Document ID: chunk:federal_register_of_legislation:F2023C00759:reg:3:p10
Version: federal_register_of_legislation:F2023C00759
Segment Type: reg
Provision Reference: reg 3 (pt 10/15)
Character Range: 144585–147328

flowpath for plants or plant products must not be passed unless an assessor reasonably believes that:
 (a) the flowpath contains no pests or contaminants above the applicable tolerance level; and
 (b) the integrity of the plants or plant products stored or carried on the flowpath can be ensured.
Note: See section 9‑15 for applicable tolerance levels for pests and contaminants.

9‑11  Reassessment after failed assessment
 (1) If plants or plant products fail an assessment (the failed assessment), the plants or plant products must not be presented for another assessment (a reassessment) unless the reason for the failed assessment has been rectified.
 (2) If the reason for the failed assessment was because pests or contaminants above the applicable tolerance level were detected on the plants or plant products or in or on the flowpath for the plants or plant products, the relevant person for the failed assessment must ensure that the plants or plant products or the flowpath (depending on where the pests or contaminants were detected) is treated using a method that:
 (a) is effective to reduce the pests or contaminants to no higher than the applicable tolerance level; and
 (b) meets importing country requirements relating to the plants or plant products.
 (3) If the plants or plant products are required to be treated under subsection (2) and the exporter of the plants or plant products is not the relevant person for the failed assessment, the exporter of the plants or plant products must agree to the method of treatment to be used.
Note: The relevant person for the failed assessment may be the occupier of the registered establishment where operations to prepare the plants or plant products for export were carried out.

9‑12  Validity period for plants or plant products
 (1) If plants or plant products pass an assessment, an assessor may, if the assessor considers it appropriate to do so, having regard to either or both of the following:
 (a) the kind of plants or plant products and the importing country;
 (b) the export operations carried out in relation to the kind of plants or plant products;
decide that a validity period for the plants or plant products applies.
 (2) Subject to subsection (4), the validity period for the plants or plant products that applies is:
 (a) 28 days starting on the day the plants or plant products passed the assessment; or
 (b) if the Secretary has approved, under subsection (3), a different validity period for the plants or plant products—the approved period; or
 (c) if the validity period for the plants or plant products is extended under section 9‑13—the extended period.
Note: An export permit for prescribed plants or plant products for which a validity period applies