Document ID: chunk:federal_register_of_legislation:F2023C00759:reg:3:p1
Version: federal_register_of_legislation:F2023C00759
Segment Type: reg
Provision Reference: reg 3 (pt 1/25)
Character Range: 164195–168165

3                                                                             Either of the following:                                                                                                                                                                                                                                                                                                                           Any of the following:
                                                                              (a) a person responsible for a bulk vessel;                                                                                                                                                                                                                                                                                                        (a) a marine surveyor's certificate for the vessel was not issued by an accredited marine surveyor, or was obtained fraudulently;
                                                                              (b) if a bulk vessel is at a registered establishment and the occupier of the establishment, or another person who manages or controls export operations at the establishment, is not a person responsible for the bulk vessel—the occupier of the establishment or another person who manages or controls export operations at the establishment  (b) the requirements in paragraph 9‑23(1)(a) or (b) are not continuing to be met in relation to the vessel;
                                                                                                                                                                                                                                                                                                                                                                                                                                 (c) a species of the genus Trogoderma is detected in or on the vessel

Part 5—Bulk vessel approvals

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