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.
(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:
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).