Prescribed Goods (General) Orders 1985 (Cth)

Prescribed Goods (General) Orders 1985

Orders 1985 No. 1 as amended

made under the

Export Control (Orders) Regulations 1982

This compilation was prepared on 10 September 2004
taking into account amendments up to Prescribed Goods (General) Amendment Orders 2004 (No. 3)

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

Contents

Part 1Preliminary

1Name of Orders [see Note 1] 9

2Commencement 9

3Repeal 9

4Application 9

5Interpretation 9

Part 2Prescribed goods

6Declaration of prescribed goods 12

7Goods that are not prescribed goods 13

8Certain goods exported to New Zealand 14

8AGoods requiring certificates 14

9Passengers’ baggage 15

Part 3Export of prescribed goods prohibited unless conditions or restrictions complied with

10Prohibition of export 17

11Conditions or restrictions 17

Part 4Exemption

12Granting of exemption 19

13Application for exemption 19

13AExport of meat, game, poultry and rabbit meat from non export registered establishments 19

14Provisions not to apply 24

Part 5Registered establishments

Division IRegistration of establishment

15Application for registration 25

16Application to contain certain information 25

17Plans and specifications 26

18AShared amenities and facilities 26

19Registration 26

19ARegistration with undertaking 27

20Registration period 28

21Number and certificate 29

22Copy of certificate to be displayed 29

23Exception for certain ships 29

Division IINew registrations

24Registration requirements for new establishments 29

Division III Renewal of registration

25Application for renewal 30

26Registration lapses if application not received 30

27Renewal of registration 30

Division IVChanges relating to occupancy of registered establishment

29Cessation of occupancy to be notified 31

29AChange of name or address to be notified 32

30Registration lapses on cessation of occupancy 32

Division VChange in body corporate or partnership

31Notification of change 32

32Continuation of registration 32

Division VA Other events to be notified

33Events of which occupier of establishment must inform Secretary 33

Division VIAssignment of registration

34Application for assignment 33

35Assignment of registration 33

Division VII Alterations to registered establishments

36Alterations or additions to be approved 34

37Exception for minor alterations 34

Division VIII Variation of export operations

38Additional operations not to be carried out 35

39Application for approval of additional operations 35

40Additional operations not to commence until approval received 35

41Secretary may vary registration 35

42Certificate of registration 36

Division IXRevocation of registration

43Grounds for revocation 36

43ARevocation for failure to pay debts 37

43BRevocation for conviction of offence 37

44Notice of revocation 37

Division XReinstatement of registration

45Application for reinstatement of registration 37

46Reinstatement of registration 37

Division XIFit and proper person

47Fit and proper person 38

Division XII Suspension of registration

48Grounds for suspension 40

49Period of suspension 40

49ASuspension for non-payment of debts 40

50Establishment not registered during suspension 41

Division XIII Suspension of operations

51Suspension related to hygiene, inspection etc 41

51ASuspension at request of occupier 41

52Suspension outside certain hours 42

Part 5AHygienic operation of premises etc and hygienic practices

52APremises etc to be maintained in clean and sanitary condition 43

52BPersons to follow proper hygienic practices 44

Part 6Packaging

53General requirements 46

54Fibreboard cartons 46

55Tinplate coverings 46

56Plastics 47

57Adhesives 47

58Internal lacquers 47

Part 7Trade description

59Trade description to be applied 48

60Trade description to contain certain information 48

61Trade description to relate to condition 49

62Application of trade description where more than 1 covering used 49

63Trade description to be in contrast and not be obscured 49

64Interference with trade description 49

65Use of language other than English 49

66Approval of trade descriptions 50

67Approved trade descriptions to be held by occupier 50

Part 8Notice of intention to export prescribed goods

68Giving of notice 51

69Form of notice and accompanying information and declaration 51

70Information on notice 51

71Alteration of certain information before inspection and certification prohibited 53

72Exporter to be responsible for goods 53

73Inspection and certification 53

74Alteration of notice after certification 53

Part 9Export permit

75Granting of permit 55

76Alteration of information after permit granted 55

77Validity of permit 55

78Permit to be delivered to Customs 55

Part 10Reinspection of goods

79Inspection of goods if condition changed etc 57

80Permit be revoked where goods do not comply 57

81Revoked permit to be surrendered 57

Part 11Prescribed goods not fit for export but fit for human consumption

82Inspection of suspect goods 58

83Removal of goods from export system 58

Part 12Prescribed goods not fit for human consumption

84Handling of goods not fit for human consumption 59

Part 13Intention to export abandoned

85Requirements at registered establishments 60

85AMeans of defacement 60

85BDefacement of mark on cartons 60

86Procedures where official mark also used by a State or a Territory 61

Part 13AGoods used for further processing

86AOfficial marks to be defaced 62

Part 14Official marks and official marking devices

Division IDeclaration of official marks

87Declaration of official mark 63

Division IIDeclaration of official marking devices

88Declaration of official marking device 63

Division III Manufacture of official marks and official marking devices

89Approval and authorisation 64

90Permission to manufacture and possess 64

90ATolerances for units of measurement in official marks 64

Division IVUse of official marks in advertisements, labels and other documents

91Approval for use required 64

Division VPossessing, applying, altering or interfering with official marks and official marking devices

92Authorized officer may possess etc 65

92AOther persons may possess etc 65

Division VIContravention of orders relating to official marks and official marking devices

93Contraventions 65

Division VII Destruction of official marks and official marking devices

94Marks etc to be destroyed when damaged etc 66

Part 15Sampling and analysis

95How samples are to be dealt with 68

96Who can analyse samples 68

97Certificate of analysis as evidence 68

98Copy of certificate of analysis 68

Part 15ARetain identification

98AApplication and removal of identification 69

98BHandling of goods etc identified at registered establishment etc 69

Part 16Addition of other substances to prescribed goods

99Secretary may approve addition of other substances 71

Part 17Compliance with directions

100Persons to comply with directions of authorized officer 72

Part 18Services of authorized officers

Division IHandling of applications

100AAvailability of staff 73

100BOccupational health or safety 73

Part 19Delegation

109Delegation of Secretary’s powers 74

110Exercise of delegated power 74

111Exercise of Secretary’s power 74

Part 20Reconsideration of decisions

112Application for reconsideration by Secretary 75

113Form and lodgement of application 75

114Secretary to reconsider decision 75

115Initial decision ceases to have effect 75

116Secretary to advise of decision 75

117Application to Administrative Appeals Tribunal 75

118Statement in notice 75

119Decision not affected 76

Part 21Penal provision

120Contravention for purpose of the Regulations 77

Part 22Transitional arrangements

121Carryover of exemptions, approvals, registrations etc 78

Part 23Approval of chemical compounds used at registered establishments

Division IPreliminary

122Application 79

122AInterpretation 79

Division IIApproval of certain chemical compounds

123Chemical compounds to be approved before use 79

124AApprovals relating to proprietary brands 80

125Chemical compounds that will not be approved 80

126Application for approval of chemical compound 81

126AApplication to vary pack unit size or certain labelling details 82

127Qualified chemist 82

128Granting of approval 82

128AUse of approval for advertising, etc purposes 83

129Time approval remains in force 83

130Copies of approval 83

130ASecretary may require variations to be made 84

131Usage of approved chemical compounds 84

132Storage of approved chemical compounds 84

133Analysis of samples 84

134Fees 85

135Authorised officers to be provided with information 85

Division III Saving

136Saving 85

Schedule 1Official mark specifed in paragraph 87 (a) 86

1Design of mark 86

2Registered establishment number to be inserted 86

3Dimensions of mark 86

Schedule 2Official mark specified in paragraph 87 (c) 88

1Design of mark 88

2Registered establishment number to be inserted 88

3Dimensions of mark 88

Schedule 3Official mark specified in paragraph 87 (e) 90

1Design of mark 90

2Registered establishment number to be inserted 90

3Dimensions of mark 90

Schedule 4Official mark specified in paragraph 87 (g) 91

1Design of mark 91

2Additional information to be inserted 92

3Dimensions of mark 92

Schedule 5Official mark specified in paragraph 87 (i) 94

1Design of mark 94

2Foreign country mark to be inserted 94

3Dimensions of mark 94

Schedule 6Official mark specified in paragraph 87 (k) 95

1Design of mark 95

2Dimensions of mark 95

Schedule 7Official mark specified in paragraph 87 (m) 96

1Design of mark 96

2Serial number to be inserted 96

3Security coding 96

4Dimensions of mark 97

Schedule 8Official mark specified in paragraph 87 (n) 98

1Design of mark 98

2Serial number to be inserted 98

3Security coding 98

4Dimensions of mark 99

Schedule 9Official mark specified in paragraph 87 (o) 100

1Design of mark 100

2Serial number to be inserted 100

3Construction 100

Schedule 10 Official mark specified in paragraph 87 (p) 101

1Design of mark 101

2Details to be inserted on mark 101

3Construction 101

Schedule 11Official mark specified in paragraph 87 (q) 102

1Design of mark 102

2Registered establishment number to be inserted 102

3Dimensions of mark 102

Schedule 12Official mark specified in paragraph 87 (s) 104

1Design of mark 104

2Registered establishment number to be inserted 104

3Dimensions of mark 104

Schedule 13Chemical compounds to which approval under Part 23 does not apply 106

Schedule 14Information to be included in, and format of, application for approval of a chemical compound for use in registered establishments 108

Schedule 15Categories of use and restrictions on use of chemical compounds 110

Schedule 16Approval of chemical compound 112

Notes 113

Part 1 Preliminary

1 Name of Orders [see Note 1]

These Orders are the Prescribed Goods (General) Orders 1985.

2 Commencement

These Orders shall come into operation on 29 April 1985.

Repeal

The Prescribed Goods (General) Orders, Orders No. 5 of 1984, are repealed.

Application

These Orders apply, unless the contrary intention appears, to all orders that apply to, or in relation to, goods declared by order 6 to be prescribed goods, including these Orders.

Interpretation

5.1 In orders:

approved analyst means a person referred to in order 96.

Australian boat has the same meaning as in subsection 4 (1) of the Fisheries Management Act 1991.

boat has the same meaning as in subsection 4 (1) of the Fisheries Management Act 1991.

Body corporate includes a body politic.

carton includes a case and a crate.

catcher boat has the same meaning as in the Export Control (Processed Food) Orders.

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

convicted, in relation to an offence, means convicted of the offence within the meaning of subsection 85ZM (1) of the Crimes Act 1914.

dairy produce has the same meaning as in the Export Control (Processed Food) Orders.

decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

Edible offal has the same meaning as in the Export Meat Orders.

edible game offal has the same meaning as in the Game, Poultry and Rabbit Meat Orders.

eggs and egg product have the same respective meanings as in the Export Control (Processed Food) Orders.

Export Meat Manual has the same meaning as in the Export Meat Orders.

export operations means operations associated with the preparation of prescribed goods.

fish has the same meaning as in the Export Control (Processed Food) Orders.

foreign boat means a boat other than an Australian boat.

foreign country means a foreign country that is the destination or intended destination of prescribed goods.

foreign country authority means an authority of a foreign country that has powers, functions or duties in relation to prescribed goods in that country.

game animal, game meat and game meat product have the same respective meanings as in the Game, Poultry and Rabbit Meat Orders.

grain has the same meaning as in the Grain, Plants and Plant Products Orders.

Halal meat has the same meaning as in the Export Meat Orders.

Identity card means a card issued in accordance with subsection 21 (1) of the Act.

initial decision means a decision made pursuant to a power vested in the Secretary under an order, other than a decision made under order 114.

Killed, in relation to an animal from which game meat is obtained, means killed in its habitat by a shot from a firearm.

licensed foreign boat means a foreign boat to which a licence granted under section 34 of the Fisheries Management Act 1991 relates.

marketing authority means a body corporate established by a law of the Commonwealth, being a body corporate a function of which is the marketing of prescribed goods.

meat and meat product have the same respective meanings as in the Export Meat Orders.

occupier:

(a) in relation to a registered establishment, means any natural person, body corporate or other legal entity, or any combination of these, who manages or controls the operations carried on in the establishment; and

(b) in relation to a ship, means the person who manages or controls the operations carried on in the ship.

port includes an airport and a seaport.

regional office, means the State or Territory office of the Department that is responsible for the administration of the Act in that region and includes any reference made in other Orders to an area office.

registered means registered under these Orders.

registered establishment means an establishment which is registered, and, for the purposes of paragraph 11.1 (h) and Parts 8, 13, 17 and 18, includes an establishment the registration of which has been suspended or revoked for a period of 28 days following the date of that suspension or revocation.

relevant offence means an offence against a law of the Commonwealth or
a State or Territory for which the maximum penalty is a period of imprisonment or a fine of $1,000 or more.

resemblance, in relation to an official mark, means a design that is similar to that prescribed for a stamp or mark by Schedule to order 87 but differs materially only in its dimensions from those prescribed for that stamp or mark.

treatment, in relation to grain, plants or plant products, means:

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

(b) the application of any substance; or

(c) fumigation;

that is necessary for the control or eradication of pests.

5.2 For the purposes of these Orders, a person shall be taken to be a person who manages or controls, or is to manage or control, the operations carried on, or to be carried on, in an establishment if:

(a) the person has or would have, as the case may be, authority to direct the operations, or an important or substantial part of the operations; or

(b) the person has or would have, as the case may be, authority to direct a person who has or would have, as the case may be, authority of the kind referred to in paragraph (a) in the exercise of that authority or proposed authority.

5.3 A reference in paragraph 24 (g), 27 (e) or 35 (f) to an amount that is owed to the Commonwealth and payable to the Department shall be read as including an amount that was owed to the Commonwealth and that has not been paid to the Department.

Part 2 Prescribed goods

Declaration of prescribed goods

For the purposes of the definition of prescribed goods in section 3 of the Act and subject to orders 7 and 8, the following are declared to be prescribed goods:

(a) animal food for the purposes of:

(i) Parts 4, 8, 9, 10, 15A and 17 of these Orders; and

(ii) the following provisions of the Export Meat Orders;

(A) paragraph 48 (j);

(B) subparagraph 53 (b) (iii);

(C) orders 36, 116, 230 and 289;

(D) Divisions I and III of Part 27;

(E) Part 6;

(b) dairy produce;

(c) edible offal;

(d) edible game offal;

(e) eggs;

(f) egg products;

(g) fish;

(h) game meat;

(i) game meat products;

(j) grain;

(k) Halal meat;

(l) meat;

(m) meat products;

(n) pharmaceutical material for the purposes of:

(i) Parts 4, 8, 9, 10, 15A and 17 of these Orders; and

(ii) the following provisions of the Export Meat Orders:

(A) orders 36, 231 and 289;

(B) Divisions II and III of Part 27;

(o) plants and plant products for which a phytosanitary or any other certificate is required;

(p) poultry meat;

(q) poultry meat products;

(r) rabbit meat;

(s) rabbit meat products.

Goods that are not prescribed goods

7.1 The following goods are not prescribed goods:

(a) goods that are ships’ stores or aircraft stores, being goods brought into or shipped into Australia for the use of the passengers and crew or for the service of the ship on a voyage, or the aircraft on a flight from Australia;

(b) goods, other than fish, that are not produced, processed or manufactured in Australia;

(c) goods, other than fish, that have not been produced, processed or manufactured in Australia, being goods that have been imported into Australia and held in bond;

(d) goods, other than fish, that are imported into Australia and re-exported in the same covering and under the same trade description as the covering and trade description in or under which, as the case may be, they were imported;

(e) goods that are consigned to an external territory for consumption within the Territory;

(f) goods that are consigned to a resources industry structure that is installed within the Joint Petroleum Development Area, for consumption on the structure.

7.2 For paragraphs 7.1 (a) and (f), a resources industry mobile unit (within the meaning given by the Sea Installations Act 1987) that is not installed is taken to be a ship.

7.3 In paragraph 7.1 (f) and suborder 7.2:

Installed has the meaning given by section 6 of the Sea Installations Act 1987 (disregarding any reference to an adjacent area).

Joint Petroleum Development Area has the same meaning as in the Petroleum (Timor Sea Treaty) Act 2003.

Resources industry structure means:

(a) a resources industry fixed structure (within the meaning given by the Sea Installations Act 1987); or

(b) a resources industry mobile unit (within the meaning given by that Act) that is not a vessel.

7.4 Subject to suborder 7.5, goods (other than dried abalone) that would, but for this suborder, be prescribed goods are taken not to be prescribed goods if they are exported in a consignment of no more than:

(a) for liquid goods — 10 litres; or

(b) for dried fish — 2 kilograms; or

(c) for goods of any other kind — 10 kilograms.

7.5 Suborder 7.4 applies to goods for which a foreign country requires certain matters to be certified before the goods are exported only if those matters are certified for the goods.

Certain goods exported to New Zealand

8.1 In this order:

certificate does not include an export permit, but includes any other document, whatever it is called, that AQIS can issue about goods.

excluded goods means:

(a) grain; or

(b) plants, and plant products, for which a phytosanitary or other certificate is required.

8.2 Goods (other than excluded goods) that, but for this suborder, would be prescribed goods are taken not to be prescribed goods if the goods are exported to New Zealand.

8.3 However, suborder 8.2 does not prevent AQIS from issuing a certificate for goods of a kind for which such a certificate is required by or under a New Zealand law.

8.4 Also, suborder 8.2 does not prevent AQIS from issuing a certificate for goods if:

(a) the goods are exported to New Zealand and then re-exported (whether or not after further processing in New Zealand) to a country other than Australia; and

(b) an authority of the country to which the goods are re-exported requires such a certificate from an Australian authority.

8.5 If a person applies to AQIS for the issue of a certificate mentioned in suborder 8.3 or 8.4 for goods:

(a) the provisions of any Export Control Orders that apply generally to the issue of certificates of that kind for the goods apply to the issue of the certificate; and

(b) any inspection fee or other fee that would ordinarily be payable for or in connection with the issue of such a certificate is payable for or in connection with the issue of the certificate.

8A Goods requiring certificates

8A.1 In this order, relevant goods means goods other than:

(a) goods that are declared under order 6 to be prescribed goods; and

(b) goods to which order 7 or 8 applies.

8A.2 A person who intends to export relevant goods and who intends to apply to the Secretary for the issue of a certificate in respect of the goods must apply in writing to the Secretary for a notice declaring that this order applies to the goods.

8A.3 The application must:

(a) describe the goods to be exported; and

(b) identify the exporter of the goods; and

(c) identify each establishment at which the goods are to be prepared; and

(d) be signed by the exporter.

8A.4 Upon receipt of the application, the Secretary may give the applicant a notice in writing specifying orders that apply to, or in relation to, the goods.

8A.5 Upon receipt of the notice:

(a) the goods are declared, by force of this suborder, to be prescribed goods; and

(b) the orders specified in the notice apply to, and in relation to, the goods.

8A.6 The Secretary may amend or revoke the notice.

Passengers’ baggage

9.1A In this order:

meat includes:

(a) Halal meat; and

(b) edible offal and meat products; and

(c) game meat, edible game offal and game meat products; and

(d) rabbit meat and rabbit meat products; and

(e) poultry meat and poultry meat products.

9.1 Meat, or another foodstuff, that would, but for suborder 7.4, be prescribed goods, may have a label in accordance with suborder 9.3 applied to its covering if:

(a) the goods are in a traveller’s personal baggage or a travellers’ pack; and

(b) the goods comply with the appropriate condition in suborder 9.2.

9.2 The conditions are:

(a) for meat — that the meat was:

(i) prepared in a registered establishment; and

(ii) inspected by an authorised officer and passed as suitable for human consumption; and

(iii) supplied to the traveller by a person, and in accordance with a procedure, approved by the Secretary; and

(b) for foodstuffs of any other kind — that the goods have been inspected by an authorised officer and passed as suitable for human consumption.

9.3 Where suborder 9.2 has been complied with, a person who supplies prescribed goods to which suborder 9.1 applies may apply to the covering of the goods a label approved by the Secretary that indicates that the goods:

(a) are not for resale;

(b) are suitable for human consumption; and

(c) have been inspected and passed as suitable for human consumption in accordance with the Act;

and, where necessary, the label may also contain:

(d) additional information; or

(e) a facsimile of the official mark that relates to those goods.

Part 3 Export of prescribed goods prohibited unless conditions or restrictions complied with

Prohibition of export

For the purposes of subsection 7 (1) of the Act, the export of prescribed goods is prohibited unless the conditions or restrictions specified in these Orders are complied with.

Conditions or restrictions

11.1 For the purposes of order 10, the following conditions or restrictions apply to, or in relation to, prescribed goods, other than fish of a kind referred to in suborder 11.2:

(a) the live animals from which the goods were derived have been transported, handled, treated and held in accordance with orders that apply to the goods;

(b) the goods shall, where required by orders that apply to the goods, have been prepared in, and inspected it, a registered establishment, except that in exceptional circumstances the Secretary may, on such conditions as the Secretary thinks fit, permit:

(i) the storage of goods at that establishment after the registration of that establishment has been suspended or revoked (being goods already stored at that establishment); or

(ii) the inspection of the goods to be undertaken at an establishment that is not registered;

(c) the goods shall have been prepared, inspected or transported in accordance with orders that apply to the goods;

(d) the conditions or restrictions that apply to, or in relation to, the goods in orders that apply to the goods shall have been complied with;

(e) the goods shall not have been prepared during a period in which 1 or more of the export operations of a registered establishment was suspended or revoked in respect of those goods;

(f) where an official mark has been specified in order 87, the official mark shall have been applied to the goods or the coverings in which they are packed in accordance with orders that apply to the goods;

(g) a trade description, containing the particulars specified in order 60 and other orders that apply to the goods, shall have been affixed to the goods in accordance with those orders;

(h) the goods shall not have been moved from a registered establishment unless:

(i) notice, in accordance with orders that apply to the goods, has been given to an authorized officer; and

(ii) the goods are conveyed in accordance with orders that apply to the goods;

(i) the goods shall have been loaded into a container system unit, aircraft or ship in accordance with orders that apply to the goods;

(j) notice of intention to export the goods shall have been given to an authorized officer and certified by an authorized officer in accordance with these Orders;

(k) the exporter shall hold an export permit that has been granted in respect of the goods in accordance with these Orders.

11.2 For the purposes of order 10, the conditions or restrictions that apply to, or in relation to:

(a) fish that is not intended for human consumption, being fish that:

(i) is clearly marked as not fit for human consumption; and

(ii) has been denatured or is in such a form that it is unacceptable for human consumption;

(b) fish that was imported from a licensed foreign boat, being fish that:

(i) has not been processed in any way since it was imported; and

(ii) has not been marked with a trade description, other than a trade description that relates to the size of the fish or a code mark identifying the container in which the fish is packed; and

(c) fish that was imported after having been first landed in a port or place outside Australia, being fish that:

(i) has not been processed in any way since it was imported;

(ii) is exported in the same container in which it was imported, no covering having been removed or added; and

(iii) bears the name of its country of origin on the outermost of any container;

shall be as follows:

(d) notice of intention to export the fish shall have been given to an authorized officer in accordance with Part 8;

(e) the fish shall have been examined by an authorized officer;

(f) an export permit shall have been granted in respect of the fish in accordance with Part 9.

Part 4 Exemption

Granting of exemption

Where there are reasonable grounds to believe that prescribed goods are being exported or prepared:

(a) as a commercial sample that does not exceed:

(i) in the case of liquid — 50L; and

(ii) in any other case — 60 kg;

(b) for experimental purposes;

(c) in exceptional circumstances; or

(d) in special commercial circumstances;

the Secretary may, subject to such conditions as the Secretary thinks fit, by instrument in writing, specify orders that are not to apply to, or in relation to, the goods.

Application for exemption

Where a person wishes to seek an exemption in accordance with order 12, the person shall apply in writing to the Secretary at least 10 clear working days, or such shorter period as the Secretary may allow, before the proposed date of export or preparation and the application shall:

(a) specify those orders that apply to the goods from which exemption is being sought;

(b) give the reason for seeking the exemption; and

(c) provide such information as will permit the Secretary to identify the goods for which the exemption is being sought, including, where possible, the information specified in paragraphs 70.1 (a) to (o) inclusive.

13A Export of meat, game, poultry and rabbit meat from non export registered establishments

13A.1 This order applies to the following prescribed goods:

(a) meat;

(b) meat products;

(c) edible offal;

(d) edible game offal;

(e) game meat;

(f) game meat products;

(g) poultry;

(h) poultry meat products;

(i) rabbit meat;

(j) rabbit meat products.

13A.2 A person may apply to the Secretary for an instrument of exemption for prescribed goods of the kind described in the application that are produced by a person specified in the application at an establishment that is not registered (whether or not it has previously been registered) and that are intended for export to the country specified in the application.

13A.3 The application must contain the following information:

(a) a description of the goods; and

(b) the period during which export is to take place; and

(c) the name of the producer of the goods and the State or Territory in which the production is to take place; and

(d) the name of the country that is the intended destination of the goods; and

(e) any limitations, conditions or requirements that have been specified as applying to the goods to which the application relates by the national authority responsible for the importation of goods of that kind in the country that is the intended destination of the goods; and

(f) such other information as is necessary to enable the Secretary to consider the matters set out in suborder 13A.5.

13A.4 If the application does not contain sufficient information to enable the Secretary to consider the matters set out in suborder 13A.5 the Secretary may by notice in writing given, or sent electronically, to the applicant request the applicant to provide further information within a specified period and if the request is not complied with within that period the Secretary may decline to deal further with the application.

13A.5 The Secretary must issue an instrument of exemption if the Secretary is satisfied:

(a) that the national authority responsible for the importation of goods of the kind described in the application in the country that is the intended destination of the goods has stated in writing that it will accept the importation of the goods described in the application during the period specified in the application on the basis that the goods have been produced in accordance with the applicable Australian Standards and by a person who is accredited or licensed to produce the goods under a law of a State or Territory that regulates the production of goods of that kind; and

(b) that the national authority has stated in writing whether it requires:

(i) certification in respect of the goods described in the application from the Division within the Department known as the Australian Quarantine and Inspection Service that is made on the basis of assurances about the goods and their production given by the State or Territory authority; or

(ii) certification in respect of the goods described in the application from the State or Territory authority; or

(iii) no certification of the kind referred to in subparagraph (i) or (ii) in respect of the goods described in the application; and

(c) if the national authority requires certification in respect of the goods from the Division within the Department known as the Australian Quarantine and Inspection Service — that any limitations, conditions or requirements that have been specified as applying to the goods by the national authority will be able to be met; and

(d) that the State or Territory authority has stated in writing that:

(i) a person named in the application as the producer of the goods is accredited or licensed to produce the goods under a law of the State or Territory that regulates the production of goods of that kind; and

(ii) it is satisfied that the goods will be produced in accordance with the applicable Australian Standards; and

(e) that the State or Territory authority has stated in writing that it is satisfied that, during the period in which the goods are produced, the producer of the goods will:

(i) participate in any microbiological or residue testing programs for the goods necessary to ensure that the goods are produced in accordance with the applicable Australian Standards; and

(ii) comply with procedures of product identification and traceability that will enable the goods to be recalled if required.

13A.6 Despite the fact that the Secretary is satisfied of the matters referred to in suborder 13A.5, the Secretary:

(a) is not required to issue an instrument, but may do so, if:

(i) the applicant had previously been issued with an exemption on the basis of an application made under order 13A.2 and the applicant had made a false or misleading statement in the application; or

(ii) the applicant or the producer of the goods has failed to comply with the conditions attached to an instrument previously issued by the Secretary under suborder 13A.5; and

(b) is not required to issue an instrument if the Secretary has reasonable grounds to believe that if the instrument were to be issued there is a significant risk that:

(i) goods to which the instrument would apply could be exported from Australia without having been produced in accordance with the applicable Australian Standards; or

(ii) trade in the export from Australia of prescribed goods of a kind referred to in suborder 13A.1 could be adversely affected; and

(c) must not issue an instrument if an amount in respect of any of the following is owed to the Commonwealth being an amount that is payable to the Department and arrangements satisfactory to the Secretary have not been made for its payment to the Department:

(i) a fee for a service performed by an authorised officer at the establishment referred to in suborder 13A.2; or

(ii) a charge or levy the liability for which was ascertained in relation to the establishment by reference to a matter prescribed by a law of the Commonwealth; or

(iii) a penalty for a failure to discharge the liability to pay that charge or levy.

13A.7 The instrument:

(a) must state that Part 5 of these Orders does not apply to goods of the kind described in the application that are produced by the person named in the application and that are to be exported to the country named in the application during the period specified in the application; and

(b) may state that any of the following orders that are specified in the instrument do not apply to goods of the kind described in the application that are produced by the person named in the application and that are to be exported to the country named in the application during the period specified in the application:

(i) any of these Orders; or

(ii) any of the Export Meat Orders; or

(iii) any of the Game, Poultry and Rabbit Meat Orders.

13A.8 Suborder 13A.7 does not prevent the instrument from stating that all of these Orders (other than orders 13A and 14) and all of the Export Meat Orders or all of the Game, Poultry and Rabbit Meat Orders do not apply to goods of the kind described in the application that are produced by the person named in the application and that are to be exported to the country named in the application.

13A.9 The instrument ceases to have effect:

(a) at the end of 12 months from the day specified in the instrument; or

(b) if no day is specified — at the end of 12 months from the day the instrument is issued; or

(c) if a period of less than 12 months is specified in the application — at the end of that earlier period.

13A.10 The person to whom the instrument of exemption is issued may, not earlier than 3 months and no later than one month before the instrument is due to cease to have effect, apply to the Secretary for the renewal of the instrument.

13A.11 The Secretary may extend the period within which the application for renewal of the instrument may be made, whether or not the period has ended or the instrument has ceased to have effect.

13A.12 An application for renewal must be in accordance with suborder 13A.3 and if the application does not contain sufficient information to enable the Secretary to consider the matters set out in suborder 13A.5 suborder 13A.4 applies.

13A.13 The Secretary:

(a) must renew the instrument of exemption if, in respect of the application for renewal, the Secretary is satisfied of the matters set out in suborder 13A.5; and

(b) may renew the instrument if paragraph 13A.6 (a) or (b) apply in respect of the application for renewal; and

(c) must not renew the instrument if paragraph 13A.6 (c) applies.

13A.14 The Secretary may:

(a) issue or renew the instrument of exemption subject to conditions specified in the instrument; and

(b) impose new conditions or revoke or vary the conditions by notice in writing given or sent electronically to the person to whom the instrument was issued.

13A.15 An authorised officer may:

(a) give a certificate required by the national authority under subparagraph 13A.5 (b) (i) on the basis of assurances referred to in that subparagraph; and

(b) refuse to give a certificate if the officer:

(i) is satisfied that any of the grounds of revocation referred to in suborder 13A.16 exist; or

(ii) is not satisfied with the contents of an assurance referred to in subparagraph 13A.5 (b) (i) given in respect of the goods; and

(c) amend or revoke a certificate that has been given by an authorised officer if the officer is satisfied that any of the grounds of revocation referred to in suborder 13A.16 exist.

13A.16 If the Secretary is satisfied that any of the following apply the Secretary may revoke the instrument of exemption by notice in writing given, or sent electronically, to the person to whom the instrument was issued:

(a) a condition to which the instrument is subject is not complied with; or

(b) the national authority withdraws or changes its statement referred to in paragraph 13A.5 (a) or (b); or

(c) the State or Territory authority:

(i) does not give or withdraws or varies a certification for the goods that the national authority requires the State or Territory authority to give; or

(ii) varies its statement referred to in paragraph 13A.5 (d) or (e); or

(d) the producer ceases to be accredited or licensed as referred to in paragraph 13A.5 (d); or

(e) during the period in which the goods are to be produced and exported the producer fails to:

(i) participate in any microbiological or residue testing programs referred to in subparagraph 13A.5 (e) (i); or

(ii) comply with procedures of product identification and traceability referred to in subparagraph 13A.5 (e) (ii); or

(f) if the instrument were not revoked — there is a significant risk that:

(i) goods to which the instrument applies that have not been produced in accordance with the applicable Australian Standards could be exported from Australia; or

(ii) trade in the export from Australia of prescribed goods of a kind referred to in suborder 13A.1 could be adversely affected.

13A.17 If the instrument of exemption is revoked or ceases to have effect the orders that have been specified in the instrument as not applying will apply.

13A.18 A person must not make a false or misleading representation:

(a) that an instrument of exemption has been issued or is in force in respect of prescribed goods; or

(b) as to the contents of an instrument of exemption or of a condition to which the instrument is subject.

Penal provision

13A.19 In this order:

applicable Australian Standards means:

(a) Australian Standard for Hygienic Production of Meat for Human Consumption; and

(b) the Australian Standard for Construction of Premises Processing Meat for Human Consumption; and

(c) the Australian Standard for Construction of Premises Processing Animals for Human Consumption; and

(d) the Australian Standard for Transportation of Meat for Human Consumption; and

(e) the Australian Standard for Hygienic Production of Game Meat for Human Consumption; and

(f) the Australian Standard for Hygienic Production of Poultry Meat for Human Consumption; and

(g) the Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption.

production in relation to goods means all or any of the following:

(a) the slaughter or killing of animals and the dressing of carcases from which prescribed goods are obtained;

(b) the processing, chilling or freezing of prescribed goods.

State or Territory authority means the State or Territory authority:

(a) in the State or Territory in which the production is to take place; and

(b) responsible for ensuring that the production of goods of the kind described in the application is in accordance with the applicable Australian Standards.

Provisions not to apply

Where the Secretary has, in accordance with order 12 or order 13A, specified orders that are not to apply to prescribed goods, the orders so specified do not apply to, or in relation to, those goods.

Part 5 Registered establishments

Division I Registration of establishment

Application for registration

Where it is proposed to use an establishment for the preparation of prescribed goods, the occupier of the establishment shall apply in writing in a form approved by the Secretary, in accordance with orders that apply to the goods, for the registration of the establishment.

Application to contain certain information

16.1 An application made in accordance with order 15 shall include:

(a) the name and business address of the person who is to be the occupier of the establishment, and:

(i) in the case of a body corporate — the names and addresses of the persons who are to manage or control the operations to be carried on in the establishment by the body corporate; or

(ii) in the case of a partnership — the names and addresses of the members of the partnership;

(b) in the case of premises:

(i) the location of the premises; and

(ii) the external boundary of the premises;

(c) in the case of a ship:

(i) the name of the ship;

(ii) the home port of the ship; and

(iii) the place in Australia where the ship can be inspected;

(d) particulars of:

(i) export operations; and

(ii) other operations likely to affect the export operations;

to be carried on in the establishment.

(e) if the person who is to be the occupier of the establishment is a natural person — particulars of any relevant offence of which the person has been convicted;

(f) if the person who is to be the occupier of the establishment is a body corporate — particulars of any relevant offence of which any person who is to manage or control the operations to be carried on in the establishment has been convicted; and

(g) if the person who is to be the occupier of the establishment is a partnership — particulars of any relevant offence of which any person who is a member of the partnership has been convicted.

16.2 Nothing in suborder 16.1 requires the application to contain particulars of an offence of which a person has been convicted if the offence is one in relation to which the conviction is spent in accordance with Part VIIC of the Crimes Act 1914.

Plans and specifications

Where required by orders, an application in accordance with order 15 shall be accompanied by detailed plans and specifications of:

(a) the establishment; and

(b) the equipment to be used in the establishment.

18A Shared amenities and facilities

Where an establishment contains the amenities required to be provided by orders for the use of authorized officers or employees, as the case may be, the Secretary may determine that those requirements have been complied with in respect of any other establishment that is located within the same premises.

Registration

19.1 Subject to orders, where:

(a) there are reasonable grounds to believe that the requirements specified in order 24, 27, 35 or 46 have been met; and

(b) the prescribed fee (if any) has been paid;

the Secretary shall, subject to such conditions as the Secretary thinks fit (including a condition in the same terms as a law of a State or Territory in which the establishment is located that applies to an establishment of that kind), register the establishment in the name of the occupier.

19.3 Where an amount described in paragraph 24 (g), 27 (e) or 35 (f) is payable to the Department by a person who is or was the occupier of an establishment, that amount shall be taken to have been paid to the Department for the purposes of that paragraph if the Secretary has entered into an arrangement for the payment of that amount with the person who is the occupier of that establishment, or, in the case of paragraph 35 (f), a person who intends to occupy that establishment, provided, in the case of paragraph 24 (g) or 35 (f) there are exceptional circumstances, and the amount was payable to the Department prior to 29 April 1985.

19.4 For the purposes of paragraph 43 (f), compliance with the terms of an arrangement of the kind described in suborder 3 shall be regarded as a condition to which registration is subject.

19.5 The Secretary shall register premises pursuant to an application under order 15, and renew the registration of premises pursuant to an application under order 25, notwithstanding the non-payment of an amount referred to in paragraph 24 (g) or 27 (e) as the case may be, if satisfied that:

(a) the applicant became the occupier prior to the relevant date;

(b) the occupier (or any person having a beneficial interest in the occupier or in the trusts upon which the occupier holds the premises) was not a party to any arrangement for the purpose, or for purposes which included the purpose, of avoiding payment or prompt payment of monies due to the Department; and

(c) any consideration given or to be given by or on behalf of the occupier for the right to so occupy was not calculated having regard to the possibility that the amount due to the Department may be payable by the occupier.

19.6 In suborder 19.5 relevant date means:

(a) where the establishment was on the date the applicant became the occupier, registered under the orders made on 5 December 1983 under the Export Control (Orders) Regulations (‘Meat Orders’), 13 August 1984; and

(b) in any other case, 29 April 1985.

19A Registration with undertaking

19A.1 This order applies if:

(a) an application has been made under order 15, suborder 25.1 or order 34 for registration, renewal of registration or assignment of registration, respectively, of an establishment; and

(b) an amount mentioned in paragraph 24 (g), 27 (e) or 35 (f) payable to the Department has not been paid (the amount outstanding).

19A.2 For paragraph 19.1 (a), the amount outstanding is taken to have been paid if:

(a) the proposed occupier of the establishment has given a written undertaking to the Secretary that the proposed occupier will pay the amount outstanding to the Department on terms agreed with the Secretary; and

(b) the Secretary considers that it is appropriate to accept an undertaking in the proposed occupier’s circumstances.

19A.3 For paragraph 19A.2 (a), an undertaking must include a term that the amount outstanding payable by the proposed occupier under the undertaking is to be reduced by any amounts paid by, or on behalf of, the person who incurred the fee, charge, levy or penalty to which the amount outstanding relates (the original debtor).

19A.4 For paragraph 19A.2 (b), the Secretary must take into account:

(a) the financial position of the proposed occupier; and

(b) the nature and likely cost of the operations proposed to be carried on at the establishment; and

(c) whether the proposed occupier will be able to meet:

(i) the undertaking; and

(ii) the cost of the operations; and

(d) other relevant factors.

19A.5 An undertaking may be varied at any time by agreement between the Secretary and the proposed occupier.

19A.6 The Secretary may agree to a variation if:

(a) taking into account the matters mentioned in suborder 19A.4, the Secretary considers that it is appropriate to agree to the variation in the proposed occupier’s circumstances; and

(b) the variation does not reduce the proposed occupier’s liability under the undertaking to pay the amount outstanding.

19A.7 Compliance with the terms of an undertaking (including any variation) is a condition to which registration of the establishment in the name of the proposed occupier is subject.

Note Failure to comply with a condition of registration is a ground of revocation or suspension: see subparagraph 43 (f) (ii) and 48 (d), respectively.

19A.8 An amount payable under an undertaking (including any variation) for a period during which the establishment to which the undertaking relates is registered in the name of the proposed occupier:

(a) is a debt due to the Commonwealth; and

(b) may be recovered in a court of summary jurisdiction.

19A.9 A payment by the proposed occupier under the undertaking:

(a) must be applied by the Department to reduce the amount outstanding; and

(b) for paragraph 24 (g), 27 (e) or 35 (f) (as the case requires), is taken to reduce, by the amount of the payment, the amount owed to the Commonwealth and payable to the Department.

19A.10 However, the liability of the original debtor to pay the full amount of the amount outstanding is not affected by an undertaking under this order or by payments made under the undertaking.

19A.11 If the amount outstanding comprises 2 or more amounts of a kind mentioned in paragraph 24 (g), 27 (e) or 35 (f), the Secretary may decide the order in which payments under the undertaking are to be applied by the Department against the amounts.

19A.12 If the sum of payments made in respect of the amount outstanding by the proposed occupier under the undertaking and by, or on behalf of, the original debtor, at any time exceeds the amount outstanding, the excess amount paid over the amount outstanding must be refunded to the proposed occupier.

Registration period

Subject to these Orders, the registration of an establishment shall come into force on the date on which the Secretary registers the establishment, or the date specified in the certificate of registration and shall remain in force:

(a) until such time as the Secretary revokes the registration of the establishment in accordance with orders;

(b) until such time as the occupier of an establishment notifies the Secretary in writing that the occupier wishes the registration to cease; or

(c) for such period as may be specified by the Secretary.

Number and certificate

Where the Secretary registers an establishment, the Secretary shall:

(a) allot a number to the establishment; and

(b) issue to the person in whose name the establishment is registered a certificate of registration in respect of the establishment that specifies:

(i) the export operations for which the establishment has been registered; and

(ii) the number allotted in accordance with paragraph (a).

Copy of certificate to be displayed

The occupier of registered premises shall not, without reasonable excuse, fail to cause the copy of the current certificate issued in respect of those premises in accordance with order 21 to be displayed prominently in the premises.

Penal provision

Exception for certain ships

This Part does not apply to a ship that is:

(a) a catcher boat; or

(b) used for the carriage of prescribed goods that are being:

(i) exported from Australia; or

(ii) transported between Australian ports.

Division II New registrations

Registration requirements for new establishments

Except as otherwise provided in orders, where:

(a) an application has been made in accordance with order 15;

(b) an establishment is constructed so as to comply with orders that apply to the operations to be carried on in the establishment;

(c) the equipment available in an establishment is, or the equipment to be made available in an establishment will be:

(i) equipment that has been approved for that purpose where such approval is required by orders; and

(ii) adequate for the carrying on of operations in an efficient and hygienic manner;

(d) the laundry, first aid and safety services to be made available for authorized officers are adequate;

(e) export operations to be carried out in an establishment are compatible with one another;

(f) operations, other than export operations, that are to be carried on in an establishment will not affect the hygienic preparation of prescribed goods;

(g) any amount in respect of:

(i) a fee for a service performed at, or in respect of, the establishment;

(ii) charge or levy the liability for which was ascertained in relation to the establishment by reference to a matter prescribed by a law of the Commonwealth;

(iii) penalty in relation to failure to discharge the liability to pay that charge or levy;

that is owed to the Commonwealth, being an amount that is payable to the Department, has been paid to the Department; and

(h) any person:

(i) in whose name an establishment is to be registered;

(ii) who is to manage or control the operations to be carried on in the establishment; or

(iii) who, in the case of a partnership, is a member of a partnership in the name of which an establishment is to be registered;

is deemed to be a fit and proper person in accordance with order 47;

the Secretary shall register the establishment in accordance with order 19 and issue a certificate in accordance with order 21.

Division III Renewal of registration

Application for renewal

25.1 The occupier of a registered establishment may apply in writing to the Secretary for the renewal of the registration of the establishment.

25.2 An application for renewal of the registration of an establishment in accordance with suborder 25.1 shall reach the Secretary not less than 28 days before the registration expires, or within such shorter period as the Secretary allows.

Registration lapses if application not received

Where an application for the renewal of the registration of an establishment has not been made in accordance with order 25:

(a) the registration shall lapse after the last day of the period for which the establishment is registered; and

(b) any later application for renewal of the registration shall be treated in accordance with Division II of this Part.

Renewal of registration

Where:

(a) application is made in accordance with order 25;

(b) orders that apply to the establishment are being complied with;

(c) the equipment in the establishment:

(i) is being operated; or

(ii) where the equipment is not being operated, is capable of being operated;

in an efficient and hygienic manner;

(d) only those export operations for which the establishment is registered are being carried on in the establishment;

(e) any amount in respect of:

(i) a fee for a service performed at the establishment;

(ii) charge or levy the liability for which was ascertained in relation to the establishment by reference to a matter prescribed by a law of the Commonwealth; or

(iii) penalty in relation to failure to discharge the liability to pay that charge or levy;

that is owed to the Commonwealth, being an amount that is payable to the Department, has been paid to the Department; and

(f) the person in whose name the establishment is registered has not ceased to be deemed to be a fit and proper person in accordance with order 47;

and:

(g) a person who manages or controls operations carried on in the establishment by a body corporate in the name of which the establishment is registered has not ceased to be deemed to be a fit and proper person in accordance with order 47; or

(h) a member of a partnership in the name of which the establishment is registered has not ceased to be deemed to be a fit and proper person in accordance with order 47;

the Secretary shall, where paragraphs (a) to (h) (inclusive) have been complied with, renew the registration of the establishment in accordance with order 19 and issue a certificate in accordance with order 21.

Division IV Changes relating to occupancy of registered establishment

Cessation of occupancy to be notified

Where the person in whose name an establishment is registered ceases to be the occupier of the establishment, the person shall, within 7 days after the date on which the person ceases to be the occupier, notify the Secretary in writing of the date on which the person ceased to be the occupier.

29A Change of name or address to be notified

If there is a change in the name or address of the occupier of a registered establishment, the occupier must, within 7 days after the change, notify the Secretary in writing.

Penal provision

Registration lapses on cessation of occupancy

Where a person ceases to be the occupier of a registered establishment, the registration of the establishment shall lapse:

(a) on the day on which the notification specified in order 29 is received by the Secretary; or

(b) 7 days after the date on which the person ceased to be the occupier of the establishment;

whichever occurs first.

Division V Change in body corporate or partnership

Notification of change

Where a body corporate or a partnership is specified in the certificate of registration of an establishment as the occupier of the establishment and:

(a) in the case of a body corporate — there is a change in the persons who manage or control the operations carried on at the establishment by the body corporate; or

(b) in the case of a partnership — there is a change in the membership of the partnership;

the body corporate or partnership shall, within 7 days after the change:

(c) notify the Secretary in writing of the date on which the change occurred; and

(d) inform the Secretary of the name and address of a person who has commenced to manage or control the operations carried on at the establishment by the body corporate or who has become a member of the partnership, as the case may be.

Continuation of registration

Where:

(a) the Secretary has been notified of a change in accordance with order 31; and

(b) a person referred to in paragraph 31 (d) is deemed to be a fit and proper person in accordance with order 47;

the registration of the establishment shall continue in force.

Division VA Other events to be notified

33 Events of which occupier of establishment must inform Secretary

The occupier of a registered establishment must give the Secretary written particulars of the occurrence of any of the following events or circumstances within 7 days after the occurrence of the event or circumstance:

(a) if the occupier is a natural person:

(i) he or she is convicted of a relevant offence;

(ii) he or she becomes bankrupt; or

(iii) he or she executes a deed of arrangement or a deed of assignment under Part X of the Bankruptcy Act 1966;

(b) if the occupier is a body corporate:

(i) the body corporate, or a person who manages or controls the operations carried on at the establishment, is convicted of a relevant offence;

(ii) a court orders that the body corporate be wound up;

(iii) a resolution is passed that it be wound up voluntarily; or

(iv) it enters into administration as defined in section 435C of the Corporations Act 2001;

(c) if the occupier is a partnership:

(i) the partnership, or a member of the partnership, is convicted of a relevant offence; or

(ii) the partnership is dissolved.

Division VI Assignment of registration

Application for assignment

A person in whose name an establishment is registered may, by notice in writing to the Secretary, apply for the assignment of the registration to a person who intends to occupy the establishment.

Assignment of registration

Where:

(a) the Secretary has received an application in accordance with order 34;

(b) the information specified in paragraph 16 (a) has been provided;

(c) orders that apply to the establishment are being complied with;

(d) the equipment in the establishment:

(i) is being operated; or

(ii) where the equipment is not being operated, is capable of being operated;

in an efficient and hygienic manner;

(e) only those export operations for which the establishment is registered are being carried on, or will be carried on, in the establishment;

(f) any amount in respect of:

(i) a fee for a service performed at the establishment;

(ii) charge or levy the liability for which was ascertained in relation to the establishment by reference to a matter Prescribed by a law of the Commonwealth; or

(iii) penalty in relation to failure to discharge the liability to pay that charge or levy;

that is owed to the Commonwealth, being an amount that is payable to the Department, has been paid to the Department; and

(g) the person to whom the registration of the establishment is to be assigned is deemed to be a fit and proper person in accordance with order 47;

and:

(h) a person who is to manage or control the operations to be carried on in the establishment by a body corporate to which the registration of the establishment is to be assigned is deemed to be a fit and proper person in accordance with order 47; or

(i) a member of a partnership to which the registration of the establishment is to be assigned is deemed to be a fit and proper person in accordance with order 47;

the Secretary shall, where paragraphs (a) to (i) (inclusive) have been complied with, assign the registration by registering the establishment in accordance with order 19 and issue a certificate in accordance with order 21.

Division VII Alterations to registered establishments

Alterations or additions to be approved

Subject to order 37, an alteration or addition shall not be made to:

(a) a registered establishment; or

(b) an establishment that is to be registered;

unless:

(c) the occupier submits to the Secretary a proposal for the alteration or addition in accordance with orders that apply to the establishment;

(d) the proposed alteration or addition complies with orders that apply to the establishment; and

(e) the Secretary has, by instrument in writing, approved the proposal.

Exception for minor alterations

Order 36 does not apply to, or in relation to, a minor alteration or addition, not being an alteration or addition that, in the opinion of the authorized officer in charge, or who is responsible for inspection, at the registered establishment, affects, or is likely to affect:

(a) the hygienic condition of the establishment; or

(b) the manner in which prescribed goods can be inspected.

Division VIII Variation of export operations

Additional operations not to be carried out

The occupier of a registered establishment shall not carry out in the establishment export operations that have not been specified in the certificate of registration in accordance with subparagraph 21 (b) (i).

Penal provision

Application for approval of additional operations

Where the occupier of a registered establishment wishes to carry on at the establishment export operations in addition to those specified in the certificate of registration in accordance with subparagraph 21 (b) (i), the occupier shall submit an application in writing to the Secretary in accordance with orders 15, 16 and 17.

Additional operations not to commence until approval received

Where the occupier of an establishment has applied to carry on additional export operations in accordance with order 39, those operations shall not commence until the Secretary’s approval in writing has been received.

41 Secretary may vary registration

41.1 If:

(a) the occupier of a registered establishment ceases to be deemed to be a fit and proper person in accordance with order 47;

(b) in the case of a body corporate — a person who manages or controls the operations carried on at a registered establishment by the body corporate is not deemed to be, or ceases to be deemed to be, a fit and proper person in accordance with order 47;

(c) in the case of a partnership — a member of the partnership in the name of which a registered establishment is registered is not deemed to be, or cease to be deemed to be, a fit and proper person in accordance with order 47;

(d) there are reasonable grounds to believe that circumstances in relation to the condition of, or the equipment in, a registered establishment have changed; or

(e) there are reasonable grounds to believe that the suitability of a registered establishment for the export operations for which it has been registered has changed;

the Secretary may:

(f) vary the conditions to which the registration of the establishment is subject in such manner as the Secretary thinks fit; or

(g) vary the registration of the establishment by reducing the number of export operations that may be carried on at the establishment;

without an application having been made by the occupier of the establishment.

41.2 In paragraph 41.1 (f) the reference to varying the conditions to which the registration of an establishment is subject includes a reference to imposing, adding or substituting a condition of registration.

Certificate of registration

Where the Secretary varies the conditions to which the registration of an establishment is subject or varies the registration of an establishment in accordance with this Division, a certificate of registration shall be issued within 7 days to the occupier of the establishment in accordance with order 21.

Division IX Revocation of registration

Grounds for revocation

Where there are reasonable grounds to believe that:

(a) a registered establishment has, or export operations being carried on in a registered establishment have, ceased to comply with orders that apply to the establishment or operations;

(b) alterations or additions have been made to a registered establishment, or to equipment in the establishment, otherwise than in accordance with orders that apply to the establishment or equipment;

(c) the equipment in a registered establishment is no longer adequate for the carrying on of operations in an efficient and hygienic manner;

(d) any operations being carried on in a registered establishment are being carried on in a manner that may affect the hygienic preparation of prescribed goods;

(e) prescribed goods, other than the prescribed goods in respect of which a registered establishment is registered, are prepared at the establishment;

(f) the occupier of a registered establishment has failed to comply with:

(i) a provision of the Act;

(ii) a condition to which the registration is subject;

(iia) a requirement of order 29A, 31 or 33;

(iii) an instrument of suspension issued by the Secretary in accordance with order 48;

(iv) the requirements of a notice in writing issued in accordance with order 51 requiring the occupier to cease export operations;

(v) an instruction relating to the preparation of prescribed goods issued by an authorized officer in the course of performing duties as an authorized officer; or

(vi) a notice issued by the Secretary in accordance with order 52;

(g) any of the following persons is not deemed to be, or ceases to be deemed to be, a fit and proper person in accordance with order 47:

(i) where a body corporate is specified in the certificate of registration of an establishment as the occupier of the establishment, that body corporate or a person who manages or controls the operations carried on at that establishment by the body corporate;

(ii) where a partnership is so specified, a person who is a member of the partnership;

(iii) in any other case — the occupier of the establishment; or

(h) an authorized officer has been prevented, by the use of force or intimidation, from performing that officer’s duties in respect of the preparation of prescribed goods at a registered establishment;

the Secretary may, by instrument in writing, revoke the registration of the establishment in respect of 1 or more of the export operations for which the establishment is registered.

43A Revocation for failure to pay debts

Where the amount described in order 49A has not been paid within 90 days of the suspension of the registration of an establishment in accordance with order 49A the registration of that establishment may be revoked by the Secretary.

43B Revocation for conviction of offence

The Secretary may revoke the registration of a registered establishment if:

(a) the occupier is convicted of a relevant offence; or

(b) a person who manages or controls the operations carried on at the establishment is convicted of a relevant offence.

Notice of revocation

Where the Secretary revokes the registration of an establishment in accordance with order 43, 43A or 43B, the Secretary shall, as soon as is practicable and not later than 7 days after the revocation, notify the occupier of the establishment in writing of the revocation.

Division X Reinstatement of registration

Application for reinstatement of registration

The occupier of an establishment the registration of which has been revoked in accordance with order 43, 43A or 43B, may make application to the Secretary for the reinstatement of the registration of the establishment.

Reinstatement of registration

Where:

(a) the grounds on which the registration of an establishment was revoked in accordance with order 43, 43A or 43B no longer exist; and

(b) the establishment and the occupier comply with the requirements specified in order 24;

the Secretary may, where paragraphs (a) and (b) have been complied with, reinstate the registration in accordance with order 19 and issue a certificate in accordance with order 21.

Division XI Fit and proper person

Fit and proper person

47.1 The Secretary may determine whether a person is regarded as being a fit and proper person for the purposes of the Act or regulations or orders made under the Act, having regard to any of the following:

(a) subject to Part VIIC of the Crimes Act 1914, whether the person has been convicted of an offence against the Act or against any other law of the Commonwealth or a law in force in a State or Territory;

(b) whether the person, either alone or jointly with another person, owes to the Commonwealth any amount by way of:

(i) a fee for a service performed at a registered establishment; or

(ii) a charge or levy arising under a law of the Commonwealth; or

(iii) a penalty for failure to pay a charge or levy arising under a law of the Commonwealth;

(c) whether the person has, either alone or jointly with another person, failed to pay any fee, charge, levy or penalty of that kind within 30 days after the due date for payment;

(d) whether the person has made a false or misleading statement:

(i) in any application or notice under the Act, or under regulations or orders made under the Act; or

(ii) otherwise, either orally or in writing, in relation to operations, or proposed operations, at a registered establishment, or a proposed registered establishment, or in any way relating to the export of prescribed goods;

(e) whether the person has contravened any other notice, instruction, condition or restriction under the Act, or under regulations or orders made under the Act;

(f) whether the person, either alone or jointly with another person:

(i) has been refused a licence, permit or approval to export prescribed goods; or

(ii) has been granted a licence, permit or approval to export prescribed goods which has been revoked, suspended or cancelled;

(g) any other relevant matter in relation to the person;

(h) whether an associate of the person would not be regarded as a fit and proper person for the purposes of the Act, or regulations or orders made under the Act, having regard to any of the matters referred to in paragraphs (a) to (g) (inclusive).

47.2 If a person, or an associate of a person, has been charged with an offence against the Act or against any other law of the Commonwealth or a law in force in a State or Territory, the Secretary may postpone determining whether the person is regarded as being a fit and proper person for the purposes of the Act, or regulations or orders made under the Act, until the charge is finally determined or withdrawn.

47.3 In paragraph 47.1 (h) and suborder 47.2, a reference to an associate of a person (in this suborder referred to as the person concerned) includes a reference to:

(a) a person who is or was a consultant, adviser, partner, representative on retainer, employer or employee of the person concerned or of any corporation of which the person concerned is an officer or employee or in which the person concerned holds shares; and

(b) the spouse or de facto spouse of the person concerned; and

(c) any other person, not referred to in paragraph (a) or (b), who is or was:

(i) directly or indirectly concerned in; or

(ii) in a position to control or influence the conduct of;

a business or undertaking of the person concerned, or of a corporation of which the person concerned is an officer or employee, or in which the person concerned holds shares; and

(d) a corporation of which the person concerned, or any of the other persons mentioned in paragraphs (a), (b) and (c), is, or was at a relevant date, an officer or employee, or in which the person concerned, or any of those other persons holds shares or held shares on a relevant date.

47.4 For the purposes of paragraph 47.3 (d), relevant date means the date on which:

(a) an offence referred to in paragraph 47.1 (a) was, or is alleged to have been, committed; or

(b) a fee for service, charge, levy or penalty referred to in paragraph 47.1 (b) or (c):

(i) was, or is alleged to have been, incurred; or

(ii) was, or is alleged to have been, due for payment; or

(iii) in the case of a penalty — was imposed or was due for payment;

or:

(c) a false or misleading statement referred to in paragraph 47.1 (d) was, or is alleged to have been, made; or

(d) the contravention referred to in paragraph 47.1 (e) occurred or is alleged to have occurred; or

(e) the licence, permit or approval referred to in paragraph 47.1 (f) was refused, revoked, suspended or cancelled or the conduct giving rise to the refusal, revocation, suspension or cancellation occurred, or is alleged to have occurred.

Division XII Suspension of registration

Grounds for suspension

Where the Secretary has reasonable grounds to believe that a provision of the Act or an order that applies to prescribed goods is not being complied with in respect of the:

(a) condition of a registered establishment;

(b) carrying on of operations in a registered establishment; or

(c) export of prescribed goods that have been prepared in a registered establishment;

or:

(d) where grounds for the revocation of the registration of an establishment in accordance with order 43 exist;

the Secretary may, by instrument in writing, suspend the registration of the establishment in respect of one or more of the export operations, either all or in part, for which the establishment is registered.

(a) the following design:

or

(b) any other design approved by the Secretary.

Serial number to be inserted

The design referred to in clause 1 shall be completed by the insertion, at the time of manufacture, in the space marked ‘A’, of a number, or a combination of letters and numbers, in accordance with directions given by the Secretary.

Construction

The design referred to in clause 1 shall be constructed of acceptable material and shall be fitted with an effective locking mechanism.

Schedule 10 Official mark specified in paragraph 87 (p)

Design of mark

Subject to clauses 2 and 3, the official mark specified in paragraph 87 (p) of these Orders shall be in accordance with:

(a) the following design

and be coated in green plastic; or

(b) any other design approved by the Secretary and shall be manufactured in accordance with directions given by the Secretary.

Details to be inserted on mark

The design referred to in clause 1 shall be completed by the insertion, at the time of manufacture, on the section of the mark marked ‘A’, of:

(a) the word ‘Australia’;

(b) the letters ‘DPI’ or other letters approved by the Secretary; and

(c) a number, or a combination of letters and numbers, in accordance with directions given by the Secretary.

Construction

The design referred to in clause 1 shall be constructed of acceptable material and shall be fitted with an effective locking mechanism.

Schedule 11 Official mark specified in paragraph 87 (q)

Design of mark

Subject to clauses 2 and 3, the official mark specified in paragraph 87 (q) of these Orders shall be in accordance with:

(a) the following design:

or

(b) any other design approved by the Secretary.

Registered establishment number to be inserted

The design referred to in clause 1 shall be completed by the insertion in the space marked ‘A’ of the number allotted, in pursuance of paragraph 21 (a) of these Orders, to the registered establishment.

Dimensions of mark

A dimension of the design referred to in clause 1, or a component of that design, that is specified in column 2 of an item in the following table shall be as specified in column 3 of the table opposite to that item except that, in the case of a mark affixed to small edible game offals or small game meat cuts, a dimension may be that specified in column 4 of the table opposite to that item:

TABLE

Column 1

Item

Column 2

Section of mark

Column 3

Normal size
mark

Column 4

Small size
mark

(mm) (mm)

1. Breadth of oval mark 50 32

2. Height of oval mark 39 22

3. Height of letters 6 (minimum) 3 (minimum)

4. Height of registered establishment number 8 (minimum) 3 (minimum)

TABLE
(mm)	(mm)
1.	Breadth of oval mark	50	32
2.	Height of oval mark	39	22
3.	Height of letters	6 (minimum)	3 (minimum)
4.	Height of registered establishment number	8 (minimum)	3 (minimum)

Schedule 12 Official mark specified in paragraph 87 (s)

Design of mark

Subject to clauses 2 and 3, the official mark specified in paragraph 87 (s) of these Orders shall be in accordance with the following design:

Registered establishment number to be inserted

The design referred to in clause 1 shall be completed by the insertion in the space marked ‘A’ of the number allotted, in pursuance of paragraph 21 (a) of these Orders, to the registered establishment.

Dimensions of mark

A dimension of the design referred to in clause 1, or a component of that design, that is specified in column 2 of an item in the following table shall be as specified in column 3 of the table opposite to that item except that, in the case of a mark affixed to small lamb meat cuts, a dimension may be that specified in column 4 of the table opposite to that item:

TABLE

Column 1

Item

Column 2

Section of mark

Column 3

Normal size
mark

Column 4

Small size
mark

(mm) (mm)

1. Breadth of oval mark 60 32

2. Height of oval mark 45 22

3. Breadth of lamb frame 40 21

4. Height of lamb frame 15 8

5. Height of letters 8 (minimum) 3 (minimum)

6. Height of registered establishment number 10 (minimum) 3 (minimum)

TABLE
1.	Breadth of oval mark	60	32
2.	Height of oval mark	45	22
3.	Breadth of lamb frame	40	21
4.	Height of lamb frame	15	8
5.	Height of letters	8 (minimum)	3 (minimum)
6.	Height of registered establishment number	10 (minimum)	3 (minimum)

Schedule 13 Chemical compounds to which approval under Part 23 does not apply

(order 122)

The following chemical compounds, or uses of chemical compounds, need not be approved in accordance with PART 23 provided that compound or use does not cause direct or indirect contamination of prescribed goods or in any way create a hazard to the preparation of prescribed goods.

1.	Chemical compounds used solely as ingredients in prescribed goods.
2.	Chemical compounds for use solely as denaturants.
2A.	Chemical compounds for use solely in laboratories for analytical and similar use.
3.	Chemical compounds for use solely in offices or areas in a registered establishment where prescribed goods are not prepared.
4.	Chemical compounds for use solely in cafeterias or other retail food service areas.
5.	Chemical compounds for use solely in space heating systems or cooling towers.
6.	Chemical compounds for use solely in treating materials such as skins and hides.
7.	Chemical compounds (except insecticides) for use solely in holding pens, stock trucks and the like.
8.	Chemical compounds for use solely in sewage or waste water systems outside buildings.
9.	Chemical compounds for use solely in secondary cooling loops.
10.	Chemical compounds (except insecticides) for use solely on the exterior of buildings or areas immediately adjacent to the exterior of buildings.
11.	Chemical compounds for use solely for cleaning or maintenance of vehicle exteriors.
12.	Chemical compounds for use solely in workshops for: (a) cleaning machinery; (b) removing grease and oil; or (c) lubricating equipment for use in inedible product areas.
12A.	Marking inks used for the application of information to packaging materials used as coverings of prescribed goods.
13.	Soda ash or similar chemical compounds held as a contingency specifically for use in the disinfection of premises in the event of an outbreak of an exotic disease.
13A.	Solvents used to remove substances resistant to the solvent action of acidic or alkaline cleaning agents.
13B.	Acetic Acid.
14.	Calcium carbonate.
15.	Calcium hydroxide.
16.	Calcium hypochlorite.
17.	Citric acid.
18.	Hydrochloric acid.
19.	Hydrogen peroxide.
20.	Lactic acid.
21.	Phosphoric acid.
22.	Potassium hypochlorite.
23.	Sodium bicarbonate.
24.	Sodium carbonate (soda ash).
25.	Sodium hydroxide (caustic soda).
26.	Sodium hypochlorite.
27.	Sodium metasilicate.
28.	Sodium tripolyphosphate.
29.	Sulphuric acid.
30.	Tetrasodium pyrophosphate.
31.	Trisodium phosphate.
32.	The following edible oils that are used solely for lubrication purposes: (a) arachis oil; (b) cottonseed oil; (c) maize or corn oil; (d) olive oil; (e) rapeseed oil; (f) safflower oil; (g) soyabean oil; (h) sunflower oil; only if these oils meet the relevant standards set out in the Food Standards Code of the Australia New Zealand Food Authority.

Schedule 14 Information to be included in, and format of, application for approval of a chemical compound for use in registered establishments

(paragraphs 126.1 (a) and (b))

On behalf of the company specified below, I apply for approval of the following chemical compound for use in registered establishments for the purposes stated in this application.

Company name
Company address
Name of Compound
Category of use	*

^*NOTE: Insert the appropriate category from those listed at Schedule 15.

FORMULA OF PRODUCT

Chemical Name	Colour and CI No	Perfume	Trade Name	Chemical Abstracts Service Registry No.	Percentage
					A	B(RANGE)
						MIN	MAX
Total	100

Declaration of qualified chemist

The formulation of the chemical compound described above is true and correct.

[2] If used in accordance with the directions on its label, the chemical compound:

(a) will not deleteriously affect food or food products.

[3] The formulation of the chemical compound complies with:

(a) any relevant standards set out in the Food Standards Code of the Australia New Zealand Food Authority; and

(b) the requirements of the United States Department of Agriculture’s Food Safety and Inspection Service Agriculture Handbook titled ‘Guidelines for Obtaining Authorisation of Compounds to be used in Meat and Poultry Plants’.

[4] The chemical compound is suitable for use in ^* …................................................

(insert description of food preparation areas or other areas in which the chemical compound is to be used)

^*NOTE The information on suitability for use may be omitted if it is inapplicable.

Printed name of qualified chemist

Qualifications of qualified chemist

Signature of qualified chemist

Date

Declaration by the applicant^#

The chemical compound will be manufactured, labelled and contain directions for use in accordance with the details supplied in this application.

Printed name of signatory of application

Signature of signatory of application

Position of signatory of application

Date

^#NOTE To be completed by the Managing Director or similar officer if the applicant is a corporation.

Schedule 15 Categories of use and restrictions on use of chemical compounds

(paragraph 126.1 (c))

Item	Category of Use	Description and Restrictions on Use
1.	General Cleaner Type A	General cleaning compound for use in all areas.
2.	General Cleaner Type B	Cleaning compound for use in all areas which, due to its chemical content, may only be used in soak tanks or applied by mechanical cleaning devices.
3.	General Cleaner Type C	General cleaning compound for use in areas of establishments in which there are no prescribed goods.
4.	Acid Cleaner	Acid cleaning compound for periodic use in all areas.
5.	General Scouring Cleaning	A scouring compound suitable for use in all areas.
6.	Sanitiser	General sanitising compound without detergent properties for use in all areas.
7.	Sanitiser/Detergent	General sanitising compound with detergent properties for use in all areas.
8.	Liquid Hand Soap Type A	Liquid soap for hand washing to be used from fixed dispensers sufficiently remote from prescribed goods so as not to create a hazard, for use in all areas.
9.	Liquid Hand Soap Type B	Liquid soap or cream for hand washing or hand sanitising to be used only from fixed dispensers in amenities, suspect pens or areas not containing edible prescribed goods.
10.	Lubricant Type A	A lubricant involving incidental contact with prescribed goods to be used with the minimum application necessary to accomplish the desired technical effect.
11.	Lubricant Type B	A compound for use as an application to meat hooks and equipment to clean them and to prevent rust, provided those portions of the hooks and equipment that contact edible prescribed goods are clean and free of the compound before the hooks or equipment is used again.
12.	Lubricant Type C	A lubricant involving no contact with prescribed goods to be used with the minimum application necessary to accomplish the desired technical effect.
13.	Pesticide Type A	A non-residual insecticide for use in areas that may contain prescribed goods, provided any exposed prescribed goods are removed or covered before spraying begins and the area is cleaned by thorough washing after spraying is completed.
14.	Pesticide Type B	A residual insecticide for use only in areas that do not contain prescribed goods.
15.	Pesticide Type C	A rodenticide for use strictly in accordance with labelled directions.
16.	Pesticide Type D	A miscellaneous pesticide for use strictly in accordance with labelled directions.
17.	Tripe Treatment Compound	A tripe treatment agent for use in accordance with labelled directions.
18.	Pig Scald Treatment Agent	A compound for treating pig scald water to be thoroughly rinsed from treated pigs before evisceration.
19.	Boiler Treatment Compound	A compound for minimising scale build up in systems delivering potable water, where direct or indirect contact with prescribed goods may be involved, to be used in accordance with labelled directions.
20.	Retort Water Treatment Agent	A compound for cooling and retort water treatment to be used in accordance with labelled directions.
21.	Marking Ink	Ink for marking carcases.
22.	Odour Neutralising Agent	A compound for use in areas containing inedible prescribed goods, non-processing areas or exterior areas for use in odour control, provided it is not used to mask odours resulting from insanitary conditions and any characteristic odour does not penetrate into areas containing edible prescribed goods.
23.	Water Treatment Compound	A compound for treatment of water to be used in accordance with labelled directions.
24.	Metal Cleaner and Polish	A metal cleaner for use on non-food contact surfaces.
25.	Drain Cleaner	A compound for chemical treatment of blocked drains.
26.	Miscellaneous Compound	A compound to be used in accordance with the manufacturer’s directions.

Schedule 16 Approval of chemical compound

(order 128)

COMMONWEALTH OF AUSTRALIA

EXPORT CONTROL ACT 1982

PRESCRIBED GOODS (GENERAL) ORDERS

INSTRUMENT OF APPROVAL FOR CHEMICAL COMPOUND

I, .............................................................. , delegate of the Secretary, (or the Secretary,)^* in pursuance of order 128 of the Prescribed Goods (General) Orders hereby approve for use in registered establishments the chemical compound known as

which is manufactured/distributed^* by ..................................................................................................................

subject to the conditions specified in the following Schedule.

SCHEDULE

1...... The chemical compound is approved under the category ..................................................................... for use as .

2...... The chemical compound shall be manufactured, labelled and contain directions for use in accordance with the details supplied by the applicant in the application for approval dated...... .

3. The person to whom this approval is granted shall notify the Secretary of any proposed alteration of formulation, labelling or directions for use of the chemical compound, and shall not effect any such alterations without receiving notification of approval from the Secretary.

4. This approval is not to be construed as an indication that the Secretary has tested the efficacy of the chemical compound nor as an endorsement of the chemical compound.

5. The person to whom this approval is granted may not include any reference to the approval in any form of advertising, label, certificate or document, wording or display unless this has first been approved, in writing, by the Secretary.

6. This approval may be revoked at any time:

(a) if any of the conditions made by this approval are not complied with; or

(b) if the circumstances in which this approval was made change.

7. Unless revoked, this approval will expire automatically on....................................

DATED THIS DAY OF 19 .

[signature]

Delegate or Secretary^*

NOTE Delete whichever is not applicable

Notes to the Prescribed Goods (General) Orders 1985

Note 1

The Prescribed Goods (General) Orders 1985 (in force under the Export Control (Orders) Regulations 1982) as shown in this compilation comprise Orders 1985 No. 1 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Orders

Number and year	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
No. 1 of 1985	29 Apr 1985 (see Gazette 1985, No. S137)	29 Apr 1985
No. 8 of 1985	31 July 1985 (see Gazette 1985, No. S295)	1 Aug 1985	—
No. 12 of 1985	13 Dec 1985 (see Gazette 1985, No. S529)	13 Dec 1985	—
No. 2 of 1986	18 Feb 1986 (see Gazette 1986, No. S60)	18 Feb 1986	—
No. 4 of 1986	28 Feb 1986 (see Gazette 1986, No. S83)	28 Feb 1986 (a)	—
No. 7 of 1986	29 Apr 1986 (see Gazette 1986, No. S186)	29 Apr 1986	—
No. 8 of 1986	1 Aug 1986 (see Gazette 1986, No. S383)	1 Aug 1986	—
No. 1 of 1987	27 Feb 1987 (see Gazette 1987, No. S38)	27 Feb 1987	—
No. 13 of 1987	1 Sept 1987 (see Gazette 1987, No. S223)	1 Sept 1987	[see Table A]
No. 3 of 1988	27 Apr 1988 (see Gazette 1988, No. GN14)	27 Apr 1988	—
No. 5 of 1990	10 Oct 1990 (see Gazette 1990, No. GN40)	19 Dec 1990	[see Table A]
No. 3 of 1991	28 Aug 1991 (see Gazette 1991, No. GN33)	28 Aug 1991	—
No. 3 of 1992	13 May 1992 (see Gazette 1992, No. GN19)	13 May 1992	—
No. 4 of 1992	6 May 1992 (see Gazette 1992, No. GN18)	6 May 1992	—
No. 5 of 1992	20 May 1992 (see Gazette 1992, No. GN20)	20 May 1992	—
No. 12 of 1992	13 Jan 1993 (see Gazette 1993, No. GN1)	18 Jan 1993	—
No. 5 of 1996	30 Oct 1996 (see Gazette 1996, No. GN43)	30 Oct 1996	[see Table A]
No. 10 or 1996	19 Feb 1997 (see Gazette 1997, No. GN7)	19 Feb 1997	—
No. 3 of 1997	19 Aug 1997 (see Gazette 1997, No. S329)	19 Aug 1997	—
No. 5 of 1997	29 Oct 1997 (see Gazette 1997, No. GN43)	19 Oct 1997	[see Table A]
No. 7 of 1997	12 Nov 1997 (see Gazette 1997, No. GN45)	12 Nov 1997	—
No. 1 of 1998	1 Apr 1998 (see Gazette 1998, No. GN13)	1 Apr 1998	—
No. 1 of 1999	8 Sept 1999 (see Gazette 1999, No. GN36)	8 Sept 1999	—
No. 1 of 2000	17 May 2000 (see Gazette 2000, No. GN19)	26 Oct 1999 (see s. 2)	—
No. 2 of 2000	13 Dec 2000 (see Gazette 2000, No. GN49)	13 Dec 2000	—
No. 1 of 2003	4 June 2003 (see Gazette 2003, No. GN22)	4 June 2003	—
No. 1 of 2004	25 Feb 2004 (see Gazette 2004, No. GN8)	25 Feb 2004	—
No. 2 of 2004	12 Mar 2004 (see Gazette 2004, No. S75)	12 Mar 2004	—
No. 3 of 2004	9 Sept 2004 (see Gazette 2004, No. S378)	9 Sept 2004	—

(a) The amendments to suborders 19.1 and 19.2 commenced on 9 May 1986 (see Gazette 1986, No. S207).

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part 1
O. 1.........................................	rs. No. 1. 1999
O. 5.........................................	am. No. 4, 1986; No. 1, 1987; No. 3, 1991; No. 12, 1992; No. 10, 1996; No. 1, 1999; No. 1, 2004
Part 2
O. 6.........................................	am. No. 3, 1991; No. 3, 1992; No. 10, 1996; No. 1, 1999
Heading to o. 7.....................	rs. No. 1, 1999
O. 7.........................................	am. No. 5, 1990; No. 3, 1991; No. 3, 1992; No. 10, 1996; No. 1, 1999; No. 1, 2000; No. 1, 2003
O. 8.........................................	rs. No. 3, 1992; No. 1, 1999
O. 8A.......................................	ad. No. 2, 2000
rs. No. 2, 2004
O. 9.........................................	am. No. 8, 1985; No. 1, 1999
Part 3
O. 11.......................................	am. No. 4, 1986
Part 4
O. 13.......................................	am. No. 1, 1987
O. 13A....................................	ad. No. 7, 1997
O. 14.......................................	am. No. 7, 1997
Part 5
Division I
O. 15.......................................	am. No. 1, 1987
O. 16.......................................	am. No. 1, 2004
O. 18.......................................	rep. No. 5, 1990
O. 18A....................................	ad. No. 1, 1987
O. 19.......................................	am. Nos. 8 and 12, 1985; Nos. 4 and 8, 1986
O. 19A....................................	ad. No. 3, 1997
O. 20.......................................	am. No. 1, 1987
O. 22.......................................	am. No. 8, 1986
O. 23.......................................	am. No. 12, 1985
Division II
O. 24.......................................	am. No. 8, 1985; No. 4, 1986; No. 1, 1987; No. 1, 2004
Division III
O. 27.......................................	am. No. 8, 1985; No. 4, 1986
O. 28.......................................	rs. No. 8, 1985
rep. No. 12, 1985
Division IV
Heading to Div. IV................ of Part 5	rs. No. 1, 2004
O. 29A....................................	ad. No. 1, 2004
Division VA
Heading to Div. VA............... of Part 5	ad. No. 1, 2004
O. 33.......................................	rs. No. 1, 2004
Division VI
O. 35.......................................	am. No. 8, 1985
Division IX
O. 41.......................................	rs. No. 1, 2004
O. 42.......................................	am. No. 1, 2004
O. 43.......................................	am. No. 4, 1986; No. 1, 2004
O. 43A....................................	ad. No. 1, 1987
O. 43B....................................	ad. No. 3, 2004
O. 44.......................................	am. No. 1, 1987; No. 3, 2004
Division X
O. 45.......................................	am. No. 1, 1987; No. 3, 2004
O. 46.......................................	am. No. 1, 1987; No. 3, 2004
Division XI
O. 47.......................................	am. Nos. 8 and 12, 1985; No. 8, 1986; No. 1, 1987
rs. No. 4, 1992
am. No. 3, 2004
Division XII
O. 48.......................................	am. No. 5, 1996
O. 49.......................................	am. No. 5, 1996
O. 49A....................................	ad. No. 1, 1987
O. 50.......................................	rs. No. 1, 1987
Division XIII
O. 51.......................................	am. No. 8, 1986; No. 5, 1996
O. 51A....................................	ad. No. 8, 1986
Part 5A
Part 5A...................................	ad. No. 5, 1996
O. 52A....................................	ad. No. 5, 1996
O. 52B....................................	ad. No. 5, 1996
Part 6
O. 54.......................................	am. No. 4, 1986; No. 5, 1990; No. 5, 1996
O. 55.......................................	am. No. 5, 1996
O. 56.......................................	am. No. 4, 1986; No. 5, 1996
Part 7
O. 60.......................................	am. No. 5, 1990
Part 8
O. 70.......................................	am. No. 8, 1985
O. 74.......................................	am. No. 13, 1987; No. 5, 1990
Part 9
O. 75.......................................	am. No. 13, 1987
O. 76.......................................	am. No. 13, 1987
Part 10
O. 80.......................................	am. No. 13, 1987
O. 81.......................................	am. No. 8, 1986
Part 13
O. 85.......................................	am. No. 5, 1990
O. 85A....................................	ad. No. 5, 1990
O. 85B....................................	ad. No. 5, 1990
Part 13A
Part 13A.................................	ad. No. 5, 1990
O. 86A....................................	ad. No. 5, 1990
Part 14
Division III
O. 90A....................................	ad. No. 5, 1990
Division V
O. 92A....................................	ad. No. 5, 1990
rs. No. 1, 1998
Division VI
O. 93.......................................	am. No. 5, 1990; No. 1, 1998
Division VII
O. 94.......................................	am. No. 5, 1990; No. 1, 1998
Part 15
O. 95.......................................	rs. No. 1, 1999
O. 96.......................................	rs. No. 1, 1999
Part 15A
Part 15A.................................	ad. No. 5, 1996
O. 98A....................................	ad. No. 5, 1996
O. 98B....................................	ad. No. 5, 1996
Part 18
Division I
Heading to Part 18..............	am. No. 2, 1986
O. 100A..................................	ad. No. 2, 1986
rs. No. 7, 1986
O. 100B..................................	ad. No. 7, 1986
O. 101....................................	am. No. 8, 1985; No. 4, 1986
rep. No. 3, 1988
O. 102....................................	rep. No. 3, 1988
O. 103....................................	am. No. 8, 1985; No. 4, 1986
rep. No. 3, 1988
O. 104....................................	am. No. 8, 1985; No. 4, 1986
rep. No. 3, 1988
O. 105....................................	rep. No. 3, 1988
O. 106....................................	rep. No. 3, 1988
O. 106A..................................	ad. No. 4, 1986
rep. No. 3, 1988
O. 106B..................................	ad. No. 4, 1986
rep. No. 3, 1988
O. 107....................................	rep. No. 3, 1988
O. 107A..................................	ad. No. 4, 1986
rep. No. 3, 1988
O. 108....................................	rep. No. 3, 1988
Part 19
Heading to Part 19..............	am. No. 2, 1986; No. 5, 1990
O. 109....................................	am. No. 3, 1988; No. 5, 1990
O. 111A..................................	ad. No. 2, 1986
rep. No. 7, 1986
Part 20
O. 112....................................	am. No. 2, 1986; No. 5, 1990
O. 113....................................	am. No. 8, 1985
O. 116....................................	am. No. 8, 1985
Part 22
O. 121....................................	am. No. 12, 1985
Part 23
Part 23...................................	ad. No. 5, 1992
O. 122....................................	ad. No. 5, 1992
O. 123....................................	ad. No. 5, 1992
O. 124....................................	ad. No. 5, 1992
O. 122....................................	ad. No. 5, 1992
O. 126....................................	ad. No. 5, 1992
O. 127....................................	ad. No. 5, 1992
O. 128....................................	ad. No. 5, 1992
O. 129....................................	ad. No. 5, 1992
O. 130....................................	ad. No. 5, 1992
O. 131....................................	ad. No. 5, 1992
O. 132....................................	ad. No. 5, 1992
O. 133....................................	ad. No. 5, 1992
O. 134....................................	ad. No. 5, 1992
O. 135....................................	ad. No. 5, 1992
Division I
Heading to Div. I................... of Part 23...........................	ad. No. 5, 1997
Heading to o. 122................	rs. No. 5, 1997
O. 122....................................	ad. No. 5, 1992
am. No. 5, 1997
O. 122A..................................	ad. No. 5, 1997
Division II
Heading to Div. II.................. of Part 23	ad. No. 5, 1997
O. 123....................................	ad. No. 5, 1992
O. 124....................................	ad. No. 5, 1992
rep. No. 5, 1997
O. 124A..................................	ad. No. 5, 1997
O. 125....................................	ad. No. 5, 1992
am. No. 5, 1997
O. 126....................................	ad. No. 5, 1992
am. No. 5, 1997
O. 126A..................................	ad. No. 5, 1997
O. 127....................................	ad. No. 5, 1992
O. 128....................................	ad. No. 5, 1992
am. No. 5, 1997
O. 128A..................................	ad. No. 5, 1997
O. 129....................................	ad. No. 5, 1992
am. No. 5, 1997
O. 130....................................	ad. No. 5, 1992
am. No. 5, 1997
O. 130A..................................	ad. No. 5, 1997
O. 131....................................	ad. No. 5, 1992
am. No. 5, 1997
O. 132....................................	ad. No. 5, 1992
am. No. 5, 1997
O. 133....................................	ad. No. 5, 1992
O. 134....................................	ad. No. 5, 1992
am. No. 5, 1997
O. 135....................................	ad. No. 5, 1992
am. No. 5, 1997
Division III
Div. III of Part 23...................	ad. No. 5, 1997
O. 136....................................	ad. No. 5, 1997
Schedule 1
Schedule 1............................	am. Nos. 8 and 12, 1985
Schedule 2
Schedule 2............................	am. No. 12, 1985
Schedule 4
Schedule 4............................	am. No. 5, 1990; No. 3, 1991
Schedule 5
Schedule 5............................	am. No. 3, 1991
Schedule 6
Schedule 6............................	am. No. 3, 1991
Schedule 7
Schedule 7............................	am. No. 3, 1991
Schedule 8
Schedule 8............................	am. No. 3, 1991
Schedule 9
Schedule 9............................	am. No. 5, 1990
Schedule 10
Schedule 10.........................	am. No. 3, 1991
Schedule 11
Schedule 11.........................	am. No. 3, 1991
Schedule 13
Heading to Schedule 13....	am. No. 5, 1997
Schedule 13.........................	ad. No. 5, 1992
am. No. 5, 1997
Schedule 14
Schedule 14.........................	ad. No. 5, 1992
am. No. 5, 1997
Schedule 15
Schedule 15.........................	ad. No. 5, 1992
Schedule 16
Schedule 16.........................	ad. No. 5, 1992
am. No. 5, 1997

Table A Application, saving or transitional provisions

Orders 1985 No. 1 as amended by Orders 1987 No. 13

Order 75

Note on Order 75 An Export Permit is granted by signing and dating the permit and applying an impression of the Departmental seal to the permit.

Order 76

Note on order 76 For endorsement procedures see note on order 74

Orders 1985 No. 1 as amended by Orders 1990 No. 5

Order 60

Note derivatives of the words ‘AUSTRALIA’ or ‘AUSTRALIAN’ are unacceptable.

Order 74

Note on suborders 74.2 and 74.3 an authorized officer will sign the notice of intention adjacent to the alteration and insert beneath that signature the officer’s identity card number or apply in close proximity to that signature an impression of the Departmental seal.

Orders 1985 No. 1 as amended by Orders 1996 No. 5

Order 51

Note on suborder, 51.1A Comprises in part a redraft of provision previously located at paragraph 51.1 (e).

Order 98A

Note on suborder 98A1 This provision provides for the seizure or impounding of goods, etc in the course of investigation undertaken by officers of the Commonwealth, or of a State or Territory government agency on the Commonwealth’s behalf, and for the special circumstances that may apply in dealing with goods suspected of posing a significant risk to public or animal health. The provision does not relate to other systems of tagging identification provided for in other orders, or implemented administratively, used to identify defective items etc as part of routine housekeeping measures.

Orders 1985 No. 1 as amended by Orders 1997 No. 5

Order 126

Note on order 126 Use of chemicals is subject to other Commonwealth as well as State and Territory laws; under those laws provisions apply in regard to licensing, occupational heath and safety and environmental safety.

Order 126A

Note on suborder 126A.2 Changes in directions on use or storage, removal of residues or disposal of wastes are required to be made as a ‘new’(complete) application.

Order 134

Note on order 134 PART 3A of the Export Control (Fees) Orders provides for fees in respect of the approval of chemical compounds. The fees payable are detailed by Schedule to those Orders. If for any reason a sample of the chemical compound is required to be analysed, an additional fee (to meet the cost of analysis) may apply.

Schedule 13

Note on clause A prohibition applies on the use of chemicals that are generally recognised as being hazardous to human health (such as carcinogens, mutagens or teratogens and the like).If no risk to public health, etc is created provision exists for conditional approval Order 125 applies.

Schedule 14

Note Except for chemical compounds where a range is specified, the total must be 100%.

TABLE
Column 1 Item	Column 2 Section of mark	Column 3 Normal size mark		Column 4 Small size mark
(mm)		(mm)
1.	Breadth of oval mark	50		32
2.	Height of oval mark	39		22
3.	Height of letters		6 (minimum)		3 (minimum)
4.	Height of registered establishment number		8 (minimum)		3 (minimum)