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 1/15)
Character Range: 122875–125601

3                                        Height of letter "E"  10                     3                     3

Division 2—General rules relating to official marks

8‑20  Purpose of this Division
  For the purposes of subsection 255(2) of the Act, this Division makes provision for and in relation to certain matters relating to official marks specified in Division 1 of this Part for plants or plant products that are intended to be exported.
Note: A person may commit an offence or be liable to a civil penalty if the person engages in conduct that contravenes a provision in this Division (see section 258 of the Act). Other provisions in Division 3 of Part 3 of Chapter 8 of the Act provide offences and civil penalty provisions relating to false, misleading or deceptive official marks.

8‑21  Interpretation

When an official mark is applied to plants or plant products
 (1) For the purposes of this instrument, an official mark is applied to plants or plant products if the official mark is:
 (a) applied directly to the plants or plant products, their packaging or any covering containing the plants or plant products; or
 (b) applied to anything attached to the plants or plant products, their packaging or any covering containing the plants or plant products; or
 (c) inserted into anything in which the plants or plant products are packaged or any covering containing the plants or plant products.
 (2) For the purposes of this instrument and without limiting subsection (1):
 (a) a bolt seal is applied to plants or plant products if the bolt seal is applied to a unit of cargo handling equipment into which the plants or plant products have been loaded; and
 (b) the official mark specified in section 8‑18 (Australian Government) is applied to plants or plant products if the official mark is applied to a government certificate that has been issued in relation to the plants or plant products.

References to particular official marks
 (3) In this Division, a reference to a particular official mark is a reference to the official mark with that description specified in Division 1 of this Part.

8‑22  Persons who may manufacture official marks for plants or plant products
  A person may manufacture a kind of official mark for plants or plant products only if the Secretary has given the person a written approval to manufacture that kind of official mark.

8‑23  Persons who may possess official marks that have not been applied to plants or plant products
  A person may possess a kind of official mark for plants or plant products that has not been applied to any plants or plant products only if:
 (a) the person is permitted by section 8‑22 to manufacture official marks of that kind; or
 (b) the person