Act means the Export Control Act 2020, and includes:
(a) legislative instruments made under the Export Control Act 2020; and
(b) the Regulatory Powers Act as it applies in relation to the Export Control Act 2020.
amenities includes toilets, showers, locker rooms, change rooms, canteens, kitchens and sleeping quarters on a vessel.
animal food means fish or fish products that are not fit for human consumption and are for use as feed for animals.
applied, in relation to an official mark, has the meaning given by subsection 8‑14(1).
Note: For applied, in relation to a trade description, see section 247 of the Act.
approved assessor means an individual who is approved under subsection 281(1) of the Act to carry out assessments of fish or fish products under Part 2 of Chapter 9 of the Act.
approved auditor means an individual who is approved under subsection 273(1) of the Act to conduct an audit referred to in section 9‑1 of this instrument.
Australian Crocodile Meat Standard means Australian Standard AS 4467:1998, Australian Standard for the Hygienic Production of Crocodile Meat for Human Consumption, as that Standard exists at the commencement of this instrument.
Australian Fish Names Standard means the document titled Australian Fish Names Standard AS 5300‑2019, as in force from time to time.
Australian Shellfish Export Standards means the Australian Shellfish Quality Assurance Program: Export Standards published by the Department, as that document exists at the commencement of this instrument.
Note: The Standards could in 2021 be viewed on the Department’s website (http://www.awe.gov.au).
bulk‑loaded: fish or fish products are bulk‑loaded if the fish or fish products are loaded directly into a container system unit, or directly into the hold of a vessel, unpackaged (but they may be boxed or drummed and palletised).
Section 1‑6 Definitions - Export Control (Fish and Fish Products) Rules 2021 - 1‑6 Definitions | Zoe
can means an immediate container made of metal, glass or other material suitable as a hermetically sealed container.
canned means thermally processed and enclosed in a hermetically sealed can.
catcher boat means a vessel used for:
(a) taking or holding fish intended for export as food; or
(b) taking or holding fish intended for export as food and one or more of the following:
(i) killing or dismembering the fish (except shucking shellfish);
(ii) bleeding the fish;
(iii) sorting or grading the fish;
(iv) washing the fish;
(v) chilling, icing, freezing or salting the fish for transport;
but not for any other operations to prepare fish or fish products.
Note: Take, in relation to fish, means catch, capture or harvest (see section 12 of the Act).
Codex means the Codex Alimentarius issued by the body known as the Codex Alimentarius Commission of the Food and Agriculture Organization of the United Nations and the World Health Organisation, as in force from time to time.
Note: The Codex Alimentarius could in 2021 be viewed on the website of the Food and Agriculture Organization of the United Nations (http://www.fao.org).
commercially sterile, in relation to fish or fish products, means free of pathogens that are capable of growing under the conditions the fish or fish products are likely to encounter during storage and distribution at ambient temperature.
construction, in relation to an establishment or equipment, includes design, installation, assembly, layout and the materials of which the establishment and equipment are made.
container system unit means a container designed for use as a unit of cargo handling equipment in the transport of goods by aircraft or vessel.
critical control point, in relation to a hazard, means a step during the production of food at which a control can be applied that is essential to prevent or eliminate the hazard or reduce its occurrence to an acceptable level.
critical limit, in relation to a hazard, means the limit to which the hazard must be controlled to prevent or eliminate it or reduce its occurrence to an acceptable level.
crocodile meat means the edible part of a crocodile.
depuration has the same meaning as in the Australian Shellfish Export Standards.
disease, in relation to a fish, means a disease suffered by or carried by the fish that is likely to be transmitted through fish or fish products.
dismembering, a fish, includes gutting and gilling the fish.
equipment includes any implement for the preparation of food, but does not include a vehicle used to transport food.
essential services includes:
(a) water, gas and electricity; and
(b) sewerage, drainage and waste disposal systems.
exporter of prescribed fish or fish products means:
(a) the applicant for an export permit for the fish or fish products; or
(b) if an export permit has been issued for the fish or fish products—the holder of the export permit.
fishing vessel means a vessel used for operations to prepare fish.
fish product means a product containing fish.
Note: For fish, see section 12 of the Act.
floors includes stairs, platforms and like areas.
food carrying compartment, of a conveyance, means the part or area of the conveyance in which fish or fish products are carried.
food contact surface means a surface that is likely to come into contact with exposed fish, fish products or their ingredients.
Note: Example: Fish or fish products that are being prepared but have not been packaged are exposed.
food handler means a person who directly handles fish, fish products or their ingredients or who handles food contact surfaces.
food handling area means:
(a) in Part 2 of Chapter 5—an area of a registered establishment (including a refrigeration chamber or storage area) used for exposed prescribed fish or fish products or their ingredients; or
(b) in any other provision—an area (including a refrigeration chamber or storage area) where fish, fish products or their ingredients are prepared or where packaging materials are stored.
Food Standards Code means the Australia New Zealand Food Standards Code.
HACCP means the hazard analysis and critical control point system for food safety management set out in the annex to CAC/RCP 1‑1969 (General Principles of Food Hygiene), adopted by the Codex.
HACCP plan means a document prepared in accordance with the principles of HACCP to ensure control of hazards that are significant for food safety in relation to fish or fish products.
Harvesting Areas (Shellfish for Export) List means the List with that name, as existing from time to time, that is:
(a) prepared by:
(i) the Secretary; or
(ii) an SES employee in the Department authorised by the Secretary; or
(iii) an acting SES employee in the Department authorised by the Secretary; and
(b) published on the Department’s website.
hazard means a biological, chemical or physical agent in, or a condition of, food that has the potential to cause harm to human health.
IANZ means the accreditation scheme known as International Accreditation New Zealand maintained by the Accreditation Council under section 35 of the Standards and Accreditation Act 2015 of New Zealand as in force at the commencement of this instrument.
immediate container, in relation to fish or fish products, means the primary covering in which the fish or fish products are packed.
ingredient means a substance (including a food additive) that is a constituent of fish or fish products (including raw materials).
installed: a resources industry structure is installed in an area at a time if, assuming that the structure were a sea installation within the meaning of the Sea Installations Act 1987 and the area were part of an adjacent area within the meaning of that Act, the structure would be taken under section 6 of that Act to be installed in an adjacent area at the time.
loaded for export has the meaning given by section 1‑7.
lot:
(a) of fish or fish products other than shellfish—means a quantity of fish or fish products of the same kind processed or packed under essentially the same conditions during a particular time interval, usually not exceeding 24 hours, and usually from a particular processing or packing line or other identifiable processing or packing unit; or
(b) of shellfish—means a quantity of a single species of shellfish harvested from a particular harvesting area and designated by a single harvest area number.
low acid means a pH value of greater than 4.6 and water activity greater than 0.85aw.
major component: fish or fish products are the major component in a fish product if the fish or fish products comprise the largest proportion of the fish product (by weight or volume).
manufacturing grade, in relation to fish or fish products, means fish or fish products that are not fit for human consumption but are suitable for further processing to make them fit for human consumption.
medical condition:
(a) means a medical condition that could affect the fitness for human consumption of fish or fish products; and
(b) includes an injury, an infected skin lesion or a discharge from the ear, nose or eye.
MICoR means the Manual of Importing Country Requirements published by the Department.
Note: MICoR could in 2021 be viewed on the Department’s website (http://www.awe.gov.au), but access to the document requires a password.
monitor, in relation to a critical control point and a hazard, means conduct a planned sequence of observations or measurements to assess whether each critical limit in relation to that hazard is under control.
NATA means the National Association of Testing Authorities.
notifiable disease means a disease the presence or suspected presence of which must be notified or reported (however expressed) under a law of the State or Territory where the disease is, or is suspected of being, present.
offshore location means a location that is at least 3 nautical miles from the nearest land mass and practically free from the risk of contamination by pollution sources.
pest includes an insect, arachnid, bird, reptile, rodent and other vermin.
potable, in relation to water, means water that is acceptable for human consumption.
Note: For guidance, see the Australian Drinking Water Guidelines (2011) developed by the National Health and Medical Research Council. The Guidelines could in 2021 be viewed on the National Health and Medical Research Council’s website (http://www.nhmrc.gov.au).
prescribed fish means fish that is prescribed goods under Division 1 of Part 1 of Chapter 2.
prescribed fish and fish products means fish and fish products that are prescribed goods under Division 1 of Part 1 of Chapter 2.
prescribed fish or fish products means fish or fish products that are prescribed goods under Division 1 of Part 1 of Chapter 2.
prescribed fish products means fish products that are prescribed goods under Division 1 of Part 1 of Chapter 2.
processing aid, in relation to fish or fish products, means a substance used in the processing of the fish or fish products or their ingredients to fulfil a technological purpose relating to treatment or processing, but that does not perform a technological function in the final food.
refrigeration chamber includes a chiller, freezer and a coolroom.
registered, in relation to an establishment, means registered under Chapter 4 of the Act.
registered establishment means an establishment that is registered for a kind of export operations in relation to prescribed fish or fish products.
relaying has the same meaning as in the Australian Shellfish Export Standards.
relevant importing country authority means the authority or body that is responsible for regulating the importation of fish or fish products into that country from Australian territory.
resources industry structure means:
(a) a resources industry fixed structure (within the meaning of the Sea Installations Act 1987); or
(b) a resources industry mobile unit (within the meaning of that Act) that is not a vessel.
sanitise a surface means apply a process (including using heat or chemicals) to the surface so that the number of pathogens on the surface is reduced to a level that:
(a) does not compromise the safety of fish or fish products that may come into contact with the surface; and
(b) does not permit the transmission of a condition or disease.
shelf‑stable, in relation to fish or fish products, means the fish or fish products can be safely stored and handled at ambient temperature.
shellfish means the edible species of molluscan bivalves, and includes oysters, clams, scallops, pipis and mussels.
single use item means an instrument, apparatus, utensil or other thing intended to be used only once in connection with food handling.
site of microbiological concern, in relation to fish or fish products, means:
(a) if a site for the fish or fish products where pathogens are likely to be located is known—that site; or
(b) in any other case—the thermal centre of the fish or fish products.
storage area means an area used for the storage of fish, fish products, ingredients or packaging materials.
substance includes an organism or any other matter.
thermal centre, of fish or fish products or an immediate container of fish or fish products, means the last point in the fish or fish products, or container, at which a change in temperature occurs.
thermal process, in relation to fish or fish products, means the heat sterilisation process in which the fish or fish products, or immediate containers of fish or fish products, are exposed to a defined heating medium at a specified temperature for a specified time for the purpose of making the fish or fish products commercially sterile.
Note: Examples of heating mediums are air, steam and water.
Timor Sea Maritime Boundaries Treaty means the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force at the commencement of this instrument.
Note: The Treaty is in Australian Treaty Series 2019 No. 16 ([2019] ATS 16) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Torres Strait Protected Zone means the Protected Zone within the meaning of the Torres Strait Fisheries Act 1984.
Note: Under the Torres Strait Fisheries Act 1984, Protected Zone means the area the boundaries of which are described in Annex 9 to the Torres Strait Treaty, and includes:
(a) in relation to any act or thing done for the purposes of commercial fishing—any area adjacent to the first‑mentioned area and to the north of the line described in Annex 5 to the Torres Strait Treaty, being an area that is, under the laws of Papua New Guinea, declared to be an area that is outside but near the Protected Zone for the purposes of commercial fishing; and
(b) in relation to any act or thing done for the purposes of traditional fishing—any area adjacent to the first‑mentioned area and to the north of the line described in Annex 5 to the Torres Strait Treaty, being an area that is, under the laws of Papua New Guinea, declared to be an area that is in the vicinity of the Protected Zone for the purposes of traditional fishing.
Note: The Torres Strait Treaty is a treaty between Australia and the Independent State of Papua New Guinea concerning sovereignty and maritime boundaries in the area between the 2 countries done at Sydney on 18 December 1978. A copy of the treaty is set out in Schedule 1 to the Torres Strait Fisheries Act 1984.
validate, in relation to a system of controls, means obtain evidence to demonstrate the effectiveness of the system of controls.
verify means apply methods, procedures, tests and other evaluations in addition to monitoring to determine whether a requirement has been, or is being, complied with.