Part 1
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Commonwealth legislation
This law governs export of prescribed plants and plant products (grains, hay/straw, fresh fruit/vegetables, nursery stock, cut flowers) from Australia, requiring accredited properties, registered establishments, shipping approvals, export permits and phytosanitary certificates, plus compliance, record‑keeping and inspections. It also extends to Norfolk Island.
It affects growers, exporters, vessel/container owners, facility managers and authorised officers. The rules protect biosecurity, meet importing countries’ requirements and safeguard Australia’s clean‑produce reputation; breaches carry offences or penalties.
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Direct links to the current provisions in Export Control (Plants and Plant Products) Rules 2021.
This instrument is the Export Control (Plants and Plant Products) Rules 2021.
This instrument is made under the Export Control Act 2020.
(1) For the purposes of subsection 8(2) of the Export Control Act 2020, that Act and this instrument, and the Regulatory Powers (Standard Provisions) Act 2014 as it applies in relation to the Export Control Act 2020 and this instrument, extend to: (a) Norfolk Island; and (b) the exclusive economic zone adjacent to Norfolk Island; and (c) the area that is on or in the continental shelf adjacent to Norfolk Island and is not within the exclusive economic zone adjacent to Norfolk Island.
Note: A reference to Australian territory in a provision of the Export Control Act 2020 or this instrument includes a reference to Norfolk Island, the area referred to in paragraph (b) of this subsection, and the waters above the area referred to in paragraph (c) of this subsection (see paragraphs 14(d) to (f) of the Act).
(2) To avoid doubt, the reference in subsection (1) to the Export Control Act 2020 does not include a reference to legislative instruments made under that Act.
General
This instrument prescribes matters and makes other provision in relation to certain plants and plant products (prescribed plants and plant products) for the purposes of the Export Control Act 2020 (the Act).
Prescribed plants or plant products must not be exported from Australian territory unless the conditions prescribed by this instrument (prescribed export conditions) are complied with. A person may commit an offence or be liable to a civil penalty if prescribed plants or plant products are exported in contravention of prescribed export conditions (see Division 4 of Part 1 of Chapter 2 of the Act).
This instrument prescribes other matters and makes other provision in relation to the export of plants and plant products, including in relation to the following:
(a) exemptions;
(b) government certificates;
(c) accredited properties;
(d) registered establishments;
(e) export permits;
(f) notices of intention to export;
(g) trade descriptions;
(h) official marks and official marking devices;
(i) audits;
(j) assessments;
(k) bulk vessel approvals and container approvals;
(l) records;
(m) samples;
(n) damaged or destroyed plants or plant products.
Extension to Norfolk Island
The Export Control Act 2020 and this instrument, and the Regulatory Powers (Standard Provisions) Act 2014 as it applies in relation to the Export Control Act 2020 and this instrument, extend to Norfolk Island and certain areas adjacent to Norfolk Island.
Structure of this instrument and Chapter numbering
This instrument is arranged in Chapters that have the same number and name as the corresponding Chapters in the Act. For example, the provisions of this instrument that are made for the purposes of Chapter 3—Accredited properties of the Act are included in Chapter 3—Accredited properties of this instrument. This means there are gaps in the Chapter numbering because there are no provisions for the purposes of some Chapters of the Act.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Australian territory;
(b) authorised officer;
(c) export;
(d) export operations;
(e) integrity;
(f) plant;
(g) prepare;
(h) produce;
(i) Regulatory Powers Act;
(j) third party authorised officer.
In this instrument:
accredited, in relation to a property, means accredited under Chapter 3 of the Act.
accredited marine surveyor means a person who is accredited, under subsection 11‑16(1), to carry out a bulk vessel survey for the purpose of deciding whether the vessel is suitable to transport prescribed plants or plant products to which subsection 9‑23(2) applies.
Accredited Properties (Prescribed Plants and Plant Products) 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.
accredited property means a property that is accredited for a kind of export operations in relation to a kind of prescribed plants or plant products.
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.
applicable tolerance level, for a kind of pest or contaminant in relation to a kind of plant or plant product for export to an importing country, means the tolerance level for that kind of pest or contaminant in relation to that kind of plant or plant product and importing country under section 9‑15.
applied, in relation to an official mark, has the meaning given by subsections 8‑21(1) and (2).
Note: For applied, in relation to a trade description, see section 247 of the Act.
assessment of plants or plant products means an assessment of plants or plant products under Part 2 of Chapter 9 of the Act.
Note: See also Part 2 of Chapter 9 of this instrument.
Australasian Institute of Marine Surveyors means the Australasian Institute of Marine Surveyors Limited (ACN 615 920 397).
bulk vessel means a vessel that is designed to be used to transport prescribed plants or plant products in bulk from Australian territory to a final overseas destination.
bulk vessel approval means an approval of the bulk vessel that is in force under Part 5 of Chapter 9.
cargo space of a bulk vessel means any area (including a hold or on a deck) of the vessel into or onto which it is intended to load plants or plant products that are to be exported.
container means a container (including a shipping container other than an airfreight container) that is:
(a) designed for use as a unit of cargo handling equipment in the transport of plants or plant products by a conveyance; and
(b) intended to be used for plants or plant products that require protection because they are not in small quantities in protective packaging.
container approval means an approval of the container that is in force under Part 6 of Chapter 9.
contaminant, in relation to plants or plant products, means any foreign matter (whether organic or inorganic, but not including a pest) that:
(a) is in, on or with the plants or plant products; or
(b) could come into contact with the plants or plant products while export operations are being carried out in relation to the plants or plant products.
Note 1: Examples of contaminants are carcases of vermin (including animal carcases), animal waste, seeds of plants, and residues (including soil, leaves and stems) of plants or plant products.
Note 2: Pest is defined in this section.
cut flowers includes processed cut flowers.
flowpath for plants or plant products includes the places, and any bins or other receptacles or elements of a transport system, at an establishment that are used to store or carry the plants or plant products.
fresh, in relation to fruits or vegetables, means fruits or vegetables that have not been canned, frozen, dried, or processed in any other way that changes their basic characteristics.
Note: Onions that have been cured to preserve their storage life are considered to be fresh as the curing does not change their basic characteristics.
fresh vegetables includes the following:
(a) herbs;
(b) mushrooms;
(c) cured onions;
(d) sprouts.
fumigation means:
(a) treatment with poisonous gas (but not including the use of contact insecticides propelled by carbon dioxide); or
(b) treatment by smoke generators, fogging or spraying.
hay and straw means a pasture or cereal plant (whether whole or after harvesting seed) that is cut and dried.
horticultural products means any of the following:
(a) fresh fruit;
(b) fresh vegetables;
(c) plant nursery stock;
(d) cut flowers;
(e) plant tissue culture.
imported plants or plant products means plants or plant products that were imported into Australian territory.
infest includes infect.
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.
marine surveyor’s certificate for a bulk vessel means a certificate for the vessel issued by an accredited marine surveyor that states the matters referred to in subparagraphs 11‑16(2)(b)(i) and (ii).
Note: A marine surveyor’s certificate is not a government certificate for the purposes of the Act.
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 some parts of the manual requires a password.
non‑prescribed plants or plant products means plants or plant products that are not prescribed goods under Division 1 of Part 1 of Chapter 2.
Note: Plants or plant products that are not prescribed goods under Division 1 of Part 1 of Chapter 2 may be prescribed goods under other rules made under section 432 of the Act (for example, rules relating to organic goods or wood).
package means any covering in which plants or plant products are packed.
package for export for plants or plant products means the package in which the plants or plant products are intended to be, or have been, exported.
person responsible means:
(a) for a bulk vessel:
(i) the owner of the bulk vessel or a person who is in possession or control of the bulk vessel; or
(ii) the exporter of plants or plant products that are intended to be, or that have been, loaded into or onto the bulk vessel; or
(b) for a container:
(i) the owner of the container or a person who is in possession or control of the container; or
(ii) the exporter of plants or plant products that are intended to be, or that have been, loaded into the container.
pest means:
(a) a live or viable species, strain or biotype of a plant or animal; or
(b) a pathogenic agent;
that has the potential to cause (either directly or indirectly) harm to human health, animal or plant health, the health of plant products, or the environment, but does not include a seed of a plant.
Note: Examples of pests are live animals and live insects.
phytosanitary certificate means a government certificate (other than a phytosanitary certificate for re‑export) in relation to plants or plant products issued under Division 3 of Part 3 of Chapter 2 of the Act in accordance with Article V of the International Plant Protection Convention.
Note: For International Plant Protection Convention, see section 12 of the Act.
phytosanitary certificate for re‑export means a government certificate in relation to imported plants or plant products issued under Division 3 of Part 3 of Chapter 2 of the Act in accordance with Article V of the International Plant Protection Convention for the purpose of re‑export of the plants or plant products.
Note: For International Plant Protection Convention, see section 12 of the Act.
prescribed grain has the meaning given by section 1‑7.
prescribed plant products means plant products that are prescribed goods under Division 1 of Part 1 of Chapter 2.
prescribed plants means plants that are prescribed goods under Division 1 of Part 1 of Chapter 2.
prescribed plants and plant products means plants and plant products that are prescribed goods under Division 1 of Part 1 of Chapter 2.
prescribed plants or plant products means plants or plant products that are prescribed goods under Division 1 of Part 1 of Chapter 2.
prescribed plants or plant products for consumption means prescribed plants or plant products that may be consumed by human beings or live animals with or without further processing.
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 a kind of prescribed plants or plant products.
relevant importing country authority means the authority or body that is responsible for regulating the importation of plants or plant 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.
small horticultural products registered establishment for a financial year has the meaning given by section 1‑8.
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).
treatment means any treatment that is useful or necessary to control or eradicate pests or remove contaminants.
Note: Examples: The following are examples of treatment:
(a) dismantling, repairing, cleaning or deodorising;
(b) applying a substance;
(c) fumigating;
(d) controlling the atmosphere or temperature;
(e) repacking.
validity period has the meaning given by subsection 9‑12(2).
(1) Prescribed grain means any of the following: (a) barley (being whole grain of Hordeum vulgare (whether 2‑row or 6‑row), but not including hulled, milled or malted grain of that kind); (b) canola (being whole seed of Brassica napus var; napus cv; “Canola”); (c) chickpeas (being seed (whole or split) of Cicer arietinum); (d) dried field peas (being 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 (being seed (whole or split) of Vicia faba); (f) lentils (being seed (whole or split) of Lens culinaris); (g) lupins (being seed (whole or split) of Lupinus angustifolius or Lupinus albus); (h) mung beans (being whole seeds of the species Vigna radiata or Vigna mungo); (i) oats (being 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 (being whole unmilled seed of Sorghum bicolor); (k) soybeans (being whole unmilled seed of Glycine max); (l) wheat (being whole unmilled grain of Triticum aestivum, Triticum durum or Triticum tauschii); (m) whole vetch (being seed (whole or broken) of Vicia sativa, but not including split seed of Vicia sativa).
Note: For the purposes of paragraph (m), split vetch that is split seed of Vicia sativa is prohibited from export absolutely (see section 23 of the Act).
(2) A reference to a species of plant in a paragraph of subsection (1) includes a reference to: (a) a synonym for the species; and (b) each cultivated subspecies, variety and cultivar of the species; and (c) each cross of which a plant of the species is a parent.
(1) A registered establishment is a small horticultural products registered establishment for a financial year if the requirements in this section are met in relation to the establishment in the financial year. (2) The registered establishment must be used in the financial year only for carrying out export operations in relation to one or more kinds of horticultural products (the relevant horticultural products) referred to in column 1 of the table in subsection (8). (3) The occupier of the registered establishment in the financial year must be the grower of the relevant horticultural products.
Note: The relevant horticultural products may be grown at the registered establishment or at another establishment or property.
(4) For the purposes of subsection (3), a person is a grower of relevant horticultural products if the person: (a) has a right to, or interest in, the horticultural products; and (b) contributes labour and capital to the production and preparation of the horticultural products. (5) The occupier of the registered establishment must not be the occupier of another registered establishment in the financial year. (6) The total amount of a kind of horticultural product referred to in column 1 of any of items 1 to 13 of the table in subsection (8) in relation to which export operations are to be carried out at the registered establishment in the financial year must not exceed the total amount referred to in column 2 of the item relating to that kind of horticultural product. (7) The total amount of all horticultural products referred to in column 1 of item 14 of the table in subsection (8) in relation to which export operations are to be carried out at the registered establishment in the financial year must not exceed the total amount referred to in column 2 of that item. (8) The following table sets out: (a) for the purposes of subsection (2)—kinds of horticultural products; and (b) for the purposes of subsections (6) and (7)—the total amounts (in tonnes) of those kinds of horticultural products in relation to which export operations may be carried out in the financial year.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Horticultural products and total amounts in relation to which export operations may be carried out in financial year</span></p></td></tr><tr><td style="width:8.68%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:52.4%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span><br><span>Horticultural products</span></p></td><td style="width:38.9%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span><br><span>Total amount (in tonnes)</span></p></td></tr></thead><tbody><tr><td style="width:8.68%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:52.4%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Apples or pears (or both)</span></p></td><td style="width:38.9%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>400</span></p></td></tr><tr><td style="width:8.68%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:52.4%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Citrus</span></p></td><td style="width:38.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>400</span></p></td></tr><tr><td style="width:8.68%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:52.4%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Stone fruit (except cherries)</span></p></td><td style="width:38.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>400</span></p></td></tr><tr><td style="width:8.68%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:52.4%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Table grapes</span></p></td><td style="width:38.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>400</span></p></td></tr><tr><td style="width:8.68%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:52.4%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Mangoes</span></p></td><td style="width:38.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>100</span></p></td></tr><tr><td style="width:8.68%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>6</span></p></td><td style="width:52.4%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Cherries</span></p></td><td style="width:38.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>30</span></p></td></tr><tr><td style="width:8.68%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>7</span></p></td><td style="width:52.4%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Melons</span></p></td><td style="width:38.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10</span></p></td></tr><tr><td style="width:8.68%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>8</span></p></td><td style="width:52.4%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Avocados</span></p></td><td style="width:38.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td></tr><tr><td style="width:8.68%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>9</span></p></td><td style="width:52.4%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Kiwifruit</span></p></td><td style="width:38.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td></tr><tr><td style="width:8.68%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10</span></p></td><td style="width:52.4%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Either, or both, of the following:</span></p><p class="Tablea"><span>(a) strawberries;</span></p><p class="Tablea"><span>(b) berries that are fruit of plants of the genus </span><span style="font-style:italic">Rubus</span><span> (for example, raspberries and blackberries)</span></p></td><td style="width:38.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td></tr><tr><td style="width:8.68%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>11</span></p></td><td style="width:52.4%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Leafy vegetables</span></p></td><td style="width:38.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>10</span></p></td></tr><tr><td style="width:8.68%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>12</span></p></td><td style="width:52.4%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Vegetables other than leafy vegetables</span></p></td><td style="width:38.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>100</span></p></td></tr><tr><td style="width:8.68%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>13</span></p></td><td style="width:52.4%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Cut flowers</span></p></td><td style="width:38.9%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td></tr><tr><td style="width:8.68%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>14</span></p></td><td style="width:52.4%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>All other kinds of horticultural products</span></p></td><td style="width:38.9%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td></tr></tbody></table>
(9) In the table in subsection (8):
apple means a fruit of any species of the genus Malus.
avocado means a fruit of the species Persea americana.
cherry means a fruit of the species Prunus avium.
citrus:
(a) means fruit of any species of the genus Citrus, the genus Fortunella or any plant originating as a result of hybridisation between, or within, either of these genera; and
(b) includes the fruit of plants commonly known as calamondin, citrons, cumquats, grapefruit, lemons, limes, mandarins, oranges, pummellos (pomelos), sevilles, tangelos, tangerines and tangors.
cut flowers includes processed cut flowers.
kiwifruit means a fruit of the species Actinidia deliciosa.
melon means fruit of any of the following species or varieties:
(a) Citrullus lanatus, commonly called watermelon;
(b) Cucumis melo, commonly called rockmelon;
(c) Cucumis melo var. cantalupensis, commonly called charentais melon;
(d) Cucumis melo var. inodorus, commonly called honeydew or piel de sapo;
(e) Cucumis melo var. makuwa, commonly called Korean melon;
(f) Cucumis melo var. reticulatus, commonly called galia melon or hami melon;
(g) Cucumis metuliferus, commonly called horned melon.
pear means a fruit of any species of the genus Pyrus, other than fruits of the species Pyrus pyrifolia (nashi).
stone fruit means a fruit:
(a) of the species Prunus domestica, Prunus salicina, Prunus besseyi, Prunus americana, Prunus nigra, Prunus munsoniana, Prunus insititia, Prunus cerasifera or Prunus spinosa, commonly called plum; or
(b) of the species Prunus armeniaca, commonly called apricot; or
(c) of the species Prunus persica, commonly called nectarine or peach.
strawberry means a fruit of the species Fragaria X Ananassa.
table grapes means fresh grapes other than fresh grapes that are prescribed goods on which levy is imposed under Schedule 13 or 26 to the Primary Industries (Excise) Levies Act 1999.
Chapter 2—Exporting goods
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Export Control (Plants and Plant Products) Rules 2021.
This instrument is made under the Export Control Act 2020.
(1) For the purposes of subsection 8(2) of the Export Control Act 2020, that Act and this instrument, and the Regulatory Powers (Standard Provisions) Act 2014 as it applies in relation to the Export Control Act 2020 and this instrument, extend to: (a) Norfolk Island; and (b) the exclusive economic zone adjacent to Norfolk Island; and (c) the area that is on or in the continental shelf adjacent to Norfolk Island and is not within the exclusive economic zone adjacent to Norfolk Island.
Note: A reference to Australian territory in a provision of the Export Control Act 2020 or this instrument includes a reference to Norfolk Island, the area referred to in paragraph (b) of this subsection, and the waters above the area referred to in paragraph (c) of this subsection (see paragraphs 14(d) to (f) of the Act).
(2) To avoid doubt, the reference in subsection (1) to the Export Control Act 2020 does not include a reference to legislative instruments made under that Act.
General
This instrument prescribes matters and makes other provision in relation to certain plants and plant products (prescribed plants and plant products) for the purposes of the Export Control Act 2020 (the Act).
Prescribed plants or plant products must not be exported from Australian territory unless the conditions prescribed by this instrument (prescribed export conditions) are complied with. A person may commit an offence or be liable to a civil penalty if prescribed plants or plant products are exported in contravention of prescribed export conditions (see Division 4 of Part 1 of Chapter 2 of the Act).
This instrument prescribes other matters and makes other provision in relation to the export of plants and plant products, including in relation to the following:
(a) exemptions;
(b) government certificates;
(c) accredited properties;
(d) registered establishments;
(e) export permits;
(f) notices of intention to export;
(g) trade descriptions;
(h) official marks and official marking devices;
(i) audits;
(j) assessments;
(k) bulk vessel approvals and container approvals;
(l) records;
(m) samples;
(n) damaged or destroyed plants or plant products.
Extension to Norfolk Island
The Export Control Act 2020 and this instrument, and the Regulatory Powers (Standard Provisions) Act 2014 as it applies in relation to the Export Control Act 2020 and this instrument, extend to Norfolk Island and certain areas adjacent to Norfolk Island.
Structure of this instrument and Chapter numbering
This instrument is arranged in Chapters that have the same number and name as the corresponding Chapters in the Act. For example, the provisions of this instrument that are made for the purposes of Chapter 3—Accredited properties of the Act are included in Chapter 3—Accredited properties of this instrument. This means there are gaps in the Chapter numbering because there are no provisions for the purposes of some Chapters of the Act.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Australian territory;
(b) authorised officer;
(c) export;
(d) export operations;
(e) integrity;
(f) plant;
(g) prepare;
(h) produce;
(i) Regulatory Powers Act;
(j) third party authorised officer.
In this instrument:
accredited, in relation to a property, means accredited under Chapter 3 of the Act.
accredited marine surveyor means a person who is accredited, under subsection 11‑16(1), to carry out a bulk vessel survey for the purpose of deciding whether the vessel is suitable to transport prescribed plants or plant products to which subsection 9‑23(2) applies.
Accredited Properties (Prescribed Plants and Plant Products) 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.
accredited property means a property that is accredited for a kind of export operations in relation to a kind of prescribed plants or plant products.
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.
applicable tolerance level, for a kind of pest or contaminant in relation to a kind of plant or plant product for export to an importing country, means the tolerance level for that kind of pest or contaminant in relation to that kind of plant or plant product and importing country under section 9‑15.
applied, in relation to an official mark, has the meaning given by subsections 8‑21(1) and (2).
Note: For applied, in relation to a trade description, see section 247 of the Act.
assessment of plants or plant products means an assessment of plants or plant products under Part 2 of Chapter 9 of the Act.
Note: See also Part 2 of Chapter 9 of this instrument.
Australasian Institute of Marine Surveyors means the Australasian Institute of Marine Surveyors Limited (ACN 615 920 397).
bulk vessel means a vessel that is designed to be used to transport prescribed plants or plant products in bulk from Australian territory to a final overseas destination.
bulk vessel approval means an approval of the bulk vessel that is in force under Part 5 of Chapter 9.
cargo space of a bulk vessel means any area (including a hold or on a deck) of the vessel into or onto which it is intended to load plants or plant products that are to be exported.
container means a container (including a shipping container other than an airfreight container) that is:
(a) designed for use as a unit of cargo handling equipment in the transport of plants or plant products by a conveyance; and
(b) intended to be used for plants or plant products that require protection because they are not in small quantities in protective packaging.
container approval means an approval of the container that is in force under Part 6 of Chapter 9.
contaminant, in relation to plants or plant products, means any foreign matter (whether organic or inorganic, but not including a pest) that:
(a) is in, on or with the plants or plant products; or
(b) could come into contact with the plants or plant products while export operations are being carried out in relation to the plants or plant products.
Note 1: Examples of contaminants are carcases of vermin (including animal carcases), animal waste, seeds of plants, and residues (including soil, leaves and stems) of plants or plant products.
Note 2: Pest is defined in this section.
cut flowers includes processed cut flowers.
flowpath for plants or plant products includes the places, and any bins or other receptacles or elements of a transport system, at an establishment that are used to store or carry the plants or plant products.
fresh, in relation to fruits or vegetables, means fruits or vegetables that have not been canned, frozen, dried, or processed in any other way that changes their basic characteristics.
Note: Onions that have been cured to preserve their storage life are considered to be fresh as the curing does not change their basic characteristics.
fresh vegetables includes the following:
(a) herbs;
(b) mushrooms;
(c) cured onions;
(d) sprouts.
fumigation means:
(a) treatment with poisonous gas (but not including the use of contact insecticides propelled by carbon dioxide); or
(b) treatment by smoke generators, fogging or spraying.
hay and straw means a pasture or cereal plant (whether whole or after harvesting seed) that is cut and dried.
horticultural products means any of the following:
(a) fresh fruit;
(b) fresh vegetables;
(c) plant nursery stock;
(d) cut flowers;
(e) plant tissue culture.
imported plants or plant products means plants or plant products that were imported into Australian territory.
infest includes infect.
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.
marine surveyor’s certificate for a bulk vessel means a certificate for the vessel issued by an accredited marine surveyor that states the matters referred to in subparagraphs 11‑16(2)(b)(i) and (ii).
Note: A marine surveyor’s certificate is not a government certificate for the purposes of the Act.
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 some parts of the manual requires a password.
non‑prescribed plants or plant products means plants or plant products that are not prescribed goods under Division 1 of Part 1 of Chapter 2.
Note: Plants or plant products that are not prescribed goods under Division 1 of Part 1 of Chapter 2 may be prescribed goods under other rules made under section 432 of the Act (for example, rules relating to organic goods or wood).
package means any covering in which plants or plant products are packed.
package for export for plants or plant products means the package in which the plants or plant products are intended to be, or have been, exported.
person responsible means:
(a) for a bulk vessel:
(i) the owner of the bulk vessel or a person who is in possession or control of the bulk vessel; or
(ii) the exporter of plants or plant products that are intended to be, or that have been, loaded into or onto the bulk vessel; or
(b) for a container:
(i) the owner of the container or a person who is in possession or control of the container; or
(ii) the exporter of plants or plant products that are intended to be, or that have been, loaded into the container.
pest means:
(a) a live or viable species, strain or biotype of a plant or animal; or
(b) a pathogenic agent;
that has the potential to cause (either directly or indirectly) harm to human health, animal or plant health, the health of plant products, or the environment, but does not include a seed of a plant.
Note: Examples of pests are live animals and live insects.
phytosanitary certificate means a government certificate (other than a phytosanitary certificate for re‑export) in relation to plants or plant products issued under Division 3 of Part 3 of Chapter 2 of the Act in accordance with Article V of the International Plant Protection Convention.
Note: For International Plant Protection Convention, see section 12 of the Act.
phytosanitary certificate for re‑export means a government certificate in relation to imported plants or plant products issued under Division 3 of Part 3 of Chapter 2 of the Act in accordance with Article V of the International Plant Protection Convention for the purpose of re‑export of the plants or plant products.
Note: For International Plant Protection Convention, see section 12 of the Act.
prescribed grain has the meaning given by section 1‑7.
prescribed plant products means plant products that are prescribed goods under Division 1 of Part 1 of Chapter 2.
prescribed plants means plants that are prescribed goods under Division 1 of Part 1 of Chapter 2.
prescribed plants and plant products means plants and plant products that are prescribed goods under Division 1 of Part 1 of Chapter 2.
prescribed plants or plant products means plants or plant products that are prescribed goods under Division 1 of Part 1 of Chapter 2.
prescribed plants or plant products for consumption means prescribed plants or plant products that may be consumed by human beings or live animals with or without further processing.
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 a kind of prescribed plants or plant products.
relevant importing country authority means the authority or body that is responsible for regulating the importation of plants or plant 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.
small horticultural products registered establishment for a financial year has the meaning given by section 1‑8.
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).
treatment means any treatment that is useful or necessary to control or eradicate pests or remove contaminants.
Note: Examples: The following are examples of treatment:
(a) dismantling, repairing, cleaning or deodorising;
(b) applying a substance;
(c) fumigating;
(d) controlling the atmosphere or temperature;
(e) repacking.
validity period has the meaning given by subsection 9‑12(2).
(1) Prescribed grain means any of the following: (a) barley (being whole grain of Hordeum vulgare (whether 2‑row or 6‑row), but not including hulled, milled or malted grain of that kind); (b) canola (being whole seed of Brassica napus var; napus cv; “Canola”); (c) chickpeas (being seed (whole or split) of Cicer arietinum); (d) dried field peas (being 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 (being seed (whole or split) of Vicia faba); (f) lentils (being seed (whole or split) of Lens culinaris); (g) lupins (being seed (whole or split) of Lupinus angustifolius or Lupinus albus); (h) mung beans (being whole seeds of the species Vigna radiata or Vigna mungo); (i) oats (being 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 (being whole unmilled seed of Sorghum bicolor); (k) soybeans (being whole unmilled seed of Glycine max); (l) wheat (being whole unmilled grain of Triticum aestivum, Triticum durum or Triticum tauschii); (m) whole vetch (being seed (whole or broken) of Vicia sativa, but not including split seed of Vicia sativa).
Note: For the purposes of paragraph (m), split vetch that is s
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