Document ID: chunk:federal_register_of_legislation:F2023C00759:reg:3:p21
Version: federal_register_of_legislation:F2023C00759
Segment Type: reg
Provision Reference: reg 3 (pt 21/25)
Character Range: 215968–218874

of this instrument permitting the person to apply an official mark to prescribed plants or plant products.

Persons approved by the Secretary to apply official mark
 (3) Subsection (4) applies in relation to a person who, immediately before the commencement time, was approved by the Secretary under paragraph 13.18(3)(e) of the old Export Control (General) Order as a person who may apply an official mark in a specified registered establishment in relation to prescribed plants or plant products.
 (4) The person is taken, at the commencement time, to have been given a written approval by the Secretary under paragraph 8‑24(d) of this instrument to apply the official mark at the registered establishment in relation to prescribed plants or plant products.

Division 2—Official marking devices

12‑7  Person approved before commencement time to manufacture an official marking device
 (1) This section applies in relation to a person who, immediately before the commencement time, was a person approved by the Secretary under subsection 13.18(2) of the old Export Control (General) Order to manufacture an official marking device that is capable of being used to apply an official mark to prescribed plants or plant products.
 (2) The person is taken, at the commencement time, to have been given a written approval by the Secretary under paragraph 8‑32(b) of this instrument to manufacture the official marking device.

12‑8  Person approved before commencement time to possess an official marking device
 (1) This section applies in relation to a person who, immediately before the commencement time, was a person approved by the Secretary under subsection 13.18(2) of the old Export Control (General) Order to possess an official marking device that is capable of being used to apply an official mark to prescribed plants or plant products.
 (2) The person is taken, at the commencement time, to have been given a written approval by the Secretary under paragraph 8‑32(b) of this instrument to possess the official marking device.

Part 4—Powers and officials

Division 1—Assessments

12‑9  Declaration by authorised officer before commencement time that prescribed goods are passed as export compliant
 (1) This section applies if:
 (a) an authorised officer had declared a consignment of prescribed goods to be passed as export compliant:
 (i) under subsection 17.1 of the old Export Control (Plants) Order; or
 (ii) under the Export Control (Plants and Plant Products—Norfolk Island) Order 2016 (as in force immediately before the commencement time); and
 (b) the period (the export compliant period) during which the prescribed goods may remain passed as export compliant specified by the authorised officer, as extended by any additional period specified by the authorised officer, had not ended before the commencement time.
 (2) The declaration has effect after the commencement time as if the