Document ID: chunk:federal_register_of_legislation:F2023C00759:reg:5:p3
Version: federal_register_of_legislation:F2023C00759
Segment Type: reg
Provision Reference: reg 5 (pt 3/26)
Character Range: 57702–60502

Secretary (see paragraph 63(1)(b) of the Act).
Note 2: An exporter who applies for a government certificate in relation to prescribed plants or plant products must retain certain records for at least 2 years (see subsections 11‑5(1) and (2) of this instrument).

2‑11  Phytosanitary certificate, or phytosanitary certificate for re‑export, may be issued in relation to non‑prescribed plants or plant products
  For the purposes of subsections 62(1) and (2) of the Act, a phytosanitary certificate, or a phytosanitary certificate for re‑export, may be issued in relation to non‑prescribed plants or plant products that are to be, or that have been, exported.
Note 1: The issuing body for the certificate is the Secretary (see paragraph 63(1)(b) of the Act).
Note 2: A person to whom a phytosanitary certificate, or a phytosanitary certificate for re‑export, in relation to non‑prescribed plants or plant products is issued must retain certain records for at least 2 years (see subsections 11‑5(3) and (4) of this instrument).

Division 2—Phytosanitary certificates and phytosanitary certificates for re‑export

2‑12  When phytosanitary certificate, or phytosanitary certificate for re‑export, in relation to prescribed plants or plant products may be issued

Phytosanitary certificates—plants or plant products that are to be exported
 (1) For the purposes of subsections 62(1) and (2) of the Act, a phytosanitary certificate may be issued in relation to prescribed plants or plant products that are to be exported if:
 (a) an export permit for the plants or plant products is in force and is not suspended; and
 (b) an assessment of the plants or plant products has been carried out.

Phytosanitary certificates—plants or plant products that have been exported
 (2) For the purposes of subsections 62(1) and (2) of the Act, a phytosanitary certificate may be issued in relation to prescribed plants or plant products that have been exported if:
 (a) an export permit for the plants or plant products was in force, and was not suspended, at the time the plants or plant products were exported; and
 (b) an assessment of the plants or plant products had been carried out before the plants or plant products were exported.
Note: Section 20 of the Act provides for when goods are exported for the purposes of the Act.

Phytosanitary certificates for re‑export in relation to imported plants or plant products
 (3) For the purposes of subsections 62(1) and (2) of the Act, a phytosanitary certificate for re‑export may be issued in relation to prescribed plants or plant products that are to be, or that have been, exported if:
 (a) the plants or plant products consist of imported plants or plant products only; and
 (b) an export permit for the plants or plant products is in force and is not suspended;