Document ID: chunk:federal_register_of_legislation:F2023C00759:reg:14:p3
Version: federal_register_of_legislation:F2023C00759
Segment Type: reg
Provision Reference: reg 14 (pt 3/4)
Character Range: 45853–48560

Act.
 (3) The following plants and plant products:
 (a) hay and straw;
 (b) fresh fruit;
 (c) fresh vegetables;
are taken not to be prescribed goods for the purposes of the Act if:
 (d) the plants or plant products are intended to be exported to New Zealand; and
 (e) a phytosanitary certificate, or a phytosanitary certificate for re‑export, in relation to the plants or plant products is not required to meet importing country requirements.
 (4) Plants and plant products are taken not to be prescribed goods for the purposes of the Act if the plants or plant products:
 (a) are stores for the use of passengers and crew on an aircraft or a vessel on a flight or voyage from Australian territory; or
 (b) are for the service of an aircraft or a vessel on a flight or voyage from Australian territory; or
 (c) are imported into Australian territory and held in bond at all times before being exported; or
 (d) are imported into Australian territory and then exported in the same covering in which, and with the same trade description with which, they were imported; or
 (e) are consigned to an external Territory for consumption in that Territory; or
 (f) are consigned to a resources industry structure that is installed in any of the following areas, for consumption on the structure:
 (i) the Greater Sunrise special regime area within the meaning of the Seas and Submerged Lands Act 1973;
 (ii) the Greater Sunrise pipeline international offshore area within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006;
 (iii) the area in or above the Bayu‑Undan Gas Field within the meaning of the Timor Sea Maritime Boundaries Treaty;
 (iv) the Bayu‑Undan pipeline international offshore area within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006;
 (v) the area in or above the Kitan Oil Field within the meaning of the Timor Sea Maritime Boundaries Treaty;
 (g) are exported in a consignment of not more than:
 (i) if the plants or plant products are in liquid form—10 litres; or
 (ii) in any other case—10 kilograms.
Note 1: Plants and plant products covered by subsection (2) or (4) are taken not to be prescribed goods for the purposes of the Act (and therefore to be non‑prescribed goods) even if a phytosanitary certificate, or a phytosanitary certificate for re‑export, is required to meet importing country requirements relating to the plants or plant products.
Note 2: For the purposes of paragraph (4)(f), a resources industry structure that is not installed is taken to be a vessel (see the Sea Installations Act 1987).

Division 2—Prohibited export and prescribed export conditions

2‑3  Purpose and application of this Division
 (1) This Division