Document ID: chunk:federal_register_of_legislation:F2023C00759:reg:3:p18
Version: federal_register_of_legislation:F2023C00759
Segment Type: reg
Provision Reference: reg 3 (pt 18/25)
Character Range: 208085–210977

variation is appropriate; and
 (b) the variation does not reduce the amount of any relevant Commonwealth liability covered by the undertaking that has not been paid.

Part 5—Miscellaneous

11‑16  Accredited marine surveyors and marine surveyor's certificates

Accredited marine surveyors
 (1) For the purposes of this instrument, a person is accredited to carry out a survey of a bulk vessel (a bulk vessel survey) at a time (the relevant time) for the purpose of deciding whether the vessel is suitable to transport prescribed plants or plant products to which subsection 9‑23(2) applies if, at the relevant time, the person is accredited by the Australasian Institute of Marine Surveyors for that purpose.

Requirements for issuing marine surveyor's certificate
 (2) For the purposes of this instrument, an accredited marine surveyor may issue a certificate for a bulk vessel that is to be used to transport prescribed plants or plant products to which subsection 9‑23(2) applies, if:
 (a) the accredited marine surveyor has carried out a survey of the vessel, including of the cargo spaces into or onto which prescribed plants or plant products of that kind are intended to be loaded; and
 (b) the accredited marine surveyor is satisfied that:
 (i) the vessel is free of conditions that could result in contaminating, wetting or imparting an odour to prescribed plants or plant products of that kind transported in or on the vessel; and
 (ii) the vessel, including the cargo spaces of the vessel into or onto which prescribed plants or plant products of that kind are intended to be loaded, is suitable to transport prescribed plants or plant products of that kind.

Transitional
 (3) For the purposes of this instrument, a marine surveyor's certificate for a bulk vessel that was in force immediately before 1 July 2023 continues in force on and after that date as if it had been issued by an accredited marine surveyor.
 (4) Subsection (3) and this subsection are repealed at the end of 30 June 2024.

Chapter 12—Transitional provisions

Part 1—Preliminary

12‑1  Definitions
  In this Chapter:
commencement time means the time when section 3 of the Export Control Act 2020 commences.
old Export Control (General) Order means the Export Control (Prescribed Goods—General) Order 2005, as in force immediately before the commencement time.
old Export Control (Plants) Order means the Export Control (Plants and Plant Products) Order 2011, as in force immediately before the commencement time.

Part 2—Registered establishments

12‑2  Application for determination that establishment is a small horticultural products registered establishment for a financial year

Application for determination
 (1) This section applies if:
 (a) an application had been made to the Secretary under subsection 13A(1) of the old Export Control (Plants) Order for a determination under subsection 13A(6)