Document ID: chunk:federal_register_of_legislation:F2021L00304:reg:3:p1
Version: federal_register_of_legislation:F2021L00304
Segment Type: reg
Provision Reference: reg 3 (pt 1/47)
Character Range: 41400–44153

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

Note 1: Other conditions may apply in addition to the conditions set out in the above table. For example prescribed milk products described as biodynamic may also be prescribed organic goods under the Export Control (Organic Goods) Rules 2021. The export for food of the milk products would also be subject to export conditions prescribed by that instrument.
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).
Note 3: The occupier of a registered establishment may commit an offence or be liable to a civil penalty if export operations in relation to which registration of the establishment has been suspended are carried out while the registration is suspended (see section 136 of the Act).
Note 4: The holder of an approved arrangement may commit an offence or be liable to a civil penalty if export operations in relation to which an approved arrangement has been suspended are carried out while the arrangement is suspended (see section 177 of the Act).
Note 5: An export permit that is suspended under subsection 231(1) of the Act remains in force while it is suspended. However, while the permit is suspended, it does not authorise the export of the goods for which it was issued (see subsection 232(2) of the Act).
 (2) This subsection applies to operations to store or chill unpasteurised milk that are carried out at an establishment where no other operations to prepare prescribed milk or milk products for export are carried out.
Note 1: All other operations to prepare the milk for export (for example, pasteurisation) must be carried out at a registered establishment, and an approved arrangement covering those operations must be in force, as required by items 1 and 2 of the table in subsection (1) (unless an exemption is in force in relation to the milk under Part 2 of Chapter 2 of the Act).
Note 2: For pasteurisation and other treatment requirements in relation to prescribed milk, prescribed milk products that are liquid milk products, and milk or liquid milk products used in the manufacture of cheese, see section 5‑19.

Part 2—Exemptions

2‑5  Application of this Part
  This Part applies in relation to prescribed milk or milk products (in this Part called relevant goods).
Note 1: See Division 1 of Part 1 of this