Export Control (Plants and Plant Products) Rules 2021
9‑22 Authorised officer may approve bulk9‑22 Authorised officer may approve bulk vessel
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9‑22 Authorised officer may approve bulk vessel
(1) An authorised officer may approve a bulk vessel.
Note 1: An authorised officer may only perform functions or exercise powers conferred on an authorised officer by the Act that are specified in the authorised officer’s instrument of authorisation (see subsection 301(1) of the Act).
Note 2: An authorised officer must not approve a bulk vessel in certain circumstances (see section 9‑23).
Bulk vessel inspection (2) For the purpose of deciding whether to approve a bulk vessel, an authorised officer must inspect: (a) each cargo space of the vessel into or onto which prescribed plants or plant products are to be loaded; and (b) each other area of the vessel that could contain pests or contaminants that could affect the integrity of prescribed plants or plant products loaded into or onto the vessel; and (c) materials and other cargo in or on the vessel, or to be loaded into or onto the vessel, that could: (i) contain pests or contaminants; or (ii) affect the integrity of prescribed plants or plant products loaded into or onto the vessel. (2A) An authorised officer may make a video recording of an inspection of a bulk vessel carried out by the authorised officer under subsection (2).
Note: A third party authorised officer who carries out an inspection of a bulk vessel under subsection (2) must make a video recording of the inspection (see section 9‑19A).
(3) An inspection may be carried out at: (a) any berth; or (b) any other anchorage that the Secretary considers is suitable for the inspection. (4) An authorised officer need not: (a) inspect wet stores or refrigerated or cold stores in or on the bulk vessel unless an authorised officer reasonably believes that these areas may have become infested by pests; or (b) inspect areas in or on the vessel where stores are handled or food is prepared unless substantial pest infestation, or pests suspected to be a species of the genus Trogoderma, were detected in the course of inspecting dry stores in or on the vessel. Other powers that may be exercised for the purpose of deciding whether to approve bulk vessel (5) In addition to carrying out an inspection under subsection (2), an authorised officer may do any other thing an authorised officer considers necessary for the purpose of deciding whether to approve the bulk vessel, including: (a) requesting a person who an authorised officer reasonably believes has relevant information or documents to answer questions, provide information in writing or produce the documents; and (b) requesting a person who an authorised officer considers may be able to provide facilities or assistance to an authorised officer in carrying out an inspection, to provide those facilities or that assistance.