Document ID: chunk:federal_register_of_legislation:F2023C00759:reg:3:p9
Version: federal_register_of_legislation:F2023C00759
Segment Type: reg
Provision Reference: reg 3 (pt 9/15)
Character Range: 142164–144838

which the plants or plant products have been, are being, or are to be loaded, to the assessor.
Note 1: Prescribed plants or plant products must not be loaded into or onto a bulk vessel unless a bulk vessel approval, covering the cargo spaces of the vessel into or onto which the prescribed plants or plant products are to be loaded, is in force for the bulk vessel (see section 4‑12).
Note 2: For the relevant person for an assessment, see section 278 of the Act and section 9‑6 of this instrument.

Container approval
 (2) If:
 (a) an assessment of prescribed plants or plant products that are to be transported in a container is being carried out; and
 (b) the container is present at the assessment;
the relevant person for the assessment must give a container approval for the container to the assessor.
Note 1: Prescribed plants or plant products must not be loaded into a container unless a container approval is in force for the container (see section 4‑13).
Note 2: For the relevant person for an assessment, see section 278 of the Act and section 9‑6 of this instrument.

9‑10  Criteria for deciding whether plants or plant products pass assessment
 (1) An assessor may decide that plants or plant products pass an assessment in relation to a matter referred to in subsection 277(3) of the Act if the assessor verifies that matter in relation to the plants or plant products.
Note: The assessor may decide that a validity period for the plants or plant products applies (see subsection 9‑12(1)).
 (2) An assessor must not decide that plants or plant products pass an assessment unless:
 (a) for an assessment of prescribed plants or plant products:
 (i) the assessment was carried out in accordance with section 9‑8; and
 (ii) the relevant person for the assessment complied with the applicable requirements (if any) in section 9‑9; and
 (b) the flowpath for the plants or plant products has been passed (see subsection (3)); and
 (c) the assessor reasonably believes that:
 (i) the plants or plant products contain no pests or contaminants above the applicable tolerance level; and
 (ii) the integrity of the plants or plant products can be ensured; and
 (d) for an assessment of prescribed plants or plant products that are packed into packages for export, or that are intended to be packed into packages for export—the packages for export meet the requirements in subsections 4‑11(2) to (5).

Flowpath
 (3) A 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