Document ID: chunk:federal_register_of_legislation:F2023C00759:reg:14:p2
Version: federal_register_of_legislation:F2023C00759
Segment Type: reg
Provision Reference: reg 14 (pt 2/4)
Character Range: 43415–46080

Act).
Note 2: Examples of plant‑based oils include olive oil and canola oil.
Note 3: For prescribed grain, see section 1‑7 of this instrument.
 (2) If:
 (a) plants or plant products (other than plants or plant products referred to in subsection (1) or plants or plant products that are narcotic goods within the meaning of the Customs Act 1901or plant‑based oils), are intended to be exported to a country (the importing country); and
 (b) a phytosanitary certificate, or a phytosanitary certificate for re‑export, in relation to the plants or plant products is required to meet an importing country requirement;
then, for the purposes of subsection 28(1) of the Act, the plants or plant products that are intended to be exported to the importing country are prescribed for the purposes of the Act.
Note: Plants or plant products that are narcotic goods within the meaning of the Customs Act 1901 and plant‑based oils are non‑prescribed plants or plant products for the purposes of this instrument (see the definition of non‑prescribed plants or plant products in section 1‑6 of this instrument). The goods may be prescribed for the purposes of subsection 28(1) of the Act by other rules made under section 432 of the Act (for example, rules relating to organic goods or wood).

2‑2  Plants and plant products that are taken not to be prescribed goods
 (1) For the purposes of subsection 28(4) of the Act, this section prescribes circumstances in which plants and plant products covered by subsection 2‑1(1) or (2) of this instrument are taken not to be prescribed goods for the purposes of the Act.
Note: Plants and plant products that are taken not to be prescribed goods for the purposes of the Act under this section are non‑prescribed goods (see the definitions of prescribed goods and non‑prescribed goods in section 12 of the Act). If a phytosanitary certificate, or a phytosanitary certificate for re‑export, in relation to plants or plant products that are non‑prescribed goods is required to meet an importing country requirement relating to the plants or plant products, a person may apply for the certificate under Division 3 of Part 3 of Chapter 2 of the Act. See also Division 2 of Part 3 of this Chapter.
 (2) Plants and plant products that are intended to be exported from Norfolk Island, or an area prescribed by paragraph 1‑4(1)(b) or (c) of this instrument, are taken not to be prescribed goods for the purposes of the 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