This order is the Export Control (Fish and Fish Products) Amendment (2014 Measures No. 1) Order 2014.

This order commences on 1 October 2014.

This order is made under regulation 3 of the Export Control (Orders) Regulations 1982.

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Part 1—General

Export Control (Fish and Fish Products) Orders 2005

1 Suborder 4.11

Repeal the suborder.

2 Order 8 (definition of Australian Shellfish Quality Assurance Program — Export Standards)

Repeal the definition, substitute:

Australian Shellfish Quality Assurance Program — Export Standards means the Australian Shellfish Quality Assurance Program — Export Standards published by the Department in 2004.

Note: For the standards see the Department’s website (http://www.agriculture.gov.au).

3 Order 8 (paragraph (b) of the definition of catcher boat)

Omit “icing for transport”, substitute “freezing, icing for transport, salting,”.

4 Order 8 (paragraph (a) of the definition of resources industry structure)

Omit “Sea Installation Act 1987”, substitute “Sea Installations Act 1987”.

5 Order 8

Insert:

senior authorised officer means a person appointed to be an authorised officer under section 20 of the Act whose classification level appears in Group 6 or higher of Schedule 1 to the Classification Rules under the Public Service Act 1999.

6 Order 8 (definition of senior authorized officer)

Repeal the definition.

7 Paragraph 20.7(a)

Omit “complete”, substitute “incomplete”.

8 Paragraph 23(c)

Omit “sorting, grading and icing for transport”, substitute “chilling, freezing, icing for transport, salting, sorting and grading”.

9 Suborder 25.2

Omit “Sea Installation Act 1987”, substitute “Sea Installations Act 1987”.

10 Subparagraph 26.1(c)(i)

Omit “or”, substitute “of”.

11 Paragraph 26.2(a)

Omit “clear”.

12 Paragraph 29.3(b)

Before “such”, insert “no”.

13 Suborder 29.3 (note)

Omit “section 33 (3A)”, substitute “subsection 33(3)’.

14 Suborder 37.2 (note)

Omit “order 8. See further”, substitute “order 8,”.

15 Suborder 48.3 (note)

Omit “order 8 and see further”, substitute “order 8,”.

16 Order 57

Omit “person whom”, substitute “person to whom”.

17 Order 57 (note 1)

Omit “the these”, substitute “these”.

18 Order 63

Before “An audit”, insert “63.1”.

19 Suborder 63.2

Repeal the suborder, substitute:

63.2 If the audit is unannounced, the auditor must produce his or her identity card for inspection before starting the audit.

20 Order 64 (note)

Omit “AQIS Guidelines for”, substitute “guidelines published by the Department in relation to”.

21 Order 66A

After “operations”, insert “that are”.

22 Order 77 (note 1)

Omit “clause 6 and”.

23 Order 95

Omit “must,”, substitute “must”.

24 Part 10

Repeal the Part.

25 Paragraph 13.3(d) of Schedule 3

Omit “non hand”, substitute “non‑hand”.

26 Subclause 15.1 of Schedule 4 (note 3)

Repeal the note, substitute:

Note 3: For guidance see the 2011 Australian Drinking Water Guidelines Paper 6 National Water Quality Management Strategy, which has been developed by the National Health and Medical Research Council in collaboration with the Natural Resource Management Ministerial Council. See the National Health and Medical Research Council’s website (http://www.nhmrc.gov.au).

27 Subclause 4.1 of Schedule 7 (notes 3 and 4)

Repeal the notes, substitute:

Note 3: Schedule 2 to the Competition and Consumer Act 2010 (the Australian Consumer Law) contains prohibitions on engaging in conduct that is misleading or deceptive or is likely to mislead or deceive (see, for example, section 18) and prohibitions on making false or misleading representations, including about the country of origin of fish and fish products (see, for example, sections 29 and 151).

Note 4: Part 5‑3 of the Australian Consumer Law provides defences that certain country of origin representations do not contravene section 18, 29 or 151 of the Australian Consumer Law. For further guidance on correctly describing the country of origin see the Australian Competition and Consumer Commission’s website (http://www.accc.gov.au).

28 Subclause 25.1 of Schedule 9

Omit “for use for giving” (wherever occurring), substitute “for giving”.

29 Subclause 25.1 of Schedule 9 (note)

Repeal the note, substitute:

Note: For the Approved EXDOC Interface Software Suppliers see the Department’s website (http://www.agriculture.gov.au).

Part 2—References to see further

Export Control (Fish and Fish Products) Orders 2005

30 Amendments of listed provisions—references to see further

Further amendments—references to see further
Item	Provision	Omit
1	Suborder 3.1 (note 2)	further
2	Order 8 (note to definition of fit for human consumption)	further
3	Suborder 22.3	further
4	Suborder 51.1 (note 2)	further
5	Order 55 (note)	further
6	Part 2 of Schedule 1 (note)	further
7	Subclause 8.2 of Schedule 2 (note)	further
8	Subclause 9.4 of Schedule 3 (note 3)	further
9	Subclause 12.2 of Schedule 3 (note 3)	further
10	Subclause 10.1 of Schedule 4 (note 3)	further
11	Subclause 18.1 of Schedule 4 (note)	see further
12	Subclause 19.1 of Schedule 4 (note)	see further
13	Subclause 35.1 of Schedule 5 (note 2)	further
14	Subclause 1.3 of Schedule 6 (note 3)	further
15	Subclause 2.3 of Schedule 6 (note 3)	further
16	Subclause 3.3 of Schedule 6 (note 3)	further
17	Subclause 4.3 of Schedule 6 (note)	further

18	Subclause 4.4 of Schedule 6 (note 3)	further

Part 3—References to authorized

Export Control (Fish and Fish Products) Orders 2005

31 Amendments of listed provisions—references to authorized

Further amendments—references to authorized
Item	Provision	Omit (wherever occurring)	Substitute
1	Paragraph 3.3(a)	authorized	authorised
2	Order 8 (note)	authorized	authorised
3	Order 55	authorized	authorised
4	Order 58 (note 3)	authorized	authorised
5	Paragraph 60(a)	authorized	authorised
6	Suborder 62.1	authorized	authorised
7	Order 70	authorized	authorised
8	Order 72	authorized	authorised
9	Order 73	authorized	authorised
10	Order 75	authorized	authorised
11	Order 76	authorized	authorised
12	Order 77	authorized	authorised
13	Order 78	authorized	authorised
14	Suborder 79.3	authorized	authorised
15	Suborder 82.1	authorized	authorised
16	Order 83 (heading)	authorized	authorised
17	Order 83	authorized	authorised
18	Division III of Part 9 (heading)	authorized	authorised
19	Order 86 (heading)	authorized	authorised
20	Order 86	authorized	authorised
21	Order 86 (note 1)	authorized	authorised
22	Order 87	authorized	authorised
23	Order 88 (heading)	authorized	authorised
24	Order 88	authorized	authorised
25	Order 89 (heading)	Authorized	Authorised
26	Order 89	authorized	authorised
27	Order 90 (heading)	authorized	authorised
28	Order 90	authorized	authorised
29	Order 91	authorized	authorised
30	Order 92	authorized	authorised
31	Order 93	authorized	authorised
32	Order 94 (heading)	authorized	authorised
33	Order 94	authorized	authorised
34	Order 97 (note 1)	authorized	authorised
35	Subclause 9.1 of Schedule 2	authorized	authorised
36	Subclause 10.1 of Schedule 2 (note 2)	authorized	authorised
37	Subclause 21.1 of Schedule 2	authorized	authorised
38	Subclause 25.4 of Schedule 2	authorized	authorised
39	Subclause 16.1 of Schedule 7	authorized	authorised
40	Clause 13 of Schedule 8	authorized	authorised
41	Schedule 9 (table of contents) entry for Division III of Part 1	authorized	authorised
42	Schedule 9 (table of contents) entry for clause 21	authorized	authorised
43	Paragraph 3.1(b) of Schedule 9	authorized	authorised
44	Division III of Part 1 of Schedule 9 (heading)	authorized	authorised
45	Clause 8 of Schedule 9 (heading)	authorized	authorised
46	Paragraph 8.1(b) of Schedule 9	authorized	authorised
47	Subclause 9.1 of Schedule 9	authorized	authorised
48	Paragraph 13.4(a) of Schedule 9	authorized	authorised
49	Paragraph 14.2(a) of Schedule 9	authorized	authorised
50	Clause 21 of Schedule 9 (heading)	authorized	authorised
51	Subclause 21.1 of Schedule 9	authorized	authorised