2‑2 Plants and plant products that are t2‑2 Plants and plant products that are taken not to be prescribed goods

2‑2 Plants and plant products that are taken not to be prescribed goods

(1) For the purposes of subsection 28(4) of the Act, this section prescribes circumstances in which plants and plant products covered by subsection 2‑1(1) or (2) of this instrument are taken not to be prescribed goods for the purposes of the Act.

Note: Plants and plant products that are taken not to be prescribed goods for the purposes of the Act under this section are non‑prescribed goods (see the definitions of prescribed goods and non‑prescribed goods in section 12 of the Act). If a phytosanitary certificate, or a phytosanitary certificate for re‑export, in relation to plants or plant products that are non‑prescribed goods is required to meet an importing country requirement relating to the plants or plant products, a person may apply for the certificate under Division 3 of Part 3 of Chapter 2 of the Act. See also Division 2 of Part 3 of this Chapter.

(2) Plants and plant products that are intended to be exported from Norfolk Island, or an area prescribed by paragraph 1‑4(1)(b) or (c) of this instrument, are taken not to be prescribed goods for the purposes of the Act. (3) The following plants and plant products: (a) hay and straw; (b) fresh fruit; (c) fresh vegetables; are taken not to be prescribed goods for the purposes of the Act if: (d) the plants or plant products are intended to be exported to New Zealand; and (e) a phytosanitary certificate, or a phytosanitary certificate for re‑export, in relation to the plants or plant products is not required to meet importing country requirements. (4) Plants and plant products are taken not to be prescribed goods for the purposes of the Act if the plants or plant products: (a) are stores for the use of passengers and crew on an aircraft or a vessel on a flight or voyage from Australian territory; or (b) are for the service of an aircraft or a vessel on a flight or voyage from Australian territory; or (c) are imported into Australian territory and held in bond at all times before being exported; or (d) are imported into Australian territory and then exported in the same covering in which, and with the same trade description with which, they were imported; or (e) are consigned to an external Territory for consumption in that Territory; or (f) are consigned to a resources industry structure that is installed in any of the following areas, for consumption on the structure: (i) the Greater Sunrise special regime area within the meaning of the Seas and Submerged Lands Act 1973; (ii) the Greater Sunrise pipeline international offshore area within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; (iii) the area in or above the Bayu‑Undan Gas Field within the meaning of the Timor Sea Maritime Boundaries Treaty; (iv) the Bayu‑Undan pipeline international offshore area within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; (v) the area in or above the Kitan Oil Field within the meaning of the Timor Sea Maritime Boundaries Treaty; (g) are exported in a consignment of not more than: (i) if the plants or plant products are in liquid form—10 litres; or (ii) in any other case—10 kilograms.