Document ID: chunk:federal_register_of_legislation:F2023C00759:reg:5:p1
Version: federal_register_of_legislation:F2023C00759
Segment Type: reg
Provision Reference: reg 5 (pt 1/26)
Character Range: 52678–55525

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

Note 1: A trade description must be applied to prescribed plants or plant products that are intended to be exported from Australian territory (see section 8‑6).
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).

When plants or plant products are covered by the Accredited Properties (Prescribed Plants and Plant Products) List
 (2) For the purposes of item 1 of the table in subsection (1), plants or plant products are covered by the Accredited Properties (Prescribed Plants and Plant Products) List in relation to an importing country and a kind of export operations if:
 (a) the plants or plant products are listed in that List in relation to that importing country and export operations of that kind; and
 (b) the plants or plant products are not covered by an exception in that List in relation to that importing country and export operations of that kind.

Exceptions from condition requiring preparation at registered establishment
 (3) This subsection applies in relation to the following operations to prepare prescribed plants or plant products for export:
 (a) operations to prepare the plants or plant products for export that were carried out at an accredited property;
 (b) if the plants or plant products are imported plants or plant products—operations to prepare the plants or plant products for export that were carried out outside Australian territory before the plants or plant products were imported into Australian territory.

Part 2—Exemptions

2‑5  Application of this Part
  This Part applies in relation to prescribed plants or plant products (in this Part called relevant goods).
Note 1: See Division 1 of Part 1 of this Chapter in relation to goods that are prescribed plants or plant products.
Note 2: Plants and plant products are taken not to be prescribed goods in the circumstances prescribed by section 2‑2 (see the definition of prescribed goods in section 12 of the Act).

2‑6  Period for making application for exemption
  For the purposes of subparagraph 53(3)(f)(i) of the Act, the period within which an application for an exemption in relation to relevant goods must be made is:
 (a) for an exemption in relation to operations to produce or prepare the relevant goods for export—the period of 120 days ending on the day that is 10 business days before:
 (i) if the operations