kind of packages in which the grain is to be exported.

24.3   Where any information prescribed under suborder 24.2 cannot be provided at the time of furnishing the notice of intention to export, or the quantity of grain presented for inspection differs from that ultimately intended for export, the exporter shall provide such information before an export permit may be provided by an authorized officer.

1. Certificates of analysis

The owner, processor or exporter of grain, or agent thereof, shall provide to an authorized officer, at the time of inspection of the grain, such certificates of analysis or quality in respect of the grain as are determined by the Secretary.

1. Export permit

26.1   Where an authorized officer carrying out inspection of grain in accordance with Schedule 5 is satisfied that the relevant conditions or restrictions have been complied with in respect of the grain, an authorized officer shall issue or cause to be issued an export permit in accordance with Part 9 of the Prescribed Goods (General) Orders.

26.2   In exceptional circumstances the Secretary may permit the issue of a duplicate export permit in relation to grain after issue of an export permit in accordance with suborder 26.1.

Division IV              Notice of intention and export permit not required for plants and plant products

1. Provisions not to apply

The provisions of Parts 8 and 9 of the Prescribed Goods (General) Orders do not apply to plants and plant products.

Part 7  Certification

1. Certificate as to condition

Where an exporter requires a certificate as to the condition of grain in respect of which an export permit has been granted, the export permit shall be taken to be that certificate, except where separate certification is required to meet the requirements of a foreign country authority.

1. Phytosanitary certificates

29.1   In relation to plants and plant products, an exporter shall submit to an authorized officer:

(a)    a duly completed phytosanitary certificate;

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

(c)    any necessary certificates of analysis.

29.2   In relation to grain for which a phytosanitary certificate is required, an exporter shall submit a duly completed phytosanitary certificate to an authorized officer at the time the notice of intention to export the grain is submitted.

29.3   In relation to goods for which a phytosanitary certificate is requested by the exporter, inspection shall be carried out and certification shall be issued in accordance with Schedules 3
and 5.

29.4   A person other than an authorized officer shall not issue a phytosanitary certificate or a document purporting to be a phytosanitary certificate.

Penal provision

Part 8  Inspection procedures

1. Inspection of ships and container system units

30.1   Where an application to load a ship or container system unit with prescribed goods in accordance with order 18 has been received, an authorized officer shall:

(a)    in the case of grain:

(i)    be satisfied that certification has been issued by a marine surveyor in accordance with order 16 as to the suitability of the ship to carry grain;

(ii)    inspect the ship or container system unit to ensure that the cargo spaces and other parts of the ship, or the container system unit, or any cargo already loaded therein is not likely to infest or infect with pests grain that is loaded into the cargo spaces or container system unit, as the case may be;

(iii)    be satisfied that no material is present in the cargo spaces or other parts of the ship or container system unit that is likely to harbour pests;

(iv)    be satisfied that no material is present in the container system unit that is likely to contaminate the grain; and

(v)    be satisfied that the container system unit is not otherwise in a condition that could result in the infestation or infection of the grain;

(b)    in the case of plants and plant products:

(i)    be satisfied that the cargo spaces and other parts of the ship or the container system unit, or any cargo already loaded therein, will not infest or infect with pests the plants or plant products that are loaded into those spaces, parts or the container system unit;

(ii)    be satisfied that no material is present in the cargo spaces of the ship or container system unit that is likely to harbour pests; and

(iii)    be satisfied that the container system unit is not otherwise in a condition that could result in the infestation or infection of the plants and plant products; and

(c)    be satisfied that the requirements specified in Schedule 4 have been complied with.

30.2   Subject to suborder 30.3, where, as a result of an inspection under suborder 30.1, an authorized officer considers that the conditions specified in suborder 30.1 have not been met, the officer shall advise the master of the ship or the person responsible for the container system unit that the ship or unit is not to be used for the export of prescribed goods, and may order treatment in accordance with Schedule 4 to be carried out.

30.3   Where, as a result of an inspection under suborder 30.1, an authorized officer finds live insects of Trogoderma spp. in any part of a ship or container system unit, the officer shall advise the master of the ship or the person responsible for the container system unit that the ship or unit is not to be used for the export of prescribed goods, and may order treatment in accordance with procedures specified in Schedule 4 for the control of Trogoderma spp.

30.4   Upon receipt of advice under suborder 30.2 or 30.3, the master of the ship or the person responsible for the container system unit may treat the ship or container system unit in accordance with the procedures specified in Schedule 4 and may, upon completion of the treatment, request that the ship or container system unit be reinspected.

30.5   (Where upon subsequent inspection an authorized officer is not satisfied as to the efficacy of the treatment ordered under
suborder 30.2 or 30.3, the authorized officer may re-order treatment.

1. Inspection of grain, plants and plant products

Grain, plants and plant products shall be inspected in accordance with Schedule 5.

1. Prescribed goods to be reinspected

Prescribed goods may be reinspected in accordance with Part 10 of the Prescribed Goods (General) Orders.

Part 9  Sealing and identification of container system units

1. Sealing and identification of empty container system units

An empty container system unit that is inspected and subsequently transported elsewhere for loading shall:

(a)    be sealed after inspection by or under the direction of an authorized officer using an official mark the design of which is specified in Schedule 10 to the Prescribed Goods (General) Orders; and

(b)    have applied to it after inspection by or under the direction of an authorized officer an inspection sticker to identify the unit as having been inspected.

1. Loading of container system units in absence of authorized officer

Where a container system unit is inspected, sealed and identified in accordance with order 33 and the unit is to be loaded at its destination in the absence of an authorized officer, the person responsible for the prescribed goods that are to be loaded into the unit:

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

(b)    may remove any official mark applied in pursuance of paragraph 33 (a) provided the broken mark is returned with the unit when it is presented for inspection;

(c)    shall not remove or obliterate the inspection sticker applied in pursuance of paragraph 33 (b); and

(d)    shall comply with the provisions specified in clause 19 or 24 of Schedule 5.

Part 10                   Repeal

1. Repeal of orders

The Grain, Plants and Plant Products Orders, Orders No. 6 of 1984 are repealed.

Schedule 1          Requirements for registered establishments

(Order 9)

TABLE OF CONTENTS

Clause

1.         General

2.         Application for registration

3.         Requirements for plans and specifications

4.         Alterations, extensions and rearrangements to establishments

5.         General servicing requirements

6.         Operational conditions

7.         Facilities for drawing and inspecting samples

8.         Staff amenities

General

1. Where an establishment used for the storage, treatment, loading, handling or inspection of prescribed goods requires registration under order 9, the procedures specified in the following provisions of this Schedule shall apply.

Application for registration

1. An application for registration shall be completed in duplicate and returned to the authorized 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.

Requirements for plans and specifications

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

3.2           Plans submitted under clause 2 shall show all major dimensions and the scale and shall include details of inspection facilities and amenities required under subclauses 7.1 and 8.1.

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

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

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

(c)    a general floor plan;

(d)    elevations of all buildings comprising the establishment;

(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.

Alterations, extensions and rearrangements to establishments

1. Notice of changes to a registered establishment that may result in residual infestation problems or that may affect sampling and inspection of prescribed goods shall be submitted in accordance with clause 2.

General servicing requirements

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

5.2   Incinerators shall be designed, sited and constructed so as to cause no hygiene hazard or potential source of contamination to prescribed goods.

Operational conditions

6.1           A registered establishment shall be constructed, equipped and operated in an efficient and hygienic manner and have a defined program of hygiene and pest control.

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

6.3           Records shall be kept as follows:

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

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

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

(b)    for grain treatment, pest control records shall be available for all non-routine pest control measures carried out in conjunction with paragraph 6.3 (a) consisting of:

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

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

(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)    where structural treatment is undertaken, records shall be kept for all non-routine pest control measures to indicate:

(i)    the areas involved;

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

(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 6.3 (b) and 6.3 (c) shall also be available.

6.4   The occupier of a registered establishment shall keep records of receivals and loadings, and these records shall be made available to an authorized officer.

Facilities for drawing and inspecting samples

7.1           The occupier of a registered establishment shall provide the following facilities for safe and effective inspection at bulk grain establishments and other establishments that have a capacity to load commodities at a rate greater than 400 tonnes per hour in bulk onto ships:

(a)    an automatic sampling system of demonstrated reliability that will deliver to a sampling room a sample of the grain from every grain path going separately to the ship at the rate specified in Schedule 5;

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

(c)    a sampling room that:

(i)    complies substantially with the provisions outlined in the publication ‘Occupational Safety and Health in Australian Government Employment — A Code of General Principles’, AGPS 1975;

(ii)    complies substantially with Australian Standard 1269-1979 — SAA Hearing Conservation Code;

(iii)    complies substantially with Australian Standard 1680-1976 Code of Practice for Interior Lighting and the Visual Environment;

(iv)    complies substantially with ‘Thermal Comfort at Work — Occupational Safety and Health Working Environment Series 14’, AGPS 1981;

(v)    complies with NH & MRC approved occupational health guide ‘Threshold Limit Values’;

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

(vii)    has power, load indicators showing grain 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; and

(viii)    shall comply with codes published by State or Territory authorities where these differ from subparagraphs 7.1 (c) (i) to (vi) inclusive.

7.2           The occupier of a registered establishment shall 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, or bagged goods in any quantity onto ships or into container system units:

(a)    provision for collection of samples in a safe and effective manner at the rate specified in Schedule 5;

(b)    in exposed or dusty areas or where more than one loading point is in operation at any one time, the Secretary may require the provision of an automatic sampling system.

Staff amenities

8.1   Facilities which meet the following guidelines shall be made available for authorized officers:

(a)    access to toilet facilities, separate in the case of female officers, and 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 where these facilities are not provided in a sampling room.

8.2           Plans of such facilities shall be submitted for approval in accordance with clause 2.

8.3           Existing facilities which meet these guidelines need not be changed and plans are not required.

8.4   The office area shall comply with the relevant safety and health codes as detailed in paragraph 7.1 (c).

Schedule 2          Marine surveyors’ qualifications

(Order l4)

The qualifications for a marine surveyor shall be:

(a)    Certificate of Competency as Master ( Foreign-going) or its current equivalent; and

(b)    a marine surveyor shall have:

(i)    experience in frequently inspecting ships for suitability to load grain over a period of 12 months; or

(ii)    inspected at least 10 ships for suitability to load grain over a maximum period of 2 years while in the company of a marine surveyor.

Schedule 3          Phytosanitary certification — issue of certificates

(Order 29)

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 authorized officer

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.       Reinspection of delayed consignments

Inspection

1. For the purposes of issuing a phytosanitary certificate, inspection shall be carried out by or under the authority of technically qualified authorized officers.

Certification

1. Phytosanitary certificates may be altered by an authorized officer and where an alteration is made the authorized officer shall 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.

Responsibility of exporter

3.1   The exporter shall request the necessary inspection and certification if a foreign country authority so requires.

3.2           It shall be the responsibility of the exporter to ascertain and comply with the requirements of a foreign country authority.

Conditions of issuance

4.1Certification shall be provided where it can be verified that a foreign country requirement for such certification exists.

4.2           Certificates shall be addressed to a foreign country authority unless the Secretary determines otherwise.

4.3   Phytosanitary certificates shall not be issued or used for commercial purposes.

Forms of certificates

5.1   Subject to subclause 5.3 or 5.4, the form of certificate shall 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 shall be used.

5.3   Aligned format certificates may be used.

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

Importing country requirements

6.1           Where a phytosanitary certificate is required but a foreign country authority has not prescribed specific conditions for the goods concerned, an authorized officer shall regard all detected pests as injurious for the purposes of phytosanitary inspection.

6.2           The Secretary shall determine whether certificates shall be issued in cases where information on the requirements of a foreign country authority are not known.

Name of authorized officer

7.1           The name of an authorized officer shall be typed or written in block letters on the certificate.

7.2           Where the consignment was inspected by more than one officer, the name of the most senior officer shall be used on the certificate.

Disinfestation or disinfection treatment

8.1           Where prescribed goods have been subjected to a form of treatment immediately prior to inspection, or as a result of inspection, this shall be detailed in the section provided on the certificate.

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

8.3           Where prescribed goods are not to be subject to treatment, the relevant section provided on the certificate shall be ruled over.

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 where such declarations are specified by a foreign country authority, or are included in import permits, and where the matter can be verified by an authorized officer.

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

9.3           Where 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.

Signature

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

10.2         Where certificates are signed by an authorized officer other than the inspecting officer, records shall exist to confirm inspection of the prescribed goods and that the matters attested to in the certificate are correct.

Other endorsements

11.1   Where a foreign 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 shall be allowed for inspection prior to shipment.

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

Description of the consignment

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

12.2   Container system unit numbers shall be included.

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

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

12.5         Where a separate sheet or the back of the form is used for additional information it shall be stamped and signed by the same authorized 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 shall be ruled off before an authorized officer signs the certificate.

Name of goods

13.1   Both the common and botanical name of the goods shall appear on the certificate for living plants and propagation material, including seeds.

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

13.3         Where 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.

13.4         Botanical names are not required for common horticultural commodities for human consumption.

Consignee’s name and address

1. The name and address of the consignee shall be specified on the certificate where possible.

Point of entry

1. The point of entry shall be specific to the country of import and, where possible, the actual port of importation.

Quality statements

1. Information such as details of purity and viability of seeds or statements attesting to the quality of the goods shall not be included.

Number of copies to be issued

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

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

Copy required by the Secretary

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

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

Re-exports from Australia

19.1   Re-export phytosanitary certificates shall be issued for prescribed goods re-exported from Australia if phytosanitary certification is required by a foreign country authority where:

(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 shall not be issued for products rejected under the Quarantine Act 1908 for entry into Australia.

19.3         Where 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   Where 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 a foreign 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 shall not be provided and recourse shall be had to the full re-export requirements of the IPPC.

19.6   Where imported goods not accompanied by a phytosanitary certificate are to be exported, a re-export phytosanitary certificate shall be issued for the goods provided that:

(a)    a reference to the phytosanitary certificate of the country of origin shall be deleted from the re-export phytosanitary certificate;

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

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

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

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

Reinspection of delayed consignments

20.1         Reinspection of prescribed goods shall be necessary if:

(a)    the time between inspection and export has exceeded 21 days; or

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

20.2   Where the period exceeds 21 days reinspection shall be carried out to assess whether the originally issued certificate shall remain valid.

20.3         Where delays are likely to occur in the shipment of consignments after phytosanitary inspection has taken place, appropriate measures shall 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 grain — contamination before shipment.

20.4         Where, after reinspection in accordance with subclause 20.2, the original phytosanitary certificate is not valid, the exporter shall surrender all copies of the certificate to an authorized officer.

20.5         Where reinspection is requested by the exporter, the consignment shall be re-inspected if all copies of the original phytosanitary certificate are surrendered to an authorized officer.

Schedule 4          Inspection and treatment procedures for ships and container system units

(Order 30)

TABLE OF CONTENTS

Clause

1.         Adequate natural lighting

2.         Inspections away from a wharf

3.         Two or more ports loading prescribed goods

4.         Inspection at other than the loading port

5.         Part-loaded ships

6.         Inspection of non-prescribed goods joint-stowed with
            prescribed goods

7.         Inspection procedures

8.         Opening of hatches

9.         On entering a hold

10.       Timber tank-top ceiling

11.       Bilges and coffer-dams

12.       Timber bulkhead sheathing

13.       Timber covering propeller-shaft tunnel

14.       Deck beams and coamings

15.       Cable casings

16.       Degaussing casings

17.       Ventilator shafts

18.       Dunnage

19.       Feeders and shifting boards

20.       Hatch covers

21.       Other sites

22.       Holds not intended for loading with grain

23.       Inspection of other spaces adjoining holds

24.       Ships’ stores and general galley areas

25.       Procedures and criteria for deciding treatment

26.       Holds loading prescribed goods

27.       Holds not loading prescribed goods and other areas except
            ships’ provision stores

28.       Ships’ stores and general galley areas

29.       Treatment definitions

30.       Moth or beetle infestations

31.       Removal of fitments

32.       Types of treatment for holds already part-stowed with cargo

33.       Types of treatment for ships’ stores

34.       Unsatisfactory treatments

35.       Approved chemicals and minimum treatment requirements

36.       Fumigants

37.       Rodenticides

38.       Insecticides

39.       Failure to carry out a specified treatment

40.       Washing down of ships’ holds combined with insecticide
            spraying

41.       Inspection procedures for residues

42.       Rust and paint scale in cargo-loading holds

43.       Infestible residues in cargo-loading holds — criteria for
            ordering removal

44.       Removal of residues from timber structures and other
            removable hold fitments — criteria for ordering removal

45.       Infested residues

46.       Infestible residues elsewhere ,

47.       Non-infestible residues in holds loading prescribed goods

48.       Disposal of residues

49.       Rodent infestation

50.       Inspection procedures for rodents

51.       Estimation of population levels

52.       Criteria for deciding treatment for rodent infestations

53.       Treatment order

54.       Reinspection

55.       Treatment failure

56.       Combined ship inspection report and treatment order form

57.       Reporting conditions

58.       Deratisation fumigations

59.       Time of issue

60.       Second and subsequent inspections

61.       Time to elapse after insecticidal spraying treatment

62.       Reinspection of timbered sites

63.       Post-fumigation inspection

64.       Unsatisfactory treatment

65.       Part acceptance of ship

66.       Sighting of marine surveyor’s certificate

67.       Issuing the loading permit

68.       Completion of form

69.       Empty container system unit inspection

70.       Place of inspection

71.       Assistance to be given to authorized officers

72.       Inspection procedures for empty container system units

73.       Rejection of empty container system units

1. Trogoderma spp.

75.       Treatment orders

76.       Treatment of empty container system units

77.       Reinspection of empty container system units following
            treatment

78.       Where the condition of the container system unit has
            changed

Adequate natural lighting

1.1   Adequate lighting for the inspection of ships’ cargo spaces and other places on ships is required.

1.2   The following considerations shall be used to determine whether lighting is adequate:

(a)    inspection shall not commence until half an hour after sunrise and shall cease half an hour before sunset;

(b)    light clusters are not a permitted alternative to daylight for the purpose of inspecting for insect pests, except for ships where hold spaces cannot be naturally illuminated.

1.3   Ships’ store rooms and general galley areas are normally completely or partly illuminated by artificial light and may be inspected outside the time limits specified in paragraph 1.2 (a).

Inspections away from a wharf

2.1   Inspection away from a wharf may be undertaken by an authorized officer where anchorage inspections have been agreed to as the general policy by the State or Territory Department employing the officer.

2.2   Authorized officers may decline to leave shore, or to start or continue inspections, if weather or other conditions are such that they consider it unsafe to do so.

2.3           An authorized officer may discontinue inspection when findings indicate that a ship shall have to be brought to shore for cleaning or treatment and recommence inspection after berthing.

Two or more ports loading prescribed goods

3.1           Where a ship has to complete loading at:

(a)    a second or subsequent port in the same State or Territory; or

(b)    a second or subsequent port in another State or Territory;

a complete inspection shall be made at:

(c)    the first port of loading; or

(d)    subject to clause 4, another port nominated by the shipowner or shipowner’s agent only where a certificate issued by an approved marine surveyor is made available; and

(e)    a loading permit for the spaces specified in the certificate issued by the marine surveyor shall be issued at the first port of loading.

3.2   On arrival at a second or subsequent port, further inspections shall not be made of the spaces to be loaded in those ports unless inspection of ballast spaces is necessary.

Inspection at other than the loading port

1. Ships may be inspected, treatment ordered and reinspection made, where necessary, at any port nominated by the shipowner or shipowner’s agent, provided that there is an authorized officer resident at the port, or that it is a port where grain loading normally takes place.

Part-loaded ships

1. Where a ship that is part-loaded with cargo is to be inspected any discharge or loading of cargo from the holds shall cease while the inspection is being undertaken and any ‘tween deck hatch covers shall be removed in order to permit the inspection of lower holds.

Inspection of non-prescribed goods joint-stowed with prescribed goods

6.1   Other cargo that could harbour pests and diseases or contaminate prescribed goods and that is to be stowed with prescribed goods in the same hold shall be inspected by an authorized officer prior to loading.

6.2   A loading permit shall not be granted if other cargo is found to be infested with pests or in a condition that could contaminate prescribed goods.

Inspection procedure

7.1           On boarding the ship, an authorized officer shall obtain from the master the information required to complete the relevant sections of Part A of the ship inspection and treatment order form, as published by the Department.

7.2           An authorized officer shall require a ship’s officer to accompany the authorized officer during the inspection to ensure the provision of all assistance necessary.

Opening of hatches

1. Hatches shall be opened fully where possible.

On entering a hold

9.1           On entering a hold, an authorized officer may examine all sites that may harbour infestible residues, insects or rodents.

9.2   Where it is apparent that ladders or other equipment are required to enable an authorized officer to safely inspect otherwise inaccessible areas in the hold, the ship’s master shall make these available and this shall be ordered on a treatment order form if necessary.

9.3           Masters shall make available sufficient crew to erect ladders and move them from hold to hold.

Timber tank-top ceiling

10.1         Where a timber tank-top ceiling is fitted, an authorized officer shall order the lifting of a minimum of 3 planks to facilitate inspection.

10.2         Where covered, sufficient sections of any covering material shall be removed in order to facilitate the lifting of the required number of planks.

10.3         Where a ceiling is caulked, an authorized officer shall examine it carefully to determine the thoroughness of the caulking.

10.4         Where the caulking is ineffective in preventing cargo residues from lodging in cracks or beneath the ceiling, an authorized officer shall order the lifting of planks.

10.5   The planks to be lifted shall be selected by an authorized officer on the basis of those which the officer considers contain or could contain the greatest amount of residues beneath them.

10.6   In the case of a ship with a history of no previous infested cargoes, an authorized officer may reduce the number of planks to be lifted after the first hold.

10.7   Where, after lifting planks, an authorized officer is unable to decide the infestation level, the officer shall order the lifting of additional planks until this decision can be made.

Bilges and coffer-dams

11.1   In holds fitted with limber boards covering bilges, a minimum of 2 sections of the boards shall be removed from each side of all lower holds to facilitate the inspection of a reasonable area of the compartments.

11.2         An authorized officer shall nominate the sections of the limber boards to be removed and, in selecting these, the officer shall avoid those that are lifted by marine surveyors for the purpose of checking bilge pumps.

11.3         An authorized officer shall examine every bilge compartment in ships which have only bilge wells.

11.4         Where present, coffer-dams in bulkheads shall be inspected.

Timber bulkhead sheathing

12.1   Except where a bulkhead sheathing has just been completely replaced, an authorized officer shall order the lifting of sufficient planks so that a proper inspection of the area covered can be made.

12.2         Where a lining has been covered by a new layer of planks, metal or plywood, sufficient of the new covering shall be removed to enable the condition of the older sheathing to be determined.

12.3   Where any part of the older sheathing shows signs of damage or gaps in the timber, an authorized officer shall order parts of the older sheathing to be dismantled.

Timber covering propeller-shaft tunnel

1. Where there is any evidence of a space between the planking and the tunnel where residues may have collected, an order shall be given for the removal of the appropriate sections.

Deck beams and coamings

14.1         Deck beams and coamings shall be inspected as far as practicable.

14.2         When a ladder is used it shall be erected on both sides of the hold in a position that will facilitate the inspection of beams and coamings.

14.3         The beams visible from ladders fixed in the hold shall not be used as the sole criterion for deciding the cleanliness of deck beams.

14.4         Where it is not possible to gain access to beams and an authorized officer has reasonable cause to believe that there are insects or residues on the beams, the officer shall order cleaning of these areas.

14.5         An authorized officer shall be present during the cleaning operations to ensure that all residues have been removed.

Cable casings

15.1         Where there is any evidence that residues are inside casings, or could gain entry through cracks or ill-fitting joints, an authorized officer shall order the removal of 1 or 2 sections in each hold.

15.2   Where casings are obviously new and in sound condition or where they have recently been removed, cleaned and sealed, an authorized officer shall ensure only that residues are effectively prevented from entering and sections shall not be removed if sealing is adequate.

15.3         All infestible residues shall be removed from cable casings before a loading permit is issued.

15.4         Where pesticidal treatment is required, all residues shall be removed beforehand and sufficient casings dismantled to permit a thorough post-treatment inspection.

Degaussing casings

16.1         An authorized officer shall examine degaussing casings to determine whether precautions have been taken with respect to sealing joints.

16.2   Where joints are adequately sealed so that insects or grain residues could not lodge inside the casings, sections shall not be removed.

16.3         Where there are gaps in the casing through which grain or insects could enter, an authorized officer shall order the removal of a number of sections in each hold, choosing those adjacent to the widest openings.

Ventilator shafts

1. Ventilator shafts shall be examined where there is evidence of infestible residues or pests in them.

Dunnage

18.1         For the purposes of this clause, ‘dunnage’ means any material such as timber planks, hatch boards, bamboo, paper and burlap placed beneath or around the cargo to separate or protect it during transit.

18.2         An authorized officer shall inspect such material, including part of the deck surface beneath the stack, for residues and pests.

18.3         Where infested dunnage is stored in mast houses, lockers, fo’c’sle spaces and other areas outside holds, an authorized officer shall ensure that no cross-infestation risk to the cargo holds exists.

Feeders and shifting boards

19.1         Where feeders are covered with hessian, a proportion of the hessian shall be removed to facilitate examination.

19.2         Where necessary for inspection, an authorized officer shall order sections of timber removed.

19.3         Where shifting boards are fitted, they shall be inspected as for feeders.

Hatch covers

20.1   Patent hatch covers constructed with strengthening girders which form ledges beneath the cover shall be inspected.

20.2         Where an authorized officer determines that a detailed inspection is required, the hatch covers shall be pulled back section by section to facilitate such inspection.

20.3         Pontoon hatch covers shall be lifted or turned over as necessary to permit adequate examination for residues.

Other sites

1. In addition to sites within holds, other areas such as fo’c’sle lockers and mast houses shall be inspected by an authorized officer to ensure that there is no risk to the cargo.

Holds not intended for loading with grain

22.1   In assessing the possibility of cross-infestation of grain from adjacent empty holds, an authorized officer shall determine whether such cross-infestation could occur:

(a)    through cable, pipe and degaussing casings which pass from one hold to another,

(b)    through the bilges;

(c)    through the upper decks in ships having common shelter decks and ‘tween decks;

(d)    through timber bulkheads in ships having common holds; or

(e)    by flight over coamings.

22.2   An authorized officer may order treatment only in accordance with clause 27.

22.3         Where ships are to be only part loaded with prescribed goods, an authorized officer shall apply the following procedures:

(a)    an inspection shall be made of all cargo spaces not loading prescribed goods, additional to the inspection of cargo-loading holds;

(b)    where pest-free residues are found in holds not loading cargo, an order shall not be made for their removal;

(c)    when a treatment order is completed in respect of non-cargo-loading holds, any treatment shall be aimed at minimising the cross-infestation risk;

(d)    fumigation of empty non-cargo-loading holds shall be ordered in exceptional circumstances or where Trogoderma spp. have been found;

(e)    where post-treatment survivals are detected in non-cargo-loading holds, the loading permit shall be withheld only where the infestation level exceeds a level at which an authorized officer considers that the cross-infestation risk to cargo-loading holds continues to exist;

(f)    refumigation is required where live Trogoderma spp. are found;

(g)    where, at the time of inspection, holds not intended for loading with prescribed goods are already loaded with other cargo that is found to be infested, an authorized officer shall require the master to eliminate such infestation;

(h)    where such a cross-infestation risk exists to holds loading prescribed goods, the loading permit shall be withheld and the decision to treat such holds not loading prescribed goods shall be left to the ship’s master or agent.

Inspection of other spaces adjoining holds

23.1         Unless spaces are permanently sealed from the hold, they shall be opened and inspected.

23.2         Spaces which could harbour cargo residues or insects, including tonnage spaces, fo'c’sle and midships storage areas, deck lockers and similar spaces, shall be inspected.

23.3         Treatments shall be aimed at minimising the risk of cross-infestation.

Ships’ stores and general galley areas

24.1   Wet stores and refrigerated or chilled stores shall be excluded from inspection, except where there is reason to believe that these areas may have become infested with pests.

24.2   It shall be necessary to inspect areas in the ship where stores are handled and food is prepared only when substantial insect infestation or insects suspected to be Trogoderma spp. have been detected during the course of inspection of dry stores.

Procedures and criteria for deciding treatment

1. The following criteria shall be used in determining infestation levels:

(a)    insect infestations:

(i)    clear — no live insect stages (adults, larvae or pupae) found;

(ii)    light — less than 50 in total of all insect stages; or

(iii)    heavy — 50 or more in total of all insect stages;

(b)    Trogoderma spp:

(i)    clear — no Trogoderma spp. found in any stage;

(ii)    light — or 2 in total of all stages; or

(iii)    heavy — 3 or more in total of all stages.

Holds loading prescribed goods

26.1   The following treatment shall be ordered for the infestation levels specified in clause 25 for holds loading prescribed goods:

(a)    clear — nil;

(b)    light — spray (except Trogoderma spp., then fumigate);

(c)    heavy — fumigate (except psocids, cockroaches and mites, then spray);

(d)    where fumigation fails — refumigate

26.2         The insects stages from all sites in a hold shall be totalled to determine the treatment.

26.3   When spraying is ordered, the entire hold space shall be sprayed, except where otherwise determined by an authorized officer.

26.4   The following fitments shall be removed or opened up and cleaned out where infestation or infestible residues are inside or underneath before treatment:

(a)    timber tank-top ceilings;

(b)    limber boards;

(c)    bulkhead linings;

(d)    timber propeller-shaft cover;

(e)    cable casings;

(f)    other closed or partly closed fitments.

Holds not loading prescribed goods and other areas except strips’ provision stores

1. The following treatment shall be ordered for the infestation levels specified in clause 25 for holds not loading prescribed goods:

(a)    clear — nil;

(b)    light — nil, except where cross-infestation risk exists, then spray;

(c)    heavy — spray, except for Trogoderma spp., then fumigate.

Treatment of ships’ stores and general galley areas

28.1         Where infestation levels in ships’ stores and general galley areas:

(a)    are as specified in column 1, as determined in accordance with paragraph 25 (a) for insects, not including Trogoderma spp.; or

(b)    create a cross-infestation risk;

the treatment specified in column 2 or 3 of the following table shall be carried out:

Column 1 Infestation level	Column 2 On room structure	Column 3 On foodstuff
clear	nil	nil
light	nil	nil
heavy	spray	dispose or fumigate

28.2         Where Trogoderma spp. are identified in ships’ stores or general galley areas at a level of infestation as specified in column 1, as determined in accordance with paragraph 25 (b), the treatment specified in column 2 or 3 of the following table shall be carried out:

Column 1 Infestation level	Column 2 On room structure	Column 3 On foodstuff
clear	nil	nil
light	spray	dispose or fumigate
heavy	fumigate	dispose or fumigate

28.3   The disposal of foodstuffs shall be at the master’s discretion and shall not be included on the treatment order.

Treatment definitions

1. For the purposes of this Schedule:

fumigation means treatment with poisonous gas and does not include the use of contact insecticides propelled by carbon dioxide, smoke generators, fogging or spraying;

spraying means a high-volume treatment using either an oil or water based formulation of an insecticide; and

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

Moth or beetle infestations

30.1   Subject to subclause 30.2, where moths or beetles are found, the provisions specified in clause 25, 26, 27 or 28 shall be applied.

30.2         The only variation is that fogging shall be ordered where an authorized officer considers that surface spraying of cargo spaces with a contact insecticide shall not be sufficient to control flying moths before reinspection, and fogging with an oil-based insecticide shall be included on the treatment order, in addition to spraying of the hold structure.

Removal of fitments

31.1         Where spraying is ordered, the removal of most or all timber or other fittings and the removal of all residues, followed by the spraying of all surfaces and timber as well as the rest of the hold, shall be carried out.

31.2         Where fumigation is ordered, the removal of all residues and of sufficient timberwork or hold fitments to permit adequate circulation and penetration of the fumigant as well as to permit a thorough and effective inspection after treatment shall be carried out.

Types of treatment for holds already part-stowed with cargo

32.1No treatment shall be ordered in a hold already part-stowed with cargo or with cargo in adjoining spaces if an infestation is found in the hold or on the cargo.

32.2   An authorized officer shall withhold the loading permit until remedial action is taken by the master or master’s agent to eliminate the infestation, and the hold and cargo is made accessible for reinspection.

Types of treatment for ships’ stores

1. As an alternative to advising disposal of stores, the master may be given the option of placing infested stores in refrigerated rooms, except where Trogoderma spp. are found.

Unsatisfactory treatments

34.1         If any survivors are found following a fumigation of holds loading prescribed goods, a repeat fumigation shall be ordered.

34.2   Where live insects are found following a fumigation treatment of holds not loading prescribed goods, a repeat fumigation shall be ordered only if an authorized officer considers that there is still a risk of cross-infestation to the cargo spaces loading prescribed goods, and a further treatment order shall be issued to that effect.

34.3   In holds not loading prescribed goods, where any survivors are found following a fumigation against Trogoderma spp., a repeat fumigation shall be ordered.

34.4         Where a satisfactory degree of control has not been achieved following spray treatments, a further spraying shall be ordered and a further treatment order issued.

Approved chemicals and minimum treatment requirements

1. The list of pesticides approved for use in fumigating, spraying, fogging or baiting treatments for cargo spaces is specified in clauses 36 to 38 (inclusive) but the choice of a particular pesticide or method of application rests with the master.

Fumigants

1. The following fumigants and minimum dosages and exposure periods shall be applied in the relevant cases:

(a)    in the case of bulk grain carriers — not less than 24 g/m³ methyl bromide (24 oz/1000 cu ft) for a minimum exposure period of 16 hours;

(b)    in the case of converted bulk carriers and ‘tween deck ships — not less than 32 g/m³ methyl bromide (32 oz/ 1000 cu ft) for a minimum exposure period of 16 hours;

(c)    in the case of extensive and deep-seated infestations in bulk carriers or ‘tween deck ships — not less than 32g/m³ methyl bromide (32 oz/l000 cu ft) for a minimum exposure period of 24 hours;

(d)    in the case of container system units — as specified in paragraph (a) or (e), under gas-proof sheets;

(e)    in the case of Trogoderma spp. infestations — not less than 80 g/m³ methyl bromide (80 oz/1000 cu ft) for a minimum exposure period of 48 hours.

Rodenticides

37.1         The following treatment shall be applied for rodents for all types of ships or container system units:

(a)    fumigants:

(i)    not less than 4 g/m³ methyl bromide (4 oz/1000 cu ft) for a minimum exposure period of 4 hours; or

(ii)    not less than 2g/m³ hydrogen cyanide (2 oz/1000 cu ft) for a minimum exposure period of 2 hours;

(b)    baits:

(i)    sodium fluoracetate (1080);

(ii)    zinc phosphide;

(iii)    bromadiolone; or

(iv)    brodifacoum.

37.2   For the control of insect pests in addition to rodents, the appropriate higher dosage level of methyl bromide specified in clause 36 shall be used.

Insecticides

1. The following insecticides shall be used, as appropriate, in accordance with label instructions and any law of a State or Territory in which the insecticide is used:

(a)    pyrethrins (with or without synergists such as piperonyl butoxide);

(b)    Dichlorvos;

(c)    Bromophos;

(d)    Fenitrothion;

(e)    Diazinon;

(f)    Propoxur;

(g)    Azamethiphos.

Failure to carry out a specified treatment

1. Where an incorrect treatment has been carried out, an authorized officer shall not make any reinspection until the treatment order has been complied with.

Washing down of ships’ holds combined with insecticide spraying

1. Where the marine surveyor requires spaces to be washed for which an authorized officer has ordered spraying, the washing shall precede the treatment and the affected areas shall be reasonably dry prior to application of the insecticide.

Inspection procedures for residues

41.1         Authorized officers shall record the presence of scale, mineral residues or other contaminating or wetting materials, including their type, on the inspection report and shall record if and where cleaning was ordered by a marine surveyor.

41.2         Scale and mineral residues shall, in accordance with the procedures in clause 47, be ordered to be removed by an authorized officer if present together with insect infestation or infestible residues.

Rust and paint scale in cargo-loading bolds

42.1         Loose rust or paint scale in ships’ cargo spaces shall be inspected by an authorized officer to determine if:

(a)    it is providing harbourage for grain insect pests; or

(b)    it is inhibiting effective inspection of the structure of the hold.

42.2         Where rust or paint scale is present in a cargo space intended to load grain, to the extent that it can readily be dislodged, a thorough inspection of the structure shall not be made until a representative sample of the scale has been removed.

42.3   The following procedures shall be adopted by an authorized officer when inspecting a ship requiring descaling:

(a)    a full examination of the ship in other respects shall be completed;

(b)    where it is necessary and practicable to do so, a treatment order in respect of the holds other than those in which scale is a problem shall be issued;

(c)    for the holds with scale, the treatment order shall require the scale to be removed in accordance with subclauses 47.2 and 47.3, together with any residual infestible or non-infestible material, if present, and retained in the holds for further inspection;

(d)    an authorized officer may make an inspection during descaling in order to assess the level of infestation which may be present behind the scale;

(e)    after partial descaling has been completed, an additional treatment order shall be issued if any further descaling, cleaning or chemical treatment is required in those cargo spaces which have been descaled;

(f)    in cases where fumigation has been ordered, the scale shall be left in the hold during the treatment, provided that it has been placed on the tank tops or on ‘tween decks so that the gas can penetrate through it.

Infestible residues in cargo loading holds — criteria for ordering removal

1. The following standards shall be applied by an authorized officer when ordering the removal of infestible residues from cargo spaces intended for loading with prescribed goods:

(a)    except where the infestible residues are very light and scattered throughout the hold, a treatment order shall be given for their removal;

(b)    where:

(i)    any degree of live insect infestation is found to be associated with residues; or

(ii)    dead insects are observed;

all residues shall be ordered to be removed.

Removal of residues from timber structures and other removable hold fitments — criteria for ordering removal

1. Where holds are loading prescribed goods and an authorized officer finds on removal of timber or fitments that there is an accumulation of residues, whether infested or not, the authorized officer shall order the lifting of sufficient timber to permit cleaning out of the residues.

Infested residues

45.1   If, on removal of timber or fitments, an authorized officer finds residues infested with insect pests, chemical treatment shall be ordered.

45.2   In spaces other than cargo-loading holds, residues shall be ordered to be cleaned out only to the extent necessary to permit chemical treatment adequate to remove the cross-infestation risk.

Infestible residues elsewhere

1. Removal of non-infested residues from non-cargo-loading holds, or other areas, shall not be ordered except where these could subsequently find their way into the loaded holds.

Non-infestible residues in holds loading prescribed goods

47.1         Where scale or other residues inhibit inspection, an authorized officer shall order their partial removal.

47.2         For the purposes of inspection, a representative sample of scale or residues shall be removed from each site in the hold.

47.3         For scale, an area of about 10 per cent of each affected site shall be considered representative, unless a marine surveyor orders removal of a larger area than this.

47.4   Non-infestible residues shall be ordered removed by an authorized officer from cargo loading holds only if mixed with infestible residues or insect infestation.

Disposal of residues

48.1         Subject to subclause 48.2, all residues shall be submitted to the local quarantine authority for appropriate disposal.

48.2   Alternatively, residues shall be placed in containers and stowed on the upper deck of the ship for dumping at sea.

48.3         A quick-acting insecticide shall be applied to the surface of infested residues and to the exterior of the containers before stowage on the deck and, where suitable containers such as drums are available, the residues shall be immersed in seawater.

Rodent infestation

1. An authorized officer shall sight and record on the ship inspection report and treatment order form the date of issue of the deratisation certificate or deratisation exemption certificate.

Inspection procedure for rodents

50.1         An authorized officer shall inspect for rodents, while inspecting for insects and cargo residues, a ship for which an application to load grain has been made.

50.2   In the case of a ship which is to load grain, an authorized officer shall report any rodent infestation or signs of rodent infestation to the master and the nearest General Quarantine Officer of the Commonwealth Department of Health, who shall be responsible for any treatment and reinspection after treatment.

Estimation of population levels

1. The following categories shall be used in determining treatments to be carried out on ships inspected under these Orders for infestations of Rattus spp. and Mus musculus:

(a)    light — an absence of nests, but evidence of gnawing and damage to cargo residues and ship fitments, or evidence of recent droppings or runways;

(b)    heavy — nests of young, runways, gnawings or evidence of fresh droppings, and sightings of live adult rodents.

Criteria for deciding treatment for rodent infestations

52.1         The treatment specified in column 2, 3 or 4 of the following table shall be carried out in respect of the infestation levels in column 1 as specified in clause 5l for Rattus spp.:

Column 1	Column 2 Cargo-loading holds	Column 3 Other fumigable spaces	Column 4 Other non-fumigable spaces
Light	Fumigate	Fumigate	Bait
Heavy	Fumigate	Fumigate	Bait

52.2         The treatment specified in column 2 or 3 of the following table shall be carried out in respect of the infestation levels in column I as specified in clause 51 for Mus musculus:

Column 1	Column 2 Cargo-loading holds	Column 3 All other areas
Light	Fumigate	Bait
Heavy	Fumigate	Bait

52.3   Treatments for rodent infestations shall be as specified in subclause 37.1

Treatment order

53.1         An authorized officer shall record the level of rodent infestation on the ship inspection report form and advise the master and General Quarantine Officer in accordance with subclause 50.2.

53.2         Cleaning to remove food sources and as an aid to reinspection by removing signs of infestation shall be ordered.

Reinspection

54.1   Treated spaces shall be reinspected to ensure that the treatment has been effective, that all unused bait has been removed and that carcasses have been disposed of appropriately.

54.2   Where fumigation has been ordered, reinspection may commence when a gas clearance certificate issued by the fumigator has been sighted, provided lighting conditions are satisfactory.

54.3         Where baiting has been ordered, reinspection shall not be commenced until an overnight period has elapsed.

Treatment failure

55.1         Where rodents survive a fumigation, a refumigation shall be ordered.

55.2         Where rodents survive baiting, treatment shall continue until no further activity is evident.

Combined ship inspection report and treatment order form

1. The details of the ship shall be collected from the master, as set out on the top of the form, before commencement of inspection and these details shall not be repeated when subsequent treatment orders are issued.

Reporting of conditions

1. All areas of the ship shall be inspected and reported on a ship inspection and treatment order form published by the Department.

Deratisation fumigations

1. If the master of a ship elects to fumigate the crew’s quarters for deratisation purposes, as well as cargo spaces when the fumigation of cargo spaces is required as a result of inspections under these Orders, the fumigation of the crew’s quarters shall not be included on the treatment order.

Time of issue

1. If a treatment order is issued, the time and date of issue shall be the time and date when the responsible ship’s officer is informed of the requirements of the treatment order at the completion of the inspection.

Second and subsequent inspections

1. Results of further inspections and treatment to be ordered shall be reported as specified in clause 57.

Time to elapse after insecticidal spraying treatment

1. Where spaces are inspected immediately following treatment with contact insecticides or fogs and live insects are found, a further reinspection shall not take place within 4 hours of completion of treatment, not including any necessary airing period.

Reinspection of timbered sites

62.1         Where timber is involved, new sections shall be lifted to the same extent as that required in the initial inspection.

62.2         In the case of timber tank-top ceilings, when the cargo spaces have been fumigated, an authorized officer, after completing 2 or 3 holds, may reduce the required number of planks to 1 or 2 per hold depending on findings in the first holds.

62.3         If spraying of the tank-top ceiling has been ordered where an infestation has been found to be confined to above the planks, and no residues needed to be cleaned from below, no planks shall be removed during the reinspection.

62.4         Other timbered sites shall be treated similarly.

62.5         Where timber has been lifted to permit the removal of non‑infested residues, further timber shall be lifted if necessary to enable an authorized officer to be satisfied as to the degree of cleaning achieved.

Post-fumigation inspection

63.1         When reinspection of a ship that has been fumigated is called for, an authorized officer shall first sight a gas clearance certificate from the fumigator or, where appropriate, from an industrial hygiene officer or industrial chemist of a State or Territory Department.

63.2         Gas detection equipment supplied by the Department for use by an authorized officer shall not be used for the purpose of issuing a gas clearance certificate for the ship.

Unsatisfactory treatment

1. Any work ordered as a result of the reinspection of a ship shall be stated on an additional treatment order.

Part acceptance of ship

65.1   Where a ship is compelled to berth under ballast and cannot discharge this ballast until an equal weight of cargo has been loaded:

(a)    all cargo spaces except the ballast tanks shall be inspected during the initial inspection;

(b)    when the cargo spaces inspected comply with the requirements of these Orders and a marine surveyor issues a certificate for them, the loading permit shall be issued for those spaces;

(c)    where ballast tanks are located within a hold, the loading permit shall be endorsed so as to exclude them;

(d)    the tanks shall be inspected after ballast has been discharged and the spaces dried;

(e)    when the marine surveyor is satisfied and issues a certificate to the effect that these spaces comply with the requirements of these Orders, an additional permit shall be issued; and

(f)    an authorized officer shall insert the time when the final inspection was completed on the additional loading permit.

65.2         When cleaning only is required to remove residues of non-infested material, some holds may be brought to a satisfactory standard while work is still proceeding on the remainder, subject to the following conditions:

(a)    when a marine surveyor’s certificate has been sighted, a loading permit may then be issued for those holds that comply with these Orders;

(b)    as additional holds are passed, an additional permit shall be issued;

(c)    an authorized officer shall insert the time when that additional inspection was completed on the loading permit.

65.3         Where a combination of the conditions in subclauses 65.1 and 65.2 occurs, the following conditions apply:

(a)    issue of a loading permit in part acceptance of a ship shall only be done if requested by the master, a marine surveyor and the shipper;

(b)    a loading permit shall not be issued in respect of part of a ship while infested residues are being removed or a chemical treatment is being applied to the remainder of the holds or other infested cargo is present.

Sighting of marine surveyor’s certificate

1. An approved marine surveyor shall issue a certificate stating that the holds of a ship are suitable for the carriage of grain and this shall be sighted by an authorized officer before the officer issues a loading permit.

Issuing the loading permit

67.1         An authorized officer shall indicate on a loading permit the time at which the officer determines that the holds comply with the requirements of these Orders.

67.2   The time shown shall be when inspection of the holds has been completed and the responsible ship’s officer was informed of this.

67.3   This time shall not be altered.

Completion of form

68.1   An authorized officer shall complete the form referred to in clause 57 when a loading permit has been issued for all holds loading prescribed goods.

68.2         Under the heading ‘details of treatment’ an authorized officer shall list details of the particular chemical used in the treatment of the cargo spaces of the ship.

68.3         Wherever possible, this information shall be made available to the authorized officer by the master or the master’s agent before the issue of the loading permit.

Empty container system unit inspection

1. The following types of inspection are required for empty container system units:

(a)    for grain, an authorized officer shall inspect the container system unit for pests, infestible residues, contaminants and other conditions that could affect the grain;

(b)    for prescribed goods other than grain, an authorized officer shall inspect the container system unit to ensure that there are no pests, or residues that could harbour pests, or conditions which could permit cross-infestation.

Place of inspection

70.1         Subject to clause 72, container system units shall be inspected at:

(a)    metropolitan depots; or

(b)    filling premises.

70.2   When an authorized officer is present at the filling premises, the officer shall inspect the container system unit prior to the start of filling but shall not order removal of linings if the units bear ‘Inspected’ stickers applied in accordance with paragraph 33 (b) of these Orders.

70.3         Where container system units arrive at filling premises and do not carry such stickers, then they shall be fully inspected by an authorized officer.

Assistance to be given to authorized officers

1. The person responsible for a container system unit shall give all reasonable assistance to an authorized officer, including moving, opening and closing units and providing ladders or other necessary equipment.

Inspection procedures for empty container system units

72.1         Where container system units are inspected prior to transport, the units shall be sealed and identified in accordance with order 33.

72.2         All parts of the interiors and exteriors of the container system units may be inspected and where an authorized officer suspects the presence of pests or residues the authorized officer may order treatment in accordance with clause 76.

72.3         Flexible bag type container system units shall be inspected prior to filling.

Rejection of empty container system units

73.1         Subject to paragraphs 69 (a) and (b), container system units found to be unsuitable for filling shall be rejected.

73.2   The presence of the following in container system units shall lead to rejection:

(a)    one or more live pests in residues or on the structure of the container, inside or out;

(b)    one or more live rodents, or evidence of rodents harbouring behind linings;

(c)    any residue infestible by pests;

(d)    structural damage such that pests could enter after loading;

(e)    non-infestible materials, odour, water, rodent carcasses or rodent droppings in containers to load grain.

Trogoderma spp.

74.1   If live insects are found, being Trogoderma spp., the container system unit shall be rejected and an authorized officer shall order treatment in accordance with paragraph 36 (e).

74.2   When the person responsible for the container system unit wishes to re-present it to load prescribed goods, the person shall provide an authorized officer with a fumigation certificate, a quarantine clearance, or both, before reinspection is commenced.

Treatment orders

1. Where a rejected container system unit is not to be replaced by the person in charge of the unit, an authorized officer shall issue a treatment order in accordance with an approved form.

Treatment of empty container system units

76.1   Infestible residues shall be removed from a container system unit and if the unit is lined, residues detected behind wall panels shall be removed.

76.2         Residues shall be incinerated under the direction of an authorized officer or handed to a Plant Quarantine Officer.

76.3         Live pests detected in unlined container system units shall be sprayed with a contact pesticide.

76.4         Live pests detected in lined container system units shall be fumigated with a fumigant.

76.5         Treatments ordered shall be in accordance with clauses 36, 37 and 38.

76.6         Non-infestible residues shall be removed and disposed of for container system units loading grain.

76.7         For container system units loading bagged grain, as an alternative to removal of non-infestible residues or other non‑infestible materials, the person in charge of the unit may take other appropriate steps to prevent contamination of the bags.

Reinspection of empty container system units following treatment

77.1         Where container system units are inspected immediately following spraying, and live insects are found, a further reinspection shall not take place within 4 hours of completion of treatment, not including any necessary airing period.

77.2         The presence of live insects in or on the container system unit, infestible residues, or failure to remove linings shall lead to rejection and the original treatment shall be re-ordered.

77.3         Container systems units that have been fumigated shall not be reinspected unless the person responsible for the units is in receipt of a gas-free certificate.

Where the condition of the container system unit has changed

78.1         Where an authorized officer has reason to believe that the condition of a container system unit has changed since issue of the loading permit, the unit shall be reinspected.

78.2         If the condition of the container system unit has changed such that the requirements of these Orders are not met, the loading permit shall be cancelled.

Schedule 5          Inspection procedures for grain, plants and plant products

(Order 5)

TABLE OF CONTENTS

PART 1 — PRELIMINARY

Clause

1.         Interpretation

2.         Pests and contaminants

PART 2 — BULK PRESCRIBED GOODS

3.         Treatment of rejected prescribed goods

4.         Site of inspection

5.         Method of manual sampling

6.         Sampling rate

7.         Sieving the sample

8.         Method of rejecting

9.         Sampling streams from storage cells going to ship

10.       Undue delay after detecting insects

11.       Re-presentation of prescribed goods

12.       Screening of prescribed goods

13.       Blending of prescribed goods

14.       Sampling by persons other than authorized officers

PART 3 — BAGGED PRESCRIBED GOODS BEING LOADED INTO
SHIPS’ HOLDS

15.       Inspection procedures

16.       Rejection procedures

17.       Rodents and rodent droppings in bagged shipments

PART 4 — BULK PRESCRIBED GOODS BEING LOADED INTO
                   CONTAINER SYSTEM UNITS

18.       Inspection during filling

19.       Inspection of prescribed goods in container system units filled in the absence of an authorized officer

20.       Rejection procedures

21.       Reinspection following treatment

PART 5 — BAGGED PRESCRIBED GOODS BEING LOADED INTO
                   CONTAINER SYSTEM UNITS

22.       Procedures and rejection levels when inspecting during filling

23.       Reinspection where an exporter elects to treat rejected bags in a            container system unit

24.       Inspection of bags loaded in the absence of an authorized officer

PART 6 — PRESCRIBED GOODS INSPECTED FOR
                   PHYTOSANITARY CERTIFICATION

25.       Inspection

26.       Reinspection of consignments where shipment is delayed

PART 7 — TREATMENT OF REJECTED GOODS

27.       Insect infestation

28.       Insecticides

29.       Fumigants, including controlled atmospheres

30.       Contaminants

31.       Container system unit shipments

Part 1           Preliminary

Interpretation

1. In this Schedule:

sample means a 2.25 L measure of prescribed goods that is drawn from a consignment of those goods at a rate of 2.25 L per 33.33 t;

sub-sample means a quantity of prescribed goods that is drawn from a consignment of those goods in a manner that ensures that the total quantity drawn is:

(a)    in the same proportion to the total quantity of the consignment of goods as 2.25 L is to 33.33 t; or

(b)    sufficient to enable an inspection to be made.

Pests and contaminants

2.1           A nil tolerance for pest infestation shall be applied to all prescribed goods presented for inspection.

2.2           The tolerance for pests shall be applied to live pests.

2.3           The tolerances for the contaminants specified in column 1 of the following table shall be as specified in column 2:

Column 1

Contaminant

Column 2

Tolerance level

(a)        Crotalaria spp. — seeds (rattlepods) (except C. goreensis which is unrestricted)

nil in sorghum for all destinations

(b)        Datura spp. — seeds (thornapples)

not more than 10 seeds per 2.25 L in sorghum for all destinations

(c)        Claviceps purpurea — ergots
            (i)         of ryegrass

            (ii)        of the cereal or seed

not more than 50 pieces per 5 L of grain unrestricted in wheat for USSR and Japan and not more than 3 pieces per 2.25 L in grain for other destinations

(d)        Rodents and rodent droppings
            (i)         carcases
            (ii)        droppings

nil in grain
in each 400 t lot of grain not more than:

(a)   7 droppings in any 2.25 L sample;

(b)   4 droppings from any 2 consecutive 2.25 L samples; and

(c)   an average of 2 droppings from all
the 2.25 L samples drawn

2.4   A nil tolerance shall be applied for live rodents in grain.

2.5           Where the tolerances for rodent droppings in subclause 2.3 are not met, the cell valve shall be closed and the remaining grain rejected.

2.6   Where during routine examination of grain other contaminating material is detected, this shall be reported by an authorized officer to the person responsible for the goods.

2.7   Where the contamination detected under subclause 2.6 is heavy, loading shall be halted by an authorized officer before reporting to the person responsible for the goods.

Part 2           Bulk prescribed goods

Treatment of rejected prescribed goods

1. Where prescribed goods are rejected for reasons that will respond to treatment, an authorized officer shall order treatment in accordance with Part 7 but the choice of treatment is the responsibility of the owner of the prescribed goods or the owner’s agent.

Site of inspection

1. The site of inspection shall be in a position which is well lit, free from dust, clear of fumigant gases and convenient to authorized officers with regard to ease of drawing and examining grain samples without risk to personal safety.

Method of manual sampling

5.1           Sub-samples taken manually shall be drawn from the grain stream on the conveyor belt as close to the valve of the cell as practicable by dipping a 0.5 L dipper into the grain stream so that at least some of the sub-sample is from the commodity travelling near to the belt surface.

5.2   Sub-samples taken under subclause 5.1 shall be drawn from the middle of the grain stream.

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

Sampling rate

1. The required sampling rate is 2.25 L of grain per 33.33 t.

Sieving the sample

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

7.2           The grain remaining above the screen shall be examined for insect stages or contaminants that are too large to pass through the mesh.

7.3           After examination, the sieved grain shall be returned to the stream and the contents of the pan examined for live insects.

7.4           Where the use of automatic samplers and mechanical shakers or other mechanical sieving devices has been approved, these shall be operated according to the approval by the Secretary.

Method of rejecting

8.1           Due to differences in construction and operation of registered establishments the Secretary may determine variations to the rejection procedures specified in subclause 2.5, 9.1, 9.2, 9.3, 9.4, 9.5 or 9.6.

8.2           Upon rejection an authorized officer shall notify a responsible person on an approved form that treatment of the rejected lot is required, and that person shall return the form, giving details of treatment carried out, before the lot is re-presented for inspection.

Maximum number of rejections allowed

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

Sampling streams from storage cells going to ship

9.1   In the case of sampling undercell — if one or more live insects are found in a sample taken at the inspection point in the undercell area, then the standard procedure shall be as follows:

(a)    the cell or cells from which the goods are being drawn shall be closed immediately;

(b)    the shipping belt shall be stopped;

(c)    all goods in the conveying system up to and including the weigher shall be returned to storage for treatment;

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

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

9.2           In the case of sampling on the shipping belt or its equivalent at those establishments where prescribed goods 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 shall be as follows:

(a)    if a single live insect is detected in a sample:

(i)    the flow shall be stopped immediately;

(ii)    2 samples shall be taken from the belt between the inspection point and workhouse;

(iii)    if an insect is detected in these further samples, all prescribed goods on the shipping belt shall be rejected and returned for treatment; and

(iv)    if no further insects are detected in these samples, all prescribed goods on the shipping belt shall be permitted to go forward to the ship;

(b)    if more than 1 live insect is detected in a sample, all prescribed goods on the shipping belt shall be rejected and returned without further inspection.

9.3   In the case of sampling from a horizontal storage where it is intended to move prescribed goods direct from the storage to a ship — arrangements shall be made with the person responsible for the goods to inspect them in the store prior to the commencement of loading and if:

(a)    infestation is found, the sections of the store which are infested shall be rejected until effectively treated; and

(b)    it is apparent that infestation is widespread, no further inspection shall be made until the goods have been treated.

9.4           Where prescribed goods are being drawn from horizontal storages the following procedures shall be applied:

(a)    if only 1 valve is open and 1 or more live insects are found in a sample:

(i)    the valve from which the prescribed goods are being drawn shall be closed immediately;

(ii)    the shipping belt shall be stopped;

(iii)    all prescribed goods up to and including the top garner and weigher shall be returned to storage for treatment;

(iv)    in establishments where blister or overflow bins are in use, prescribed goods from these cells shall be returned to storage for treatment;

(v)    if sampling is being undertaken on the shipping belt, instructions for sampling and rejection as in subclause 9.2 shall be followed;

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

(vii)    if 1 or more insects are again found in a sample from this valve, then procedures specified in subparagraphs (i) to (v) shall 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 shall be as specified in subparagraphs (i) to (vi);

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

(ix)    where a valve is being fed by front-end loaders from each side and insects are detected below the valve, then prescribed goods from both sides shall be rejected;

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

(i)    all valves from which the prescribed goods are being drawn shall be closed immediately;

(ii)    the shipping belt shall be stopped;

(iii)    all prescribed goods up to and including the top garner and weigher shall be rejected and returned to storage for treatment;

(iv)    in establishments where blister or overflow bins are in use, prescribed goods from these cells shall also be returned to storage for treatment;

(v)    if sampling is being undertaken on the shipping belt, instructions for sampling and rejection as in subclause 9.2 shall be applied;

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

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

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

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

9.5   In the case of sampling from rail or road trucks:

(a)    truck loads shall be bulked in a silo cell to form a lot of 500 t or more and sampling shall be on fixed conveyor belts or by automatic means;

(b)    approval is required before provisions can be made for rejected truck loads to be returned from weighers or garner bins to storage without having to be bulked prior to sampling; and

(c)    rejection procedures shall be as specified in subclauses 9.1 or 9.2 and, in addition, all trucks loaded from the same storage unit shall be rejected.

9.6   In the case of sampling at bagging establishments, where prescribed goods are being sampled in bulk prior to bagging and insects, or contaminants above the tolerances specified in subclause 2.3, are found, an authorized officer shall reject the source of the supply of prescribed goods to the bagging establishment and shall direct treatment to be carried out at that source.

Undue delay after detecting insects

1. Should unnecessary delay occur between the discovery of insects and stopping of the stream flow, an export permit or phytosanitary certificate shall not be issued for that tonnage of prescribed goods loaded after rejection was notified to a responsible person, unless the grain is discharged.

Re-presentation of prescribed goods

1. Re-presented grain shall be inspected in the normal manner and rejected if live insects or other unsatisfactory conditions are present.

Screening of prescribed goods

12.1         Screening of prescribed goods for the removal of live insects is not permitted.

12.2   Where prescribed goods that an authorized officer considers have been screened to remove insects are presented for inspection, the authorized officer shall reject those goods.

12.3         Grain shall be screened to remove large contaminants where automatic sampling is in use.

12.4         For the purpose of subclause 12.3, screenings shall be available for examination by an authorized officer during and at the end of each working day.

Blending of prescribed goods

13.1         Blending of prescribed goods rejected for insect infestation is not permitted.

13.2         Notwithstanding subclause 13.1, blending shall be permitted in the case of contaminants.

13.3         Where blending is being carried out during the pre-weighing or loading of a ship and blended prescribed goods are rejected, all cells or other sources feeding the blend shall be included in the rejection.

Sampling of prescribed goods by persons other than authorized officers

1. Where a person other than an authorized officer draws samples of prescribed goods, the person shall inform an authorized officer on finding pests or contaminants in any sample or sub‑sample.

Part 3           Bagged prescribed goods being loaded into ships’ holds

Inspection procedures

15.1   Subject to subclause 15.2, bagged prescribed goods shall be inspected using both of the following methods:

(a)    when inspecting the surfaces of bags:

(i)    an authorized officer shall inspect the surfaces either in stacks or during discharge from road or rail transport; and

(ii)    the person responsible for the goods shall render any assistance necessary to an authorized officer including lifting and restacking of goods;

(b)    when inspecting the goods:

(i)    the contents of bags shall be inspected by drawing sub-samples using a suitable trier; and

(ii)    samples obtained using a trier shall be sieved for the purpose of detecting pests and contaminants.

15.2         For both the methods referred to in subclause 15.1, the following number of bags shall be inspected:

(a)    1 to 5 bags — the outside surfaces of each bag shall be inspected and 1 sub-sample taken per bag;

(b)    6 to 30 bags — at least every third bag and not less than 5 bags shall have:

(i)    the outside surface inspected; and

(ii)    1 sub-sample drawn from each;

(c)    31 bags or more — at least every fifth bag and not less than 10 bags shall have:

(i)    the outside surface inspected; and

(ii)    1 sub-sample drawn from each.

15.3   Bags to be sampled and inspected shall be chosen at random.

15.4         Sub-sampling of contents using a trier shall be varied from the top, middle and bottom throughout bags sub-sampled.

Rejection procedures

16.1         In the case of pest infestation:

(a)    a nil tolerance shall be applied for pests in bagged prescribed goods irrespective of whether the pests are found on the outside of the bags or sieved from the samples;

(b)    where bagged consignments are inspected in trucks or as palletised units and live pests are found only on the structure of the vehicles or pallets, the prescribed goods on the truck or pallet shall be rejected;

(c)    where large bagged stacks are inspected in store and a light local infestation is discovered, loading from another part of the stack remote from the site of infestation may be permitted;

(d)    all bags or pallets in physical contact with the infested bags or pallets, or all prescribed goods in the stack originating from the same storage unit or the same bagging plant, shall be rejected; and

(e)    brushing of the outside of bags alone to remove insects is not acceptable for the purposes of these Orders.

16.2         In the case of contaminants, the tolerances in subclause 2.3 shall apply only to grains as specified in column 2.

16.3         Where, upon sieving a sample, a tolerance in subclause 2.3 is exceeded and the lot size is more than 33.33 t, further sampling shall be carried out by an authorized officer to determine the distribution of the contamination throughout the stack.

16.4         An authorized officer shall then decide how many 33 tonne lots to reject.

16.5   In the case of grain, bags shall be free from extraneous matter that could contaminate or otherwise affect the condition of the grain.

Rodents and rodent droppings in bagged shipments

17.1   The tolerances in subclauses 2.3 and 2.4 shall apply.

17.2         Palletisation of bagged grain may not be permitted in areas where rodents are known to be present in plague numbers.

17.3         At ports in times of rodent plague or when palletised bagged grain is delivered to a port from a rodent plague area, an authorized officer may have the palletised blocks broken down to facilitate a thorough inspection prior to loading into the ship.

Part 4           Bulk prescribed goods being loaded into container system units

Inspection during filling

18.1   At establishments where container system units are being filled directly from holding bins, the prescribed goods shall be sampled from the stream as it enters the units.

18.2   At establishments handling prescribed goods in bulk, inspection procedures shall be as in Part 2 to this Schedule.

18.3         The presence of live pests in or on a container system unit, bags or the prescribed goods shall lead to rejection.

18.4         The goods shall be sub-sampled with a grain probe through the roof hatches of container system units in such a way that 5 sub‑samples are taken, 1 from each corner and 1 in the centre.

Inspection of prescribed goods in container system units filled in the absence of an authorized officer

19.1         Prescribed goods shall, whenever possible, be inspected during filling of units but where this would involve inspection at remote locations, the contents may be inspected on return of the units to port or metropolitan areas, subject to the conditions specified in subparagraphs 19.3 (a) to (e).

19.2   Where a container system unit is inspected on return to a port or metropolitan area, a responsible person shall be available to open and, if required, sub-sample grain in the unit in the presence of an authorized officer.

19.3         An authorized officer shall:

(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;

(b)    check that any bulkhead fitted into the container system unit is clean, sound and free from infestation, and that there are no insects around the doors or bulkhead;

(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 where available;

(d)    sub-sample or have sub-samples drawn with a grain probe in a minimum of 5 places, specifically 1 in each corner and 1 in the centre of the container system unit, and the probe shall be inserted to the bottom of the unit so that the sub-sample is a representation of the full depth of grain at that point; and

(e)    in the case of bulk container system units with roof hatches, inspection as for standard container system units shall apply, except that there is no limit to the load level in such units.

Rejection procedures

20.1         For standard container system units filled with bulk prescribed goods, a headroom of less than 900 mm shall lead to rejection unless vacuum sampling is available.

20.2         Where an application for permission to load was not received prior to filling a container system unit. the entire load shall be discharged, the unit shall be inspected when all cargo has been removed and the goods shall be inspected during refilling.

Reinspection following treatment

21.1   If prescribed goods containing live pests are to be treated in a container system unit without unpacking, the unit and the contents shall be fumigated under gas-proof sheets.

21.2         The prescribed goods shall be discharged or part-discharged for reinspection, including inspection of the container system unit structure, except bulk prescribed goods in units with roof hatches, or bulk goods in conventional units with more than 900 mm headroom or where vacuum sampling can be undertaken.

21.3   If treatment with residual insecticide is proposed, the prescribed goods shall be removed from the unit, treated and held for 7 days before re-presentation, except when on application the Secretary may determine another holding period.

21.4         The unit shall also be cleaned, sprayed with residual insecticide and re-presented for inspection and if an alternative unit is to be used it shall be inspected prior to filling.

21.5         The goods shall be inspected following treatment according to procedures specified in subclause 18.1 or 19.3 prior to the issue of an export permit or phytosanitary certificate.

Part 5           Bagged prescribed goods being loaded into container system units

Procedures and rejection levels when inspecting during filling

1. Where bagged prescribed goods are being loaded into a container system unit, the procedures specified in Part 3 shall be complied with.

Reinspection where an exporter elects to treat rejected bags in a container system unit

23.1Where reinspection of bagged prescribed goods after treatment in a container system unit is required, it shall be necessary to discharge at least 2/3 of the contents of the unit and the:

(a)    container structure shall be inspected; and

(b)    bags shall be inspected and their contents sub-sampled by trier in accordance with clause 15.

Inspection of bags loaded in the absence of an authorized officer

24.1All bagged prescribed goods loaded into a container system unit in the absence of an authorized officer shall be unloaded and inspected in accordance with clause 15.

24.2         The empty container system unit shall be inspected and ordered to be treated in accordance with Schedule 4 if necessary.

Part 6           Prescribed goods inspected for phytosanitary certification

Inspection

25.1         Inspection procedures for prescribed goods being loaded in bulk into ships’ holds and container system units shall be as specified in Parts 2 and 4.

25.2         Inspection procedures for bagged consignments of prescribed goods shall be those specified in Parts 3 and 5.

25.3   Where inspection is required for the purpose of issuing a phytosanitary certificate for re-export, inspection procedures shall be the same as for the issue of a phytosanitary certificate.

Reinspection of consignments where shipment is delayed

26.1   Subject to subclause 26.2, reinspection of a consignment after a period of 21 days from the original inspection has elapsed is required.

26.2         Where 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.

26.3         Reinspection shall be carried out by inspecting and sub‑sampling surface layers without the need to discharge ships or container system units.

Part 7           Treatment of rejected goods

Insect infestation

1. In the case of insect infestation — spraying shall be carried out with an insecticide specified in subclause 28.1 or fumigation shall be carried out with a fumigant specified in subclause 29.1.

Insecticides

28.1   The following insecticides, either alone or in combination, are approved:

(a)    Chlorpyrifos-methyl;

(b)    Fenitrothion;

(e)    Pirimiphos-methyl;

(d)    Bioresmethrin;

(e)    Carbaryl;

(f)    Fenvalerate;

(g)    Permethrin;

(h)    Phenothrin;

(i)    pyrethrins;

(j)    Methacrifos;

(k)    Dichlorvos.

28.2   It is the responsibility of an exporter to ensure that insecticides used are permitted under the law of the State or Territory concerned.

28.3         Rejected goods treated with insecticides shall be withheld for 7 days before re-presentation for inspection unless otherwise determined by the Secretary.

Fumigants, including controlled atmospheres

29.1         The following fumigants, either alone or in combination, are approved:

(a)    methyl bromide;

(b)    phosphine;

(c)    hydrogen cyanide;

(d)    carbon dioxide;

(c)    nitrogen.

29.2   Goods treated with fumigants shall not be re-presented for inspection until after exposure, airing periods and necessary safety precautions as specified on the fumigant container labels have been observed.

Contaminants

30.1   For contaminants for which a nil tolerance applies, cleaning of grain shall be carried out to remove the contaminating material, if the grain is to be re-presented for export.

30.2         For contaminants for which a numerical tolerance applies, cleaning or blending to below the permitted tolerance may be carried out.

30.3   Where contamination has occurred on the outsides of bags or other packages, such contamination may be removed by brushing or other mechanical means.

Container system unit shipments

1. The only form of treatment permitted for goods already loaded into a container system unit without discharge shall be fumigation of the container under gas-proof sheets.

Notes to the Export Control (Orders) Regulations 1982

Note 1

The Export Control (Orders) Regulations 1982 (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 Orders

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1985 No. 6	29 Apr 1985	29 Apr 1985 (see Gazette 1985, No. S137)
1999 No. 1	24 Mar 1999	24 Mar 1999 (see Gazette 1999, No. GN12)	—
2003 No. 1	18 June 2003	25 June 2003 (see Gazette 2003, No. GN24)	—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
Part 1
O. 4.2	am. 2003 No. 1
O. 5
Renumbered O. 5.1 ........	1999 No. 1
O. 5.1 .....................................	am. 2003 No. 1
O. 5.2	ad. 1999 No. 1
Part 1A
Part 1A...................................	ad. 2003 No. 1
O. 5A.......................................	ad. 2003 No. 1