Document ID: chunk:federal_register_of_legislation:F2021L00312:reg:3:p2
Version: federal_register_of_legislation:F2021L00312
Segment Type: reg
Provision Reference: reg 3 (pt 2/47)
Character Range: 42454–45147

Division 1 of Part 1 of this Chapter in relation to goods that are prescribed eggs and egg products.
Note 2: Eggs and egg products are taken not to be prescribed goods in the circumstances prescribed by section 2‑2 of this instrument (see the definition of prescribed goods in section 12 of the Act).

2‑6  Prescribed circumstance—testing the market
  For the purposes of paragraph 52(1)(e) of the Act, the circumstance that the relevant goods are to be exported for the purpose of testing the market for the goods is prescribed.

2‑7  Prescribed meaning—commercial sample
  For the purposes of paragraph 52(2)(a) of the Act, the following meaning is prescribed for the purposes of subsection 52(1) of the Act:
commercial sample of relevant goods means a quantity of the goods, for use as a sample for commercial purposes, not exceeding:
 (a) in the case of liquid—50 litres; and
 (b) in any other case—60 kilograms.

2‑8  Period for making application for exemption
  For the purposes of subparagraph 53(3)(f)(i) of the Act, the period within which an application for an exemption in relation to relevant goods must be made is the period of 120 days ending on the day that is 10 business days before the following:
 (a) if operations to prepare the relevant goods for export have started—the date it is proposed to export the relevant goods;
 (b) in any other case—the date it is proposed to start carrying out operations to prepare the relevant goods for export.
Note 1: The Secretary may allow a different period (see subparagraph 53(3)(f)(ii) of the Act).
Note 2: An application for an exemption must comply with the requirements in subsection 53(3) of the Act.

2‑9  Conditions of exemption—matters to which Secretary must have regard
  For the purposes of subsection 55(2) of the Act, a matter to which the Secretary must have regard is whether imposing a condition on an exemption in relation to relevant goods will ensure that one or more objects of the Act will be met in relation to the goods.
Note: An exemption in relation to relevant goods may be subject to any conditions that the Secretary considers necessary (see subsection 55(1) of the Act). For example, an exemption may be made subject to a limit on the number of consignments that may be exported, or to any condition relevant to registration of an establishment or approval of an arrangement that ensures relevant goods are fit for human consumption.

2‑10  Instrument of exemption
  For the purposes of paragraph 56(1)(h) of the Act, an instrument of exemption in relation to relevant goods that are to be exported in the circumstance prescribed by section 2‑6 of this instrument (testing the market) must state a unique