3 November 2021
This Industry Advice Notice (IAN) is to advise that the Exposure Draft Export Control (Plants and Plant Products) Rules 2021 has been released for public consultation until COB 30 November 2021.
Summary of changes and key points
- The Exposure Draft Export Control Legislation Amendment Rules 2021 is now available on the department’s Have Your Say page. This page also includes a series of information sheets.
- The exposure draft sets out proposed amendments to the Rules for animals, meat, organic goods, plant, poultry, rabbit and ratite and wild game.
- The proposed amendments to the Export Control (Plant and Plant Products) Rules 2021 (plant rules) will better align the legislation with current business and regulatory practices.
- We are proposing implementing the following changes on 1 January 2022:
- Authorised officers appointed in the job function BVI3001: Export inspection of empty bulk vessels (BVI AOs) must record their empty bulk vessel inspections at berth and at anchorage using helmet-mounted video recording devices.
- We will be able to issue a direction that the loading of a non-compliant bulk vessel cease until action is taken to rectify the non-compliance.
- Simplifying the management system provisions for accredited properties and registered establishments.
- Clarifying that treatment operations for fresh fruit and vegetables to protocol markets must occur at registered establishments and not accredited properties.
- Modernising the list of 13 prescribed grains to ensure it covers synonyms of the scientific names of the listed products.
- Deprescription of plant-based oils even when a phytosanitary certificate is required.
- Log re-inspections may occur at a wharf (not a registered establishment) where the logs are being loaded into or onto an approved bulk vessel.
- Other miscellaneous amendments to correct grammatical and typographical errors.
- We are proposing to introduce the Accredited Grain Surveyor Assurance (AGSA) scheme on 1 July 2022.
- Feedback on the proposed amendments to the plant rules must be submitted on the Have Your Say page by COB 30 November 2021.
Authorised officer responsibilities
- In IAN 2021-44, we advised that the use of helmet-mounted video recording devices during bulk vessel inspections was to commence on 1 November 2021. This requirement will now commence on 1 January 2022.
- The commencement has been delayed so that BVI AOs are better supported and protected by Australia’s export legislation when they commence video recordings.
Marine surveyor responsibilities
- In IAN 2021-44, we advised that the AGSA scheme would commence on 1 November 2021.
- Following recent feedback, we have been collaborating on these changes with the Australasian Institute of Marine Surveyors (AIMS) and representatives of Australia’s shipping and grain export industries.
- The AGSA scheme will require that all marine surveyors who perform bulk vessel surveyors for plant exports be accredited with AIMS to continue to perform bulk vessel surveys.
- The AGSA scheme will now commence on 1 July 2022. This will minimise disruptions to the shipping industry and Australia’s exports during peak grain export season, and provide marine surveyors with more time to become accredited.
- The plant rules will be reviewed annually and where needed, amended. This is the first round of legislative amendments since the Export Control Act 2020 commenced on 28 March 2021.
- The plant rules are subordinate to the Act and make provisions that are specific to plant and plant product exports.
If you have any questions regarding this IAN please email Export Legislation.
A/g Assistant Secretary
Plant Export Operations Branch