Document ID: chunk:federal_register_of_legislation:F2021L00317:reg:4:p1
Version: federal_register_of_legislation:F2021L00317
Segment Type: reg
Provision Reference: reg 4 (pt 1/53)
Character Range: 47155–49956

4                                                                  Export permit
                                                                   The exporter of the fish or fish products must hold an export permit for the fish or fish products and the export permit must be in force and not suspended at the time the fish or fish products are exported.

Note 1: Other conditions may apply in addition to the conditions set out in the above table. For example, prescribed fish products described as biodynamic may also be prescribed organic goods under the Export Control (Organic Goods) Rules 2021. The export for food of the fish products would also be subject to export conditions prescribed by that instrument.
Note 2: A person may commit an offence or be liable to a civil penalty if prescribed goods are exported in contravention of prescribed export conditions (see Division 4 of Part 1 of Chapter 2 of the Act).
Note 3: The occupier of a registered establishment may commit an offence or be liable to a civil penalty if export operations in relation to which registration of the establishment has been suspended are carried out while the registration is suspended (see section 136 of the Act).
Note 4: The holder of an approved arrangement may commit an offence or be liable to a civil penalty if export operations in relation to which an approved arrangement has been suspended are carried out while the arrangement is suspended (see section 177 of the Act).
Note 5: An export permit that is suspended under subsection 231(1) of the Act remains in force while it is suspended. However, while the permit is suspended, it does not authorise the export of the goods for which it was issued (see subsection 232(2) of the Act).
 (2) This subsection applies to operations to prepare prescribed fish for export that are carried out on a catcher boat.
 (3) This subsection applies to the following operations to prepare prescribed fish or fish products for export if the operations are carried out at an establishment where no other operations to prepare prescribed fish or fish products for export are carried out:
 (a) relaying shellfish;
 (b) in relation to fish grown at the establishment, one or more of the following:
 (i) taking, holding, killing or dismembering the fish (except holding in wet storage, depurating or shucking shellfish);
 (ii) sorting or grading the fish;
 (iii) chilling, icing, freezing or salting the fish;
 (c) washing fish, using:
 (i) in relation to shellfish—water sourced from an area that is in an open status and meets the Approved classification criteria of the Australian Shellfish Export Standards; or
 (ii) in relation to any other fish—clean sea water that does not adversely affect the fitness for human consumption of the fish.
Note 1: Take, in relation to