Untitled document
Export Control (Plants and Plant Products) Order 2011
made under regulation 3 of the
Export Control (Orders) Regulations 1982
Compilation No. 5
Compilation date: 25 September 2018
Includes amendments up to: F2018L01337
Registered: 8 October 2018
About this compilation
This compilation
This is a compilation of the Export Control (Plants and Plant Products) Order 2011 that shows the text of the law as amended and in force on 25 September 2018 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary 1
1............ Name of Order.............................................................................................................. 1
3............ Declaration of prescribed goods (section 3 of the Act).................................................. 1
4............ Order to be read with Prescribed Goods (General) Order............................................. 1
5............ Interpretation................................................................................................................. 1
6............ Meaning of prescribed grain........................................................................................ 5
7............ Secretary may determine required tests and certificates................................................. 5
Part 2—Conditions on export of prescribed goods 6
8............ No export unless this Order complied with................................................................... 6
9............ Basic conditions for export of prescribed goods........................................................... 6
Part 2A—Accredited properties 8
Division 1—Application for accreditation 8
9A......... Application for accreditation of property....................................................................... 8
9B......... Secretary must decide whether to accredit property....................................................... 8
9C......... Conditions of accreditation............................................................................................ 9
9D......... Notice of decision.......................................................................................................... 9
9E.......... Period of effect of accreditation................................................................................... 10
Division 2—Renewal of accreditation 11
9F.......... Application to renew accreditation of property............................................................ 11
9G......... Secretary must decide whether to renew accreditation................................................. 11
9H......... Conditions of renewed accreditation............................................................................ 12
9J.......... Notice of decision........................................................................................................ 12
Division 3—Variation of accreditation 14
Subdivision A—Application by manager 14
9K......... Application by manager for variation of accreditation or approval of alteration of property 14
9L.......... Notice of decision........................................................................................................ 15
9M........ Certain variations must not be made unless approved................................................. 15
Subdivision B—Variation by Secretary 16
9N......... Secretary may make variations in relation to accreditation........................................... 16
9P.......... Notice of variation....................................................................................................... 17
Division 4—Suspension of accreditation 18
Subdivision A—Suspension requested by manager 18
9R......... Manager may request suspension................................................................................ 18
9S.......... Request to revoke suspension..................................................................................... 18
Subdivision B—Suspension by Secretary 19
9T.......... Grounds for suspension—general............................................................................... 19
9TA....... Grounds for suspension—overdue relevant Commonwealth liability......................... 20
9TB....... Other grounds for suspension..................................................................................... 21
9U......... Notice of suspension................................................................................................... 21
9UA...... Period of suspension................................................................................................... 21
9UB...... Revocation of suspension............................................................................................ 22
Subdivision C—Other provisions 22
9V......... Effect of suspension.................................................................................................... 22
9W........ Suspended operations must not be carried out during suspension period.................... 22
Division 5—Revocation of accreditation 23
Subdivision A—Revocation requested by manager 23
9X......... Manager may request revocation................................................................................. 23
Subdivision B—Revocation by Secretary 23
9Y......... Grounds for revocation—general................................................................................ 23
9YA...... Grounds for revocation—overdue relevant Commonwealth liability........................... 24
9YB...... Other grounds for revocation...................................................................................... 25
9Z.......... Notice of revocation.................................................................................................... 25
Subdivision C—Other provisions 26
9ZA....... Secretary may require action to be taken after accreditation revoked........................... 26
Division 6—Obligations of managers of accredited properties 27
9ZB....... Conditions of accreditation must not be contravened................................................... 27
9ZC....... Additional or corrected information in relation to application for accreditation etc...... 27
9ZD....... Notice of event or change in circumstances................................................................. 27
9ZE....... Notice of person ceasing to be manager of accredited property................................... 28
Division 7—Applications for accreditation etc. 29
9ZF....... Applications to which this Division applies................................................................ 29
9ZG....... Requirements for applications..................................................................................... 29
9ZH....... Additional or corrected information............................................................................. 29
9ZJ........ Dealing with applications............................................................................................ 30
Part 3—Registered establishments 31
Division 1—General 31
10.......... Requirements for registered establishments................................................................. 31
11.......... Preparation and inspection must take place in registered establishment....................... 31
12.......... Transport of prescribed goods..................................................................................... 31
13.......... Records of dates of packaging..................................................................................... 31
Division 2—Small horticultural products registered establishments 32
13A....... Secretary may determine that a registered establishment is a small horticultural products registered establishment for a financial year............................................................................................................... 32
Part 4—Notice of intention to export 35
14.......... Notice of intention to export prescribed goods............................................................ 35
15.......... Exporter to be responsible for goods........................................................................... 35
16.......... Certificates of analysis................................................................................................. 35
Part 5—Inspection for export compliance 36
17.......... Inspection for export compliance................................................................................. 36
18.......... Duration of export compliance.................................................................................... 36
19.......... Goods to be re‑inspected............................................................................................. 37
20.......... Resubmission of goods............................................................................................... 37
21.......... Segregation of goods................................................................................................... 37
Part 6—Packaging and trade descriptions 38
22.......... Packaging and other materials to be clean.................................................................... 38
23.......... Characteristics of packaging and other materials......................................................... 38
24.......... Trade description to contain certain information.......................................................... 38
Part 7—Exporting in packages 39
25.......... When goods may be packaged for export.................................................................... 39
Part 8—Exporting in containers 40
26.......... Container approvals..................................................................................................... 40
27.......... Issue of container approval.......................................................................................... 40
28.......... Period of container approval........................................................................................ 40
29.......... Cancellation of container approval............................................................................... 41
30.......... Surrender of container approval.................................................................................. 41
31.......... Sealing and identification of empty containers............................................................. 41
Part 9—Exporting in bulk vessels 42
Division 1—Surveys of bulk vessels 42
32.......... Arrangements for bulk vessel to be surveyed before loading...................................... 42
33.......... Obligations of marine surveyor................................................................................... 42
34.......... Acceptance of marine surveyor’s certificate................................................................ 42
Division 2—Vessel approvals 43
35.......... When bulk vessel may be loaded................................................................................. 43
36.......... Application for vessel approval................................................................................... 43
37.......... Vessel approval........................................................................................................... 43
38.......... Period of vessel approval............................................................................................ 43
39.......... Suspension of vessel approval.................................................................................... 44
40.......... Revocation of suspension of vessel approval.............................................................. 44
40A....... Cancellation of vessel approval................................................................................... 44
Part 10—Export permit 46
41.......... Export permit............................................................................................................... 46
Part 11—Phytosanitary and other Certification 47
42.......... Certificate as to condition in respect of prescribed goods............................................ 47
43.......... Certificates and other information................................................................................ 47
44.......... Offence of issuing false certificate............................................................................... 47
Part 12—Miscellaneous 48
45.......... Secretary may require audits........................................................................................ 48
45A....... Powers of auditors...................................................................................................... 48
46.......... Assistance to be provided............................................................................................ 49
47.......... Electronic communications.......................................................................................... 49
48.......... Alteration of notice after certification........................................................................... 49
Part 13—Transitional 50
Division 2—Transitional provisions relating to the Export Control (Plants and Plant Products) Order 2011 50
50.......... Transitional.................................................................................................................. 50
Division 3—Transitional provisions relating to the Export Control (Plants and Plant Products) Amendment (Accredited Properties) Order 2018 51
50A....... Definitions for this Division........................................................................................ 51
51.......... Meaning of export listed property............................................................................... 51
52.......... Properties that were export listed properties immediately before commencement day. 51
53.......... Applications for listing made before commencement day............................................ 51
54.......... Applications to renew listing made before commencement day................................... 52
55.......... Applications to vary listing made before commencement day..................................... 52
56.......... Requests to suspend listing made before commencement day..................................... 53
57.......... Requests to revoke listing made before commencement day....................................... 53
58.......... Penal provisions.......................................................................................................... 53
59.......... Prescribed goods produced or prepared before commencement day and exported on or after that day 54
Schedule 1—Marine surveyors’ qualifications 55
1............ Marine surveyors’ qualifications................................................................................. 55
Schedule 2—Inspection of prescribed goods 56
Part 1—Preliminary 56
1............ Interpretation............................................................................................................... 56
2............ Tolerances for pests and contaminants........................................................................ 56
3............ Sampling rate............................................................................................................... 56
Part 2—Prescribed goods in bulk 57
4............ Treatment of rejected goods......................................................................................... 57
5............ Site of inspection......................................................................................................... 57
6............ Sampling rate............................................................................................................... 57
7............ Undue delay after detecting insects.............................................................................. 57
8............ Re‑presentation of goods............................................................................................. 57
9............ Screening of goods...................................................................................................... 57
10.......... Blending of goods....................................................................................................... 58
Part 3—Prescribed goods inspected for phytosanitary certification 59
11.......... Inspection.................................................................................................................... 59
12.......... Re‑inspection of consignments where shipment delayed............................................. 59
Part 4—Treatment of rejected prescribed goods 60
13.......... Insect infestation.......................................................................................................... 60
14.......... Use of insecticides, fumigants and other products....................................................... 60
15.......... Contaminants............................................................................................................... 60
Schedule 3—Requirements for registered establishments 61
1............ Application for registration.......................................................................................... 61
2............ Requirements for plans and specifications................................................................... 61
3............ Alterations, extensions and rearrangements to establishments..................................... 61
4............ Records to be maintained............................................................................................. 61
5............ Structural requirements for establishments preparing prescribed goods...................... 61
6............ Operational and hygiene requirements for establishments preparing prescribed goods 62
Schedule 4—Container inspection for issue of container approval 63
1............ Empty container inspection.......................................................................................... 63
2............ Place of inspection....................................................................................................... 63
3............ Assistance to be given to authorised officers............................................................... 63
4............ Inspection procedures for empty containers................................................................ 63
5............ Live insects, being Trogoderma spp., found in a container......................................... 63
6............ Treatment of empty containers..................................................................................... 63
Schedule 5—Bulk vessel inspection for issue of vessel approval 65
1............ Parts of a bulk vessel which must be inspected........................................................... 65
2............ What an authorised officer must inspect for................................................................ 65
3............ Inspections away from a wharf................................................................................... 65
4............ Inspection procedure................................................................................................... 65
5............ On entering a hold....................................................................................................... 66
6............ Bulk vessels’ stores and general galley areas.............................................................. 66
7............ Treatments................................................................................................................... 66
8............ Reporting of conditions of the bulk vessel.................................................................. 66
9............ Issuing the vessel approval.......................................................................................... 67
10.......... Live insects, being Trogoderma spp., found in a bulk vessel..................................... 67
Schedule 6—Requirements relating to issuing of phytosanitary certificate 68
1............ Inspection.................................................................................................................... 68
2............ Certification................................................................................................................. 68
3............ Responsibility of exporter........................................................................................... 68
4............ Conditions of issuance................................................................................................ 68
5............ Forms of certificates.................................................................................................... 68
6............ Importing country requirements.................................................................................. 69
7............ Name of authorised officer.......................................................................................... 69
8............ Disinfestation or disinfection treatment....................................................................... 69
9............ Additional declarations................................................................................................ 69
10.......... Signature..................................................................................................................... 69
11.......... Other endorsements..................................................................................................... 70
12.......... Description of the consignment................................................................................... 70
13.......... Name of goods............................................................................................................ 70
14.......... Consignee’s name and address.................................................................................... 70
15.......... Point of entry............................................................................................................... 71
16.......... Quality statements....................................................................................................... 71
17.......... Number of copies to be issued.................................................................................... 71
18.......... Copy required by the Secretary................................................................................... 71
19.......... Re‑exports from Australia........................................................................................... 71
20.......... Re‑inspection of delayed consignments....................................................................... 72
Endnotes73
Endnote 1—About the endnotes 73
Endnote 2—Abbreviation key 74
Endnote 3—Legislation history 75
Endnote 4—Amendment history 76
Endnote 5—Editorial changes 80
Part 1—Preliminary
1 Name of Order
This Order is the Export Control (Plants and Plant Products) Order 2011.
Declaration of prescribed goods (section 3 of the Act)
The following are declared to be prescribed goods for the definition of prescribed goods in section 3 of the Act:
(a) prescribed grain;
(b) hay and straw;
(c) fresh fruit;
(d) fresh vegetables;
(e) plants or plant products for which a phytosanitary certificate or any other official certificate is required by an importing country authority.
4 Order to be read with Prescribed Goods (General) Order
This Order is read as one with the General Order.
Note: The General Order provides for matters including:
· certain general exemptions (Part 2);
· specific exemptions granted by the Secretary (Part 3);
· registration of registered establishments (Part 4);
· electronic transmission of documents (Part 5);
· export permits (Part 6);
· certificates (Part 8);
· official marks (Part 13);
· sampling and analysis (Part 14).
5 Interpretation
5.1 In this Order, unless the contrary intention appears:
accredited property means a property that is accredited under Part 2A.
Act means the Export Control Act 1982.
apple has the same meaning as in Part 3 of Schedule 22 to the Primary Industries Levies and Charges Collection Regulations 1991.
approved means approved by the Secretary by instrument in writing.
Note: This can include writing in electronic form. An approved form is a document in either paper or electronic format approved by the Secretary.
authorised officer, in a provision of this Order, means a person who has been appointed under section 20 of the Act as an authorised officer for that provision in the relevant circumstances.
avocado has the same meaning as in Part 4 of Schedule 22 to the Primary Industries Levies and Charges Collection Regulations 1991.
bulk vessel means a ship in which it is intended to transport prescribed goods in bulk.
cherry has the same meaning as in Part 5 of Schedule 22 to the Primary Industries Levies and Charges Collection Regulations 1991.
citrus has the same meaning as in Part 7 of Schedule 22 to the Primary Industries Levies and Charges Collection Regulations 1991.
consignment means a quantity of prescribed goods assembled at the same place and intended for export at the same time to the same country.
container means a container for prescribed goods that:
(a) is designed for use as a unit of cargo handling equipment in the transport of the goods by aircraft or ship, including a shipping container; and
(b) effectively protects the goods from relevant pests and contamination; and
(c) is intended to be used for goods that require the protection offered by the containers because they are not in smaller quantities in protective packaging.
contaminant means any foreign matter, whether organic or inorganic, that is included in, on, or with prescribed goods, and includes soil, leaves, or stems.
cost‑recovery charge means:
(a) a fee provided by the Export Control (Fees) Order 2015; or
(b) a charge imposed by:
(i) the Export Charges (Imposition—Customs) Act 2015; or
(ii) the Export Charges (Imposition—Excise) Act 2015; or
(iii) the Export Charges (Imposition—General) Act 2015; or
(c) a late payment fee relating to a fee described in paragraph (a) or a charge described in paragraph (b).
cut flowers includes processed cut flowers.
disease means any abnormal condition of, or in, prescribed goods arising from, caused by, or due to the presence, operation, development or growth of any insect, fungus, bacterium, phytoplasma, parvo‑virus, virus or other parasite.
export compliant—see section 17.
fresh, in relation to fruits or vegetables, means fruits or vegetables that have not been canned, frozen, dried, or processed in any other manner that changes their basic characteristics.
fresh vegetables includes herbs, mushrooms, cured onions, and sprouts.
fumigation means treatment with poisonous gas (not including the use of contact insecticides propelled by carbon dioxide), smoke generators, fogging or spraying.
General Order means the Export Control (Prescribed Goods—General) Order 2005.
hay and straw means a pasture or cereal plant, (whether whole or after harvesting seed) that is cut and dried.
horticultural products has the same meaning as in the Export Charges (Imposition—Customs) Regulation 2015.
importing country authority for a consignment of goods, means the authority which is responsible for regulating the import of goods into the country to which they are being exported.
importing country requirement, in relation to prescribed goods that are to be imported into a country from Australia, means a requirement of that country that must be met before the goods may be imported into that country from Australia.
IPPC means the International Plant Protection Convention of the Food and Agriculture Organization of the United Nations.
kiwi fruit means a fruit of the species Actinidia deliciosa.
manager of a property means the person who is responsible for the day‑to‑day management of the property.
marine surveyor means a surveyor who is qualified in accordance with Schedule 1.
master, in relation to a bulk vessel, means the person who has command of, or is in charge of, the vessel.
melon has the same meaning as in Part 31 of Schedule 22 to the Primary Industries Levies and Charges Collection Regulations 1991.
occupier:
(a) in relation to a registered establishment, means the person in whose name an establishment used to prepare prescribed goods for export is registered; and
(b) in relation to an unregistered establishment, means the person in charge of operations at the establishment.
package means the principal covering in which prescribed goods are packed.
passed as export compliant—see section 17.
pear has the same meaning as in Part 3 of Schedule 22 to the Primary Industries Levies and Charges Collection Regulations 1991.
pest means a live or viable species, strain, or biotype of plant or animal life, or a pathogenic agent, that is injurious or potentially injurious to plants or plant products.
phytosanitary certificate means a certificate issued in accordance with Article V of the IPPC or at the request of an importing country authority.
prescribed goods means the goods declared to be prescribed goods by section 3.
prescribed goods for consumption means prescribed goods that may be consumed by humans or livestock with or without further processing.
prescribed grain—see section 6.
property has the same meaning as premises.
Note: For premises, see section 3 of the Act.
re‑export phytosanitary certificate means a certificate issued in accordance with Article V of the IPPC or at the request of an importing country authority for the purpose of re‑export.
registered establishment means premises registered under the General Order for the preparation of prescribed goods within the meaning of this Order.
relevant Commonwealth liability means a cost‑recovery charge that is due and payable.
stone fruit has the same meaning as in Part 15 of Schedule 22 to the Primary Industries Levies and Charges Collection Regulations 1991.
strawberry has the same meaning as in Part 16 of Schedule 22 to the Primary Industries Levies and Charges Collection Regulations 1991.
table grapes has the same meaning as in Part 20 of Schedule 22 to the Primary Industries Levies and Charges Collection Regulations 1991.
treatment means any treatment that is useful or necessary for the control or eradication of pests, including:
(a) any dismantling, repairing, cleaning or deodorising; or
(b) the application of any substance; or
(c) fumigation; or
(d) the controlling of atmosphere or temperature; or
(e) repacking.
5.2 If in this Order the words ‘Penal provision’ are set out at the foot of a provision of a section, the provision is taken to provide that it is a penal provision for the purposes of subregulation 4(1) of the Export Control (Orders) Regulations 1982 and, if that provision specifies that it is a penal provision of a particular level, the applicable penalty is that specified in that subregulation.
Note: The offence created by such a penal provision is one of strict liability. See subregulation 4(2) of the Export Control (Orders) Regulations 1982. For strict liability, see section 6.1 of the Criminal Code Act 1995.
6 Meaning of prescribed grain
6.1 For this Order, the following are prescribed grain:
(a) barley—whole grain of Hordeum vulgare (whether 2‑row or 6‑row), but not including hulled, milled or malted grain of that kind;
(b) canola—whole seed of Brassica napus var; napus cv; ‘Canola’;
(c) chickpeas—seed (whole or split) of Cicer arietinum;
(d) dried field peas—dried seeds of the species Pisum sativum that are angular or spherical in shape, and not of the varieties known as processing peas, vegetable peas, garden peas or peas in pod;
(e) faba beans—seed (whole or split) of Vicia faba;
(f) lentils—seed (whole or split) of Lens culinaris;
(g)lupins—seed (whole or split) of Lupinus angustifolius or Lupinus albus;
(h) mung beans—whole seeds of the species Vigna radiata or Vigna mungo, including varieties, and synonyms;
(i) oats—grain (whole or clipped) of Avena sativa or Avena strigosa, but not including rolled, crushed, milled, hulled or kiln‑dried grain of that kind;
(j) sorghum—whole unmilled seed of Sorghum bicolor;
(k) soybeans—whole unmilled seed of Glycine max;
(l)split vetch—split seed of Vicia sativa;
(m)wheat—whole unmilled grain of Triticum aestivum or Triticum durum or Triticum tauschii;
(n) whole vetch—seed (whole or broken) of Vicia sativa, but not including split seed of Vicia sativa.
Note: For paragraphs (l) and (n), split vetch seeds are a particular form of vetch seeds and are not the same as whole vetch seeds that have been broken (for example, in the course of harvesting or transport).
6.2 A reference to a species of plant in a paragraph of subsection 6.1 includes every cultivated subspecies, variety and cultivar of the species and every cross of which a plant of the species is a parent, unless the paragraph limits the reference to a particular subspecies, cultivar or cross.
7 Secretary may determine required tests and certificates
The Secretary may determine that specified tests or certificates are required for:
(a) specified prescribed goods; or
(b) specified prescribed goods for export to specified countries.
Part 2—Conditions on export of prescribed goods
8 No export unless this Order complied with
8.1 The export of prescribed goods (other than split vetch) is prohibited unless the conditions or restrictions specified in this Order are complied with.
8.2 The export of split vetch is prohibited absolutely.
Note:Subsection 8(1) of the Export Control Act 1982 makes it an offence for a person to export prescribed goods the export of which is prohibited, and subsection 8(3) makes it an offence for a person to export prescribed goods in contravention of the applicable conditions or restrictions (see sections 17 and 18 of the Act).
9 Basic conditions for export of prescribed goods
9.1 A consignment of prescribed goods must not be exported unless the conditions set out in the following subsections are met.
Accredited property
9.1A If the Secretary requires the goods to be produced or prepared at an accredited property for the purpose of meeting importing country requirements relating to the goods:
(a) the goods must have been produced or prepared at an accredited property; and
(b) the accreditation of the property must have covered the production or preparation of the goods for export to the relevant importing country; and
(c) at the time of the inspection of the goods for export compliance under Part 5, the accreditation of the property in relation to the production or preparation of the goods for export to the relevant importing country must not have been suspended or revoked.
Registered establishment
9.2 The goods must have been prepared in a registered establishment in accordance with Part 3.
Inspection of goods
9.3 The goods must have been passed as export compliant in accordance with Part 5.
9.4 If a trade description is attached to the goods—the description must comply with Part 6.
Packages, containers and vessels
9.5 Any packaging or other material with the goods must comply with Part 6.
9.6 If the goods are to be exported in packages—the packages must comply with Part 7.
9.7 If the goods are to be exported in a container—an authorised officer must have inspected the container and issued a container approval in accordance with Part 8.
9.8 If the goods are to be exported in bulk in a bulk vessel:
(a) a marine surveyor must have inspected the vessel and issued a certificate in relation to the part where the goods will be stowed in accordance with Division 1 of Part 9; and
(b) an authorised officer must have inspected the vessel and issued a vessel approval in accordance with Division 2 of Part 9.
Notices, export permits and phytosanitary certificates
9.9 A notice of intention to export must have been lodged for the consignment in accordance with Part 4.
9.10 An authorised officer must have issued an export permit for the consignment in accordance with Part 10.
9.11 If a phytosanitary or other certificate is required for the goods—an authorised officer must have issued the certificate in accordance with Part 11.
Part 2A—Accredited properties
Division 1—Application for accreditation
9A Application for accreditation of property
9A.1 The manager of a property may apply to the Secretary to accredit the property for a kind of operations (including production and preparation) in relation to a kind of prescribed goods.
Note: An application may relate to a part of a property (see the definition of property in subsection 5.1 of this Order and paragraph (c) of the definition of premises in section 3 of the Act).
9A.2 An application:
(a) may relate to more than one kind of operations and more than one kind of prescribed goods; and
(b) may, but is not required to, specify one or more places to which the prescribed goods are to be exported.
Note 1: The export of particular kinds of prescribed goods may be prohibited unless the goods have been produced or prepared at an accredited property (see subsections 9.1 and 9.1A).
Note 2: Division 7 sets out requirements for applications.
9B Secretary must decide whether to accredit property
9B.1 On receiving an application under section 9A to accredit a property, the Secretary must, unless the application has been withdrawn, decide either:
(a) to accredit the property; or
(b) to refuse to accredit the property.
Note 1: See section 9ZJ for matters relating to dealing with applications.
Note 2: If the application is to accredit the property for more than one kind of operations in relation to more than one kind of prescribed goods for export to more than one place, the Secretary may decide to accredit the property for some or all of those kinds of operations in relation to some or all of those kinds of prescribed goods for export to some or all of those places.
Note 3: A decision to refuse to accredit a property for a kind of operations in relation to a kind of prescribed goods is a reviewable decision (see Part 16 of the General Order).
9B.2 The Secretary may accredit the property for a kind of operations in relation to a kind of prescribed goods and, if applicable, a specified place to which the prescribed goods may be exported if the Secretary is satisfied, having regard to any matter that the Secretary considers relevant, that:
(a) prescribed goods produced or prepared at the property will meet relevant importing country requirements; and
(b) the conditions of the accreditation will be complied with; and
(c) either:
(i) all cost‑recovery charges of the manager of the property, or relating to the property, have been paid; or
(ii) if any cost‑recovery charges of the manager of the property, or relating to the property, have not been paid—the non‑payment is due to exceptional circumstances.
9B.3 If the Secretary accredits the property, the Secretary may, if the Secretary considers it appropriate, set an expiry date for the accreditation.
Note: If an expiry date for the accreditation is not set under this subsection, the accreditation remains in force unless it is revoked (see subsection 9E.1).
9C Conditions of accreditation
9C.1 It is a condition of a property’s accreditation for a kind of operations in relation to a kind of prescribed goods that relevant importing country requirements in relation to the operations and the goods are met.
9C.2 The accreditation of a property is also subject to any additional conditions that the Secretary considers appropriate and that are specified in the notice given to the applicant under subsection 9D.1.
Note 1: The accreditation of a property may be suspended or revoked if a condition of the accreditation is contravened (see sections 9T and 9Y).
Note 2: The manager of an accredited property may commit an offence if a condition of the accreditation is contravened (see section 9ZB).
Note 3: Division 6 sets out additional obligations of the manager of an accredited property.
9D Notice of decision
9D.1 If the Secretary accredits a property, the Secretary must give the applicant a written notice stating the following information:
(a) the accreditation number allocated to the property;
(b) each kind of operations and each kind of prescribed goods covered by the accreditation;
(c) if applicable, each place to which a kind of prescribed goods covered by the accreditation may be exported;
(d) the date when the accreditation takes effect;
(e) that the accreditation remains in force indefinitely or the expiry date for the accreditation;
(f) any additional conditions of the accreditation.
9D.2 If the Secretary decides not to accredit a property for a kind of operations in relation to a kind of prescribed goods, the Secretary must give the applicant written notice of the decision. The notice must include:
(a) the reasons for the decision; and
(b) a statement that the applicant may apply for reconsideration and review of the decision under Part 16 of the General Order.
9D.3 A failure to give notice of a decision as required by subsection 9D.2 does not affect the validity of the decision.
9E Period of effect of accreditation
9E.1 If there is no expiry date for the accreditation of a property, the accreditation remains in force unless it is revoked under Division 5.
9E.2 If there is an expiry date for the accreditation of a property (including an accreditation that has been renewed under Division 2), the accreditation remains in force until that expiry date unless:
(a) the accreditation is renewed under Division 2 on or before that date; or
(b) the accreditation is revoked under Division 5 before that date.
Division 2—Renewal of accreditation
9F Application to renew accreditation of property
9F.1 This section applies in relation to an accredited property (including a property in relation to which a suspension is in effect under Division 4) if there is an expiry date for the accreditation.
9F.2 The manager of the property may apply to the Secretary to renew the accreditation of the property.
Note: Division 7 sets out requirements for applications.
9F.3 An application for renewal:
(a) may relate to more than one kind of operations and more than one kind of prescribed goods; and
(b) may, but is not required to, specify one or more places to which the prescribed goods are to be exported.
9F.4 An application for renewal of the accreditation of a property must be made:
(a) at least 28 days before the expiry date for the accreditation; or
(b) if the Secretary allows a longer period—within that longer period.
9F.5 If an application for renewal of the accreditation of a property is made after the period applying under subsection 9F.4:
(a) the application is taken to be an application to accredit the property; and
(b) Division 1 applies in relation to the application; and
(c) the other provisions of this Division do not apply in relation to the application.
9G Secretary must decide whether to renew accreditation
9G.1 On receiving an application under section 9F to renew the accreditation of a property, the Secretary must decide either:
(a) to renew the accreditation; or
(b) to refuse to renew the accreditation.
Note 1: See section 9ZJ for matters relating to dealing with applications.
Note 2: If the application is to renew the accreditation of the property for more than one kind of operations in relation to more than one kind of prescribed goods for export to more than one place, the Secretary may decide to renew the accreditation for some or all of those kinds of operations in relation to some or all of those kinds of prescribed goods for export to some or all of those places.
Note 3: A decision to refuse to renew the accreditation of a property for a kind of operations in relation to a kind of prescribed goods is a reviewable decision (see Part 16 of the General Order).
9G.2 The Secretary may refuse to renew the accreditation of the property for a kind of operations in relation to a kind of prescribed goods and, if applicable, a specified place to which the prescribed goods may be exported if the Secretary is not satisfied, having regard to any matter that the Secretary considers relevant, of one or more of the following:
(a) prescribed goods produced or prepared at the property will meet relevant importing country requirements;
(b) the conditions of the accreditation have been, and are being, complied with;
(c) the manager of the property has complied with:
(i) the requirements of the Act and this Order; and
(ii) the requirements of any other instrument in force under the Act that applies in relation to the accreditation and the operations and prescribed goods covered by the accreditation;
(d) either:
(i) all cost‑recovery charges of the manager of the property, or relating to the property, have been paid; or
(ii) if any cost‑recovery charges of the manager of the property, or relating to the property, have not been paid—the non‑payment is due to exceptional circumstances.
9G.3 If the Secretary renews the accreditation of the property, the Secretary may, if the Secretary considers it appropriate, set an expiry date for the accreditation.
Note: If an expiry date for the accreditation is not set under this subsection, the accreditation remains in force unless it is revoked (see subsection 9E.1).
9H Conditions of renewed accreditation
If the Secretary renews the accreditation of a property, the accreditation is subject to:
(a) the condition referred to in subsection 9C(1); and
(b) any additional conditions that the Secretary considers appropriate and that are specified in the notice given to the applicant under subsection 9J.1.
Note 1: The accreditation of a property may be suspended or revoked if a condition of the accreditation is contravened (see sections 9T and 9Y).
Note 2: The manager of an accredited property may commit an offence if a condition of the accreditation is contravened (see section 9ZB).
Note 3: Division 6 sets out additional obligations of the manager of an accredited property.
9J Notice of decision
9J.1 If the accreditation of a property is renewed, the Secretary must give the applicant a written notice stating the information referred to in subsection 9D.1.
9J.2 If the Secretary decides not to renew the accreditation of a property for a kind of operations in relation to a kind of prescribed goods, the Secretary must give the applicant written notice of the decision. The notice must include:
(a) the reasons for the decision; and
(b) a statement that the applicant may apply for reconsideration and review of the decision under Part 16 of the General Order.
9J.3 A failure to give notice of a decision as required by subsection 9J.2 does not affect the validity of the decision.
Division 3—Variation of accreditation
Subdivision A—Application by manager
9K Application by manager for variation of accreditation or approval of alteration of property
9K.1 The manager of an accredited property may apply to the Secretary:
(a) to vary the accreditation in relation to any of the following matters (including by adding or removing any of those matters):
(i) kinds of operations;
(ii) kinds of prescribed goods;
(iii) if applicable, places to which prescribed goods are to be exported; or
(b) to approve a variation of the accreditation so that it covers an alteration (other than a minor alteration) of the property; or
(c) to vary the conditions of the accreditation; or
(d) to vary the particulars relating to the accreditation to make a minor change to a matter (including to correct a minor or technical error).
Note: Division 7 sets out requirements for applications. A single application may be made to make or approve a variation in relation to the accreditation of a property and to renew the accreditation of the property.
9K.2 For the purposes of paragraph 9K.1(b), a minor alteration of an accredited property is an alteration that does not or is not likely:
(a) to make the property unhygienic; or
(b) to result in a contravention of a condition of the accreditation of the property.
9K.3 An application under subsection 9K.1 to make or approve a variation in relation to the accreditation of a property must be made at least 28 days before the variation is intended to take effect.
9K.4 If the Secretary receives an application under subsection 9K.1 to make a variation or give an approval, the Secretary must decide:
(a) to make the variation or give the approval; or
(b) to refuse to make the variation or give the approval.
Note 1: See section 9ZJ for matters relating to dealing with applications.
Note 2: A decision to refuse the application is a reviewable decision (see Part 16 of the General Order).
9K.5 The Secretary may make the variation, or give the approval, if the Secretary is satisfied, having regard to any matter that the Secretary considers relevant, that:
(a) prescribed goods produced or prepared at the property will meet relevant importing country requirements; and
(b) the conditions of the accreditation have not been, and are not being, contravened; and
(c) the manager of the property has not contravened:
(i) the requirements of the Act and this Order; or
(ii) the requirements of any other instrument in force under the Act that applies in relation to the accreditation and the operations and prescribed goods covered by the accreditation.
Note: The manager of an accredited property may commit an offence if:
(a) an alteration (other than a minor alteration) of the property is made; and
(b) the alteration has not been approved, or the manager has not been given notice of the approval (see section 9M).
9L Notice of decision
9L.1 If the Secretary makes a variation or gives an approval in relation to the accreditation of a property under paragraph 9K.4(a), the Secretary must give the manager of the property written notice of the variation or approval.
9L.2 The notice must state the following:
(a) details of the variation or approval;
(b) if the variation is of the conditions of the accreditation—the varied conditions;
(c) the date the variation or approval takes effect.
Note: The accreditation, as varied, remains in force as provided by section 9E.
9L.3 If the Secretary decides to refuse an application under paragraph 9K.4(b), the Secretary must give the applicant written notice of the decision. The notice must include:
(a) the reasons for the decision; and
(b) a statement that the applicant may apply for reconsideration and review of the decision under Part 16 of the General Order.
9L.4 A failure to give notice of a decision as required by subsection 9L.3 does not affect the validity of the decision.
9M Certain variations must not be made unless approved
9M.1 The manager of an accredited property contravenes this subsection if:
(a) the property is altered; and
(b) the alteration is not a minor alteration within the meaning of subsection 9K.2; and
(c) either:
(i) the alteration was not approved under paragraph 9K.4(a); or
(ii) the alteration was approved under paragraph 9K.4(a) but the Secretary has not given the manager notice of the approval under subsection 9L.1.
Note: The Secretary may suspend or revoke the accreditation of the property if the manager contravenes this subsection (see paragraphs 9T.1(g) and 9Y.1(g)).
9M.2 The manager of an accredited property must not contravene subsection 9M.1.
Level 5 penal provision
Subdivision B—Variation by Secretary
9N Secretary may make variations in relation to accreditation
9N.1 The Secretary may do any of the following in relation to the accreditation of a property:
(a) vary any aspect of the accreditation, including so that it does not cover:
(i) a kind of operations; or
(ii) a kind of prescribed goods; or
(iii) if applicable, a place to which prescribed goods may be exported;
(b) vary the conditions of the accreditation (including by imposing new conditions);
(c) if there is no expiry date for the accreditation—set an expiry date;
(d) if there is an expiry date for the accreditation:
(i) vary the expiry date; or
(ii) vary the accreditation so that it remains in force indefinitely.
Note: Certain decisions under this subsection are reviewable decisions (see subsection 9N.6 of this section and Part 16 of the General Order).
9N.2 The Secretary may make a variation in relation to the accreditation of a property under paragraph 9N.1(a), (b) or (c), or set an earlier expiry date for the accreditation under subparagraph 9N.1(d)(i), only if the Secretary reasonably believes that:
(a) prescribed goods produced or prepared at the property are not meeting, or will not meet, relevant importing country requirements; or
(b) a condition of the accreditation has been, or is being, contravened; or
(c) the manager of the property has contravened:
(i) the requirements of the Act or this Order; or
(ii) the requirements of any other instrument in force under the Act that applies in relation to the accreditation and the operations and prescribed goods covered by the accreditation; or
(d) a different person has become, or is to become, the manager of the property; or
(e) it is necessary to do so:
(i) to take account of an event or circumstance notified under section 9ZD or 9ZE; or
(ii) to correct a minor or technical error.
9N.3 The Secretary must not make a variation in relation to the accreditation of a property under paragraph 9N.1(a), (b) or (c), or set an earlier expiry date for the accreditation under subparagraph 9N.1(d)(i), unless the Secretary has given a written notice to the manager of the property in accordance with subsection 9N.5.
9N.4 However, a notice is not required to be given under subsection 9N.3 if the Secretary reasonably believes that the grounds for making the proposed variation are serious and urgent.
Note: If the grounds for making a variation of the accreditation of a property are serious and urgent, the Secretary must give the manager of the property notice of the variation under subsection 9P.1.
9N.5 A notice under subsection 9N.3 must:
(a) specify each proposed variation; and
(b) specify the grounds for each proposed variation; and
(c) request the manager of the property to give the Secretary, within 14 days after the day the notice is given, a written statement showing cause why the proposed variation should not be made; and
(d) include a statement setting out the manager’s right to seek review of a decision to make the variation.
Certain decisions are not reviewable decisions
9N.6 None of the following is an initial decision for the purposes of Part 16 of the General Order:
(a) a decision under paragraph 9N.1(a), (b) or (c) to vary an aspect of the accreditation of a property on a ground referred to in paragraph 9N.2(e);
(b) a decision under subparagraph 9N.1(d)(i) to set a later expiry date for the accreditation of a property;
(c) a decision under subparagraph 9N.1(d)(ii) to vary the accreditation of a property so that it remains in force indefinitely.
9P Notice of variation
9P.1 If the Secretary makes a variation in relation to the accreditation of a property under subsection 9N.1, the Secretary must give the manager of the property written notice of the variation.
9P.2 The notice must state the following:
(a) details of the variation;
(b) if the variation is of the conditions of the accreditation—the varied conditions and any new conditions;
(c) if the variation is of the period of effect of the accreditation:
(i) the expiry date, or the varied expiry date, for the accreditation; or
(ii) that the accreditation remains in force indefinitely;
(d) the date the variation takes effect.
9P.3 If the manager was given a notice (a show cause notice) under subsection 9N.3, the variation must not take effect before the earlier of the following:
(a) the day after any response to the request is received by the Secretary;
(b) the end of 14 days after the show cause notice was given.
Note: The accreditation, as varied, remains in force as provided by section 9E.
Division 4—Suspension of accreditation
Subdivision A—Suspension requested by manager
9R Manager may request suspension
9R.1 The manager of an accredited property may request the Secretary to suspend the accreditation of the property in relation to a kind of operations and a kind of prescribed goods and, if applicable, a place to which the prescribed goods may be exported.
9R.2 A request under subsection 9R.1 may relate to more than one kind of operations or more than one kind of prescribed goods and, if applicable, more than one place.
9R.3 A request under subsection 9R.1 must:
(a) be in writing; and
(b) state each kind of operations and each kind of prescribed goods and, if applicable, each place in relation to which the accreditation is to be suspended; and
(c) specify the reason for the suspension.
9R.4 If the Secretary receives a request from the manager of an accredited property under subsection 9R.1, the Secretary must, by written notice to the manager, suspend the accreditation as requested, with effect on the day specified in the notice.
9S Request to revoke suspension
9S.1 If the accreditation of a property is suspended under section 9R, the manager of the property may request the Secretary to revoke the suspension.
9S.2 A request under subsection 9S.1 must:
(a) be in writing; and
(b) state the reason for the request; and
(c) be accompanied by any information or documents in support of the request.
9S.3 If the Secretary receives a request from the manager of an accredited property under subsection 9S.1, the Secretary may:
(a) if the Secretary is satisfied that the reasons for the suspension no longer exist and there is no reason why the suspension should not be revoked—revoke the suspension by written notice to the manager; or
(b) in any other case:
(i) suspend the accreditation of the property under section 9T; or
(ii) revoke the accreditation of the property under section 9Y.
Subdivision B—Suspension by Secretary
9T Grounds for suspension—general
9T.1 The Secretary may suspend the accreditation of a property in relation to one or more kinds of operations and one or more kinds of prescribed goods and, if applicable, one or more places to which the prescribed goods may be exported if the Secretary reasonably believes that:
(a) the integrity of prescribed goods covered by the accreditation cannot be ensured; or
(b) a condition of the accreditation has been, or is being, contravened; or
(c) the manager of the property:
(i) failed to comply with a direction given to the manager by an authorised officer or the Secretary; or
(ii) failed to comply with a request by an authorised officer to provide information or a document; or
(iii) failed to comply with a request made by an auditor under section 45A; or
(iv) failed to provide assistance to an auditor as required by section 46; or
(d) the manager of the property has engaged in conduct that:
(i) intimidated a person performing functions or exercising powers under the Act or this Order; or
(ii) hindered or prevented a person from performing functions or exercising powers under the Act or this Order; or
(e) a false, misleading or incomplete statement was made in an application under this Part; or
(f) false, misleading or incomplete information or documents were given to the Secretary or to another person performing functions or exercising powers under the Act or this Order; or
(g) the manager of the property has contravened:
(i) the requirements of the Act or this Order; or
(ii) the requirements of any other instrument in force under the Act that applies in relation to the accreditation and the operations and prescribed goods covered by the accreditation.
Note 1: A suspension must not be for more than 12 months (see section 9UA).
Note 2: Part 16 of the General Order (which deals with reconsideration and review of decisions) applies to a decision under this subsection.
Notice of proposed suspension
9T.2 The Secretary must not suspend the accreditation of a property under subsection 9T.1 unless the Secretary has given a written notice to the manager of the property in accordance with subsection 9T.4.
9T.3 However, a notice is not required to be given under subsection 9T.2 if the Secretary reasonably believes that the grounds for the proposed suspension are serious and urgent.
Note: If the grounds for suspending the accreditation of a property are serious and urgent, the Secretary must give the manager of the property notice of the suspension under subsection 9U.1.
9T.4 A notice under subsection 9T.2 must:
(a) specify each kind of operations and each kind of prescribed goods and, if applicable, each place in relation to which the accreditation is proposed to be suspended; and
(b) specify the grounds for the proposed suspension; and
(c) request the manager of the accredited property to give the Secretary, within 14 days after the day the notice is given, a written statement showing cause why the accreditation should not be suspended as proposed; and
(d) include a statement setting out the manager’s right to seek review of a decision to suspend the accreditation.
9TA Grounds for suspension—overdue relevant Commonwealth liability
9TA.1 The Secretary may suspend the accreditation of a property in relation to all kinds of operations and all kinds of prescribed goods if:
(a) a relevant Commonwealth liability of the manager of the property, or relating to the property, is more than 30 days overdue; and
(b) the Secretary has given a written notice to the person (the debtor) who is liable to pay the relevant Commonwealth liability in accordance with subsection 9TA.2; and
(c) within 8 days after the notice is given:
(i) the relevant Commonwealth liability has not been paid; or
(ii) the debtor has not entered into an arrangement with the Secretary to pay the relevant Commonwealth liability.
Note 1: A suspension must not be for more than 12 months (see section 9UA).
Note 2: Part 16 of the General Order (which deals with reconsideration and review of decisions) applies to a decision under this subsection.
9TA.2 A notice under subsection 9TA.1 must:
(a) state that a relevant Commonwealth liability of the debtor in relation to an accredited property is more than 30 days overdue; and
(b) state that the Secretary may suspend the accreditation of the property for all kinds of operations in relation to all kinds of prescribed goods if, within 8 days after the notice is given:
(i) the relevant Commonwealth liability is not paid; or
(ii) the debtor has not entered into an arrangement with the Secretary to pay the relevant Commonwealth liability; and
(c) include a statement setting out the debtor’s right to seek review of a decision to suspend the accreditation of the property.
Secretary may direct that activities not be carried out
9TA.3 If the Secretary suspends the accreditation of a property under subsection 9TA.1, the Secretary may refuse to carry out, or direct a person not to carry out, specified activities or kinds of activities in relation to the debtor under this Act until the relevant Commonwealth liability has been paid.
Action under this section does not affect liability to pay relevant Commonwealth liability
9TA.4 Action by the Secretary under this section does not affect the liability of the debtor to pay the relevant Commonwealth liability.
9TB Other grounds for suspension
The Secretary may suspend the accreditation of a property in relation to all kinds of operations and all kinds of prescribed goods if:
(a) the Secretary:
(i) receives a notice from the person in whose name the property is accredited under section 9ZE; or
(ii) otherwise becomes aware that the person in whose name the property is accredited has ceased to be the manager of the property; and
(b) another person has become the manager of the property.
9U Notice of suspension
9U.1 If the Secretary decides to suspend the accreditation of a property under this Subdivision, the Secretary must give the manager of the property a written notice stating:
(a) that the accreditation of the property is to be suspended, for the period specified in the notice, in relation to all or specified kinds of operations and all or specified kinds of prescribed goods and, if applicable, all or specified places to which prescribed goods may be exported; and
(b) the reasons for the suspension; and
(c) the date the suspension is to start; and
(d) the period of the suspension; and
(e) that the manager may apply for reconsideration and review of the decision under Part 16 of the General Order.
9U.2 If the manager was given a notice (a show cause notice) under subsection 9T.2, the suspension must not start before the earlier of the following:
(a) the day after any response to the request to show cause included in the notice is received by the Secretary;
(b) the end of 14 days after the show cause notice was given.
9UA Period of suspension
9UA.1 A suspension of the accreditation of a property under this Subdivision must not be for more than 12 months.
9UA.2 The Secretary may vary the period of a suspension under this Subdivision by written notice to the manager of the property. However, the total period of the suspension must not be more than 12 months.
Note: Part 16 of the General Order (which deals with reconsideration and review of decisions) applies to a decision to extend the period of a suspension.
9UB Revocation of suspension
The Secretary may revoke a suspension of the accreditation of a property under this Subdivision by written notice to the manager of the property.
Subdivision C—Other provisions
9V Effect of suspension
If the accreditation of a property is suspended wholly or in part under Subdivision A or B:
(a) the accreditation of the property remains in force while it is suspended; and
(b) the requirements of the Act, this Order and any other instrument in force under the Act that applies in relation to the accreditation and the operations and prescribed goods covered by the accreditation (including the conditions of the accreditation) must be complied with while the accreditation is suspended.
9W Suspended operations must not be carried out during suspension period
If the manager of an accredited property receives a notice under subsection 9R.4 or 9U.1 stating that the accreditation of the property has been, or is to be, suspended in relation to all or specified kinds of operations and all or specified kinds of prescribed goods and, if applicable, all or specified places to which goods may be exported, the manager must ensure that operations are not carried out in relation to which the accreditation is suspended.
Level 5 penal provision
Division 5—Revocation of accreditation
Subdivision A—Revocation requested by manager
9X Manager may request revocation
9X.1 The manager of an accredited property (including a property in relation to which a suspension is in effect under Division 4) may request the Secretary to revoke the accreditation of the property.
Note: If the manager does not wish to revoke the accreditation of the property in relation to all kinds of operations and all kinds of prescribed goods, the manager may apply to vary the accreditation under Subdivision A of Division 3.
9X.2 A request under subsection 9X.1 must be in writing.
9X.3 If the Secretary receives a request from the manager of an accredited property under subsection 9X.1, the Secretary must, by written notice to the manager, revoke the accreditation of the property, with effect on the day specified in the notice.
9X.4 Subsection 9X.3 does not apply if, before the request under subsection 9X.1 was made, the Secretary:
(a) had given the manager of the property a notice under subsection 9Y.2 in relation to the accreditation; and
(b) had not decided whether to revoke the accreditation or not.
Subdivision B—Revocation by Secretary
9Y Grounds for revocation—general
9Y.1 The Secretary may revoke the accreditation of a property (including a property in relation to which a suspension is in effect under Division 4) if the Secretary reasonably believes that:
(a) the integrity of prescribed goods covered by the accreditation cannot be ensured; or
(b) a condition of the accreditation has been, or is being, contravened; or
(c) the manager of the property:
(i) failed to comply with a direction given to the manager by an authorised officer or the Secretary; or
(ii) failed to comply with a request by an authorised officer to provide information or a document; or
(iii) failed to comply with a request made by an auditor under section 45A; or
(iv) failed to provide assistance to an auditor as required by section 46; or
(d) the manager of the property has engaged in conduct that:
(i) intimidated a person performing functions or exercising powers under the Act or this Order; or
(ii) hindered or prevented a person from performing functions or exercising powers under the Act or this Order; or
(e) a false, misleading or incomplete statement was made in an application under this Part; or
(f) false, misleading or incomplete information or documents were given to the Secretary or to another person performing functions or exercising powers under the Act or this Order; or
(g) the manager of the property has contravened:
(i) the requirements of the Act or this Order; or
(ii) the requirements of any other instrument in force under the Act that applies in relation to the accreditation and the operations and prescribed goods covered by the accreditation.
Note: Part 16 of the General Order (which deals with reconsideration and review of decisions) applies to a decision under this subsection.
Notice of proposed revocation
9Y.2 The Secretary must not revoke the accreditation of a property under subsection 9Y.1 unless the Secretary has given a written notice to the manager of the property in accordance with subsection 9Y.4.
9Y.3 However, a notice is not required to be given under subsection 9Y.2 if the Secretary reasonably believes that the grounds for the proposed revocation are serious and urgent.
Note: If the grounds for revoking the accreditation of a property are serious and urgent, the Secretary must give the manager of the property notice of the revocation under subsection 9Z.1.
9Y.4 A notice under subsection 9Y.2 must:
(a) specify the grounds for the proposed revocation; and
(b) request the manager of the accredited property to give the Secretary, within 14 days after the day the notice is given, a written statement showing cause why the accreditation should not be revoked; and
(c) include a statement setting out the manager’s right to seek review of a decision to revoke the accreditation.
9YA Grounds for revocation—overdue relevant Commonwealth liability
9YA.1 The Secretary may revoke the accreditation of a property if:
(a) the accreditation is suspended under subsection 9TA.1 for non‑payment of a relevant Commonwealth liability; and
(b) within 90 days after the start of the suspension:
(i) the relevant Commonwealth liability had not been paid; or
(ii) the person (the debtor) who is liable to pay the relevant Commonwealth liability had not entered into an arrangement with the Secretary to pay the relevant Commonwealth liability.
Note: Part 16 of the General Order (which deals with reconsideration and review of decisions) applies to a decision under this subsection.
Secretary may direct that activities not be carried out
9YA.2 If the Secretary revokes the accreditation of a property under subsection 9YA.1, the Secretary may refuse to carry out, or direct a person not to carry out, specified activities or kinds of activities in relation to the debtor under this Act until the relevant Commonwealth liability has been paid.
Action under this section does not affect liability to pay relevant Commonwealth liability
9YA.3 Action by the Secretary under this section does not affect the liability of the debtor to pay the relevant Commonwealth liability.
9YB Other grounds for revocation
Person ceases to manage property
9YB.1 The Secretary may revoke the accreditation of a property if the Secretary:
(a) receives a notice from the former manager of the property under section 9ZE; or
(b) otherwise becomes aware that the person in whose name the property is accredited has ceased to be the manager of the property.
9YB.2 The Secretary may act under subsection 9YB.1 whether or not another person has become the manager of the property.
Property becomes a registered establishment
9YB.3 The Secretary may revoke the accreditation of a property if the property is, or becomes, a registered establishment.
9Z Notice of revocation
9Z.1 If the Secretary decides to revoke the accreditation of a property under this Subdivision, the Secretary must give the manager of the property a written notice stating:
(a) that the accreditation of the property is to be revoked; and
(b) the reasons for the revocation; and
(c) the date the revocation is to take effect; and
(d) that the manager may apply for reconsideration and review of the decision under Part 16 of the General Order.
9Z.2 If the manager was given a notice (a show cause notice) under subsection 9Y.2, the revocation must not take effect before the earlier of the following:
(a) the day after any response to the request to show cause included in the notice is received by the Secretary;
(b) the end of 14 days after the show cause notice was given.
Subdivision C—Other provisions
9ZA Secretary may require action to be taken after accreditation revoked
9ZA.1 This section applies if:
(a) a person was given notice of revocation of the accreditation of a property under subsection 9X.3 or 9Z.1; or
(b) the accreditation of the property was revoked under Subdivision A or B of this Division.
9ZA.2 The Secretary may, in writing, direct the person to take specified action, within a specified period after the accreditation is revoked, in relation to the operations and prescribed goods that were covered by the accreditation. The action must be action that is necessary for the purpose of achieving one or more objects of the Act or this Order.
9ZA.3 A direction to a person under subsection 9ZA.2 must state that, if the person fails to comply with the direction, the person could commit an offence against the Export Control (Orders) Regulations 1982.
9ZA.4 A person who is given a direction under subsection 9ZA.2 must comply with the direction.
Level 5 penal provision
Division 6—Obligations of managers of accredited properties
9ZB Conditions of accreditation must not be contravened
The manager of an accredited property (including a property in relation to which a suspension is in effect under Division 4) must ensure that the conditions of accreditation of the property are not contravened.
Level 5 penal provision
9ZC Additional or corrected information in relation to application for accreditation etc.
9ZC.1 The manager of an accredited property must comply with subsection 9ZC.2 if the manager becomes aware that information included in an application made by the manager under this Part, or information or a document given to the Secretary in relation to such an application, was incomplete or incorrect.
9ZC.2 The manager of the property must, as soon as practicable, give the Secretary additional or corrected information, to the extent that it is relevant to assessing whether:
(a) the requirements of the Act or this Order in relation to a matter covered by the accreditation of the property have been, are being, or will be complied with; or
(b) importing country requirements in relation to a matter covered by the accreditation of the property have been, are being, or will be met.
Note 1: A person may commit an offence if the person makes a false or misleading statement in an application or provides false or misleading information or documents (see sections 136.1, 137.1 and 137.2 of the Criminal Code).
Note 2: The Secretary may suspend or revoke the accreditation of the property if the manager fails to comply with this subsection (see paragraphs 9T.1(g) and 9Y.1(g)).
Level 3 penal provision
9ZD Notice of event or change in circumstances
The manager of an accredited property must notify the Secretary, in writing, as soon as practicable after any of the following events or circumstances occurs:
(a) there is a change in the manager’s business structure;
(b) if the manager is an individual—the individual enters into a personal insolvency agreement under Part X of the Bankruptcy Act 1966;
(c) if the manager is a corporation—the corporation:
(i) enters into administration (within the meaning of section 435C of the Corporations Act 2001); or
(ii) is to be wound up (whether by a court or voluntarily);
(d) there is a change in the trading name, business address or contact details of the manager;
(e) a condition of the accreditation is contravened;
(f) any other event or circumstance that relates to a matter covered by the accreditation.
Note: If a person ceases to be the manager of an accredited property, the person must notify the Secretary in accordance with section 9ZE.
Level 5 penal provision
9ZE Notice of person ceasing to be manager of accredited property
If the person in whose name a property is accredited (the former manager) ceases to be the manager of the property, the former manager (or another person who is legally authorised to act on behalf of the former manager) must, as soon as practicable after the cessation, notify the Secretary, in writing, of that fact. The notice must also include contact details for the person giving the notice.
3.2 The authorised officer may discontinue inspection when the results of the inspection indicate that a bulk vessel will have to be brought to shore for cleaning or treatment and recommence inspection after berthing.
4 Inspection procedure
4.1 On boarding the bulk vessel, an authorised officer must obtain from the master all information required to assess the suitability of the vessel to enable the loading of prescribed goods.
4.2 The authorised officer must require a ship’s officer to accompany the authorised officer during the inspection to ensure the provision of all assistance necessary.
5 On entering a hold
5.1 On entering a hold, an authorised officer may examine all sites that may harbour infestible residues, insects or rodents.
5.2 If the authorised officer believes that assistance or equipment is required to safely inspect an area in the hold that would otherwise be inaccessible, the master must make available:
(a) sufficient crew to allow the authorised officer to inspect the area safely; and
(b) all equipment that is necessary to allow the authorised officer to inspect the area safely.
5.4 If it is not possible to gain access to an area and the authorised officer suspects that there are insects or residues in the area, the authorised officer may order cleaning of the area.
5.5 The authorised officer must be satisfied that all residues have been removed.
6 Bulk vessels’ stores and general galley areas
6.1 Wet stores and refrigerated or chilled stores need not be inspected, unless there is reason to believe that these areas may have become infested with pests.
6.2 It is necessary to inspect areas in the bulk vessel where stores are handled and food is prepared only when substantial insect infestation or insects suspected to be Trogoderma spp. have been detected during the course of inspection of dry stores.
7 Treatments
7.1 If a pest or infestible residue has been found on a bulk vessel, the authorised officer must:
(a) notify the responsible person of the detection of the pest or infestible residue; and
(b) require that the level of the pest or infestible residue be reduced to the level specified by the authorised officer.
7.2 The notification must be by way of an approved form.
7.3 The responsible person must:
(a) complete the approved form with the details of the treatment that has occurred; and
(b) return the form to the authorised officer.
8 Reporting of conditions of the bulk vessel
The results of the inspection of the bulk vessel must be reported on an approved form and include details of the particular chemical used in any treatment of the cargo spaces of the ship.
9 Issuing the vessel approval
9.1 An authorised officer must indicate on a vessel approval the time at which the officer determines that the holds comply with the requirements of this Order.
9.2 The time shown must be when inspection of the holds has been completed and the responsible ship’s officer was informed of this.
9.3 This time must not be altered.
10 Live insects, being Trogoderma spp., found in a bulk vessel
If live insects, being Trogoderma spp., are found in a bulk vessel:
(a) the bulk vessel must be rejected; and
(b) an authorised officer must order the vessel to be treated using an approved method.
Schedule 6—Requirements relating to issuing of phytosanitary certificate
(section 43)
1 Inspection
For the purposes of the issuing of a phytosanitary certificate, inspection must be carried out by an authorised officer.
2 Certification
Manually issued phytosanitary certificates may be altered by an authorised officer and, if an alteration is made, the authorised officer must sign the certificate adjacent to the alteration and:
(a) insert beneath that signature that officer’s identity number; or
(b) apply in close proximity to that signature an impression of the official mark of the Department.
3 Responsibility of exporter
3.1 The exporter must request the necessary inspection and certification if an importing country authority so requires.
3.2 It is the responsibility of the exporter to comply with the requirements of the importing country authority and the authorities of any country through which the consignment may transit or trans ship.
4 Conditions of issuance
4.1 Certification must be provided if it can be verified that an importing country requirement for such certification exists.
4.2 Certificates must be addressed to an importing country authority unless the Secretary determines otherwise.
4.3 Phytosanitary certificates must not be issued or used for commercial purposes but they may include details of an associated Letter of Credit number, date and the party to whom the Letter of Credit is given.
5 Forms of certificates
5.1 Subject to subclause 5.3, the form of certificate must be the international model specified by the IPPC.
5.2 Subject to subclause 5.3, in the case of re‑exports the IPPC model re‑export certificate must be used.
5.3 Bilingual and trilingual certificates must only be used to meet the specific requirements of an importing country authority.
6 Importing country requirements
6.1 If a phytosanitary certificate is required but an importing country authority has not prescribed specific conditions for the goods concerned, the tolerances specified under clause 2 of Schedule 2 apply.
6.2 The Secretary must determine whether certificates should be issued in cases where the requirements of an importing country authority are not known.
7 Name of authorised officer
7.1 The name of the authorised officer who inspected the consignment, or the most senior of the authorised officers, must be included in the certificate.
7.2 If the name is hand‑written on a paper certificate, it must be in block letters.
8 Disinfestation or disinfection treatment
8.1 Treatments not supervised by an authorised officer may be added to the certificate if the exporter submits a written declaration certifying the details of the treatment carried out.
8.2 Any space on a paper certificate not used to record treatments must be struck out.
9 Additional declarations
9.1 Additional declarations relating to such matters as:
(a) freedom from weed seeds;
(b) specific pests; or
(c) pest or fumigation treatment applied;
may be included when such declarations are specified by an importing country authority, or are included in import permits, and when the matter can be verified by an authorised officer.
9.2 If no requirement for an additional declaration appears in the requirements of an importing country authority, evidence from that authority must be produced before consideration can be given to its endorsement.
9.3 If no additional declarations are given, the phytosanitary certificate must state ‘no additional declaration’. On a paper certificate, any spaces not used for such declarations must be struck out.
10 Signature
10.1 All paper certificates issued, including any copies of those certificates, must bear an authorised officer’s signature and the official mark of the Department.
10.2 When certificates are signed by an authorised officer other than the person who inspected the goods, records must exist to confirm inspection of the goods and that the matters attested to in the certificate are correct.
10.3 For subclause 10.1, if a complete paper certificate is generated from a computer system that stores the authoritative records, the signature and official mark may be facsimiles.
11 Other endorsements
11.1 If an importing country authority requires endorsement of phytosanitary certificates by its representatives in Australia as a precondition for import of the goods to which the certificate relates, adequate time must be allowed for inspection prior to shipment.
11.2 Phytosanitary certificates must not be submitted to a commercial body for endorsement.
12 Description of the consignment
12.1 Sufficient detail must be provided in a certificate to allow the consignment to be readily identified.
12.2 Container numbers must be included.
12.3 Import and export permit numbers may be indicated if these are known.
12.4 For a paper version of a certificate that has more than one sheet
(a) the sheets must be securely attached together; and
(b) each sheet must have the number of the phytosanitary certificate and the name and address of the exporter; and\
(c) each sheet must include the official mark of the Department and the signature of the same authorised officer.
12.5 For a paper version of a certificate that has spaces for the details, any spaces not used must be struck out.
13 Name of goods
13.1 Both the common and botanical name of the goods must appear on the certificate for prescribed goods.
13.2 If for miscellaneous goods of complex composition a botanical name is not appropriate, a general term or the description appearing on the packages may be used.
14 Consignee’s name and address
The name and address of the consignee must be specified on the certificate when possible but, if the consignee is not known, ‘To order’ is to be specified.
15 Point of entry
The point of entry must be specific to the country of import and, if possible, the actual place of importation.
16 Quality statements
Information such as details of purity and viability of seeds or statements attesting to the quality of the goods must not be included, unless required by the importing country authority.
17 Number of copies to be issued
17.1 If a paper version of the phytosanitary certificate is used for the goods, it must be the original.
17.2 Additional certified copies of the phytosanitary certificate may be provided to the exporter, at the discretion of the Secretary.
18 Copy required by the Secretary
18.1 A copy of each paper phytosanitary certificate must be forwarded to the Secretary.
18.2 A copy of a paper import permit issued by an importing country authority must be forwarded with the phytosanitary certificate to the Secretary.
19 Re‑exports from Australia
19.1 Re‑export phytosanitary certificates must be issued for prescribed goods re‑exported from Australia if phytosanitary certification is required by an importing country authority and:
(a) the goods are accompanied by a phytosanitary certificate issued by the country of origin and complying with the requirements of a foreign country authority;
(b) the identity of the goods can be established; and
(c) the consignment has not been exposed to infestation while in Australia.
19.2 A re‑export certificate must not be issued for:
(a) goods that were required to be exported from Australian territory under the Biosecurity Act 2015 or the Biosecurity Regulation 2016; or
(b) goods that were rejected for entry into Australia under the Quarantine Act 1908, as in force before 16 June 2016;
unless the goods meet the requirements of the importing country.
19.3 If imported goods in transit or in bond through Australian ports en route to other destinations have not been formally cleared as imports into Australia, they will not be issued with a re‑export phytosanitary certificate.
19.4 If imported goods are subsequently exported as part of a larger consignment containing Australian prescribed goods, the goods may be covered under the general phytosanitary certificate issued for the consignment, provided that:
(a) any additional declarations required by an importing country authority can be satisfied by product inspection; and
(b) the certificate indicates that the consignment is a product of Australia and the other country.
19.5 If the additional declaration requires endorsements relating to growing conditions or treatments in the original exporting country, certification must not be provided.
19.6 If imported goods not accompanied by a phytosanitary certificate are to be exported, a re‑export phytosanitary certificate must be issued for the goods provided that:
(a) a reference to the phytosanitary certificate of the country of origin is deleted from the re‑export phytosanitary certificate; and
(b) the words ‘Phytosanitary Certificate from the Country of Origin not Available’ are appended to the certifying statement; and
(c) the amendments in paragraphs (a) and (b) are subject to the provisions of paragraphs 2(a) and (b) of this Schedule; and
(d) an exporter declares the country of origin of the goods; and
(e) no additional declaration is given which cannot be verified by an authorised officer.
20 Re‑inspection of delayed consignments
20.1 Re‑inspection of prescribed goods is necessary if:
(a) the time between inspection and export exceeds 28 days; or
(b) the maximum time between inspection and export permitted by the importing country is exceeded.
20.2 If the period exceeds 28 days, re‑inspection must be carried out to assess whether the originally issued certificate remains valid.
20.3 If delays are likely to occur in the shipment of consignments after phytosanitary inspection has taken place, appropriate measures must be instituted by the exporter to ensure that the goods are not subject to infestation or infection (including cross‑infestation or cross‑infection) or contamination before shipment.
20.4 If, after re‑inspection in accordance with subclause 20.2, the original phytosanitary certificate is not valid, the exporter must surrender all paper copies of the certificate to an authorised officer.
20.5 If re‑inspection is requested by the exporter, the consignment must not be re‑inspected unless all paper copies of the original phytosanitary certificate have been surrendered to an authorised officer.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Name | FRLI registration | Commencement | Application, saving and transitional provisions |
| Export Control (Plants and Plant Products) Order 2011 | 30 Sept 2011 (F2011L02005) | 1 Oct 2011 (s 2) | |
| Export Control (Plants and Plant Products) Amendment (2014 Measures No. 1) Order 2014 | 23 Apr 2014 (F2014L00434) | 1 May 2014 (s 2) | — |
| Export Control (Plants and Plant Products) Amendment (Registered Establishments) Order 2015 | 30 Nov 2015 (F2015L01885) | 1 Dec 2015 (s 2(1) item 1) | — |
| Export Control (Plants and Plant Products) Amendment (Re‑export Certificates) Order 2016 | 4 May 2016 (F2016L00640) | 16 June 2016 (s 2(1) item 1) | — |
| Export Control (Plants and Plant Products) Amendment (Small Horticultural Products Registered Establishments) Order 2017 | 31 May 2017 (F2017L00626) | 1 June 2017 (s 2(1) item 1) | — |
| Export Control (Plants and Plant Products) Amendment (Accredited Properties) Order 2018 | 24 Sept 2018 (F2018L01337) | 25 Sept 2018 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Readers guide............................ | rep F2014L00434 |
| Part 1 | |
| s 2............................................. | rep LA s 48D |
| s 5............................................. | am F2014L00434; F2015L01885; F2017L00626; F2018L01337 |
| s 6............................................. | am F2014L00434 |
| Part 2 | |
| s 9............................................. | am F2018L01337 |
| Part 2A | |
| Part 2A...................................... | ad F2018L01337 |
| Division 1 | |
| s 9A.......................................... | ad F2018L01337 |
| s 9B.......................................... | ad F2018L01337 |
| s 9C.......................................... | ad F2018L01337 |
| s 9D.......................................... | ad F2018L01337 |
| s 9E.......................................... | ad F2018L01337 |
| Division 2 | |
| s 9F........................................... | ad F2018L01337 |
| s 9G.......................................... | ad F2018L01337 |
| s 9H.......................................... | ad F2018L01337 |
| s 9J........................................... | ad F2018L01337 |
| Division 3 | |
| Subdivision A | |
| s 9K.......................................... | ad F2018L01337 |
| s 9L.......................................... | ad F2018L01337 |
| s 9M......................................... | ad F2018L01337 |
| Subdivision B | |
| s 9N.......................................... | ad F2018L01337 |
| s 9P........................................... | ad F2018L01337 |
| Division 4 | |
| Subdivision A | |
| s 9R.......................................... | ad F2018L01337 |
| s 9S........................................... | ad F2018L01337 |
| Subdivision B | |
| s 9T.......................................... | ad F2018L01337 |
| s 9TA........................................ | ad F2018L01337 |
| s 9TB........................................ | ad F2018L01337 |
| s 9U.......................................... | ad F2018L01337 |
| s 9UA....................................... | ad F2018L01337 |
| s 9UB........................................ | ad F2018L01337 |
| Subdivision C | |
| s 9V.......................................... | ad F2018L01337 |
| s 9W......................................... | ad F2018L01337 |
| Division 5 | |
| Subdivision A | |
| s 9X.......................................... | ad F2018L01337 |
| Subdivision B | |
| s 9Y.......................................... | ad F2018L01337 |
| s 9YA....................................... | ad F2018L01337 |
| s 9YB........................................ | ad F2018L01337 |
| s 9Z.......................................... | ad F2018L01337 |
| Subdivision C | |
| s 9ZA........................................ | ad F2018L01337 |
| Division 6 | |
| s 9ZB........................................ | ad F2018L01337 |
| s 9ZC........................................ | ad F2018L01337 |
| s 9ZD........................................ | ad F2018L01337 |
| s 9ZE........................................ | ad F2018L01337 |
| Division 7 | |
| s 9ZF........................................ | ad F2018L01337 |
| s 9ZG........................................ | ad F2018L01337 |
| s 9ZH........................................ | ad F2018L01337 |
| s 9ZJ......................................... | ad F2018L01337 |
| Part 3 | |
| Division 1 | |
| Division 1 heading.................... | ad F2015L01885 |
| Division 2 | |
| Division 2................................. | ad F2015L01885 |
| s 13A........................................ | ad F2015L01885 |
| am F2017L00626 | |
| Part 5 | |
| s 17........................................... | am F2014L00434 |
| s 18........................................... | am F2014L00434 |
| Part 7 | |
| s 25........................................... | am F2014L00434 |
| Part 8 | |
| s 26........................................... | am F2014L00434 |
| s 27........................................... | am F2014L00434 |
| s 28........................................... | rs F2014L00434 |
| s 29........................................... | rs F2014L00434 |
| s 30........................................... | rs F2014L00434 |
| Part 9 | |
| Division 1 | |
| s 32........................................... | am F2014L00434 |
| s 33........................................... | am F2014L00434 |
| Division 2 | |
| s 35........................................... | am F2014L00434 |
| s 36........................................... | rs F2014L00434 |
| s 37........................................... | am F2014L00434 |
| s 38........................................... | rs F2014L00434 |
| s 39........................................... | rs F2014L00434 |
| s 40........................................... | rs F2014L00434 |
| s 40A........................................ | ad F2014L00434 |
| Part 12 | |
| s 45........................................... | am F2014L00434; F2018L01337 |
| s 45A........................................ | ad F2018L01337 |
| s 46........................................... | am F2018L01337 |
| s 48........................................... | am F2014L00434 |
| Part 13 | |
| Part 13 heading......................... | ed C5 |
| Division 1 heading.................... | ad F2018L01337 |
| ed C5 | |
| s 49........................................... | rep LA s 48C |
| Division 2 | |
| Division 2 heading.................... | ad F2018L01337 |
| Division 3 | |
| Division 3................................. | ad F2018L01337 |
| s 50A........................................ | ad F2018L01337 |
| s 51........................................... | ad F2018L01337 |
| s 52........................................... | ad F2018L01337 |
| s 53........................................... | ad F2018L01337 |
| s 54........................................... | ad F2018L01337 |
| s 55........................................... | ad F2018L01337 |
| s 56........................................... | ad F2018L01337 |
| s 57........................................... | ad F2018L01337 |
| s 58........................................... | ad F2018L01337 |
| s 59........................................... | ad F2018L01337 |
| Schedule 1 | |
| Schedule 1................................ | am F2014L00434 |
| Schedule 2 | |
| Schedule 2................................ | am F2014L00434 |
| Schedule 4 | |
| Schedule 4................................ | am F2014L00434 |
| Schedule 5 | |
| Schedule 5................................ | am F2014L00434 |
| Schedule 6 | |
| Schedule 6................................ | am F2016L00640 |
Endnote 5—Editorial changes
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Part 13 (heading)
Kind of editorial change
Removal of redundant text
Details of editorial change
The Part 13 heading appears as follows: “Part 13—Repeal and transitional”.
Part 13 no longer contains any repealing provisions, as section 49 was automatically repealed under section 48C of the Legislation Act 2003.
This compilation was editorially changed to remove the redundant words “Repeal and” and, consequently, replace the lower case starting letter “t” in “transitional” with an upper case “T” in the Part 13 heading.
Part 13, Division 1 (heading)
Kind of editorial change
Removal of redundant text
Details of editorial change
Schedule 1 item 9 of the Export Control (Plants and Plant Products) Amendment (Accredited Properties) Order 2018 instructs to insert a Division 1 heading after the Part 13 heading.
The newly inserted Division 1 heading does not contain any sections, as section 49 was automatically repealed under section 48C of the Legislation Act 2003.
This compilation was editorially changed to remove the redundant Part 13, Division 1 (heading).
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