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Export Control (Eggs and Egg Products) Rules 2021
In force
Administered by
Department of Agriculture, Fisheries and Forestry
This item is authorised by the following title:
Export Control Act 2020
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F2021L00312
24 March 2021
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Chapter 1—Preliminary
Part 1—Preliminary
1 1 Name
1 2 Commencement
1 3 Authority
1 4 Simplified outline of this instrument
Part 2—Interpretation
1 5 Definitions
1 6 Meaning of loaded for export
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Chapter 2—Exporting goods
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Part 1—Goods
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Division 1—Prescribed goods
2 1 Eggs and egg products that are prescribed goods
2 2 Eggs and egg products that are taken not to be prescribed goods
Division 2—Prohibited export and prescribed export conditions
2 3 Purpose and application of this Division
2 4 Export of prescribed eggs or egg products is prohibited unless prescribed conditions are complied with
Part 2—Exemptions
2 5 Application of this Part
2 6 Prescribed circumstance—testing the market
2 7 Prescribed meaning—commercial sample
2 8 Period for making application for exemption
2 9 Conditions of exemption—matters to which Secretary must have regard
2 10 Instrument of exemption
2 11 Period of effect of exemption
2 12 Variation of conditions of exemption—matters to which Secretary must have regard
Part 3—Government certificates
2 13 When government certificate may be issued in relation to eggs or egg products
2 14 Matters stated in government certificate—manufacturing grade eggs or egg products
2 15 Requirements before issue of government certificate—condition of eggs or egg products
2 16 Circumstances for refusing to issue government certificate
2 17 Changes that require holder of certificate to give additional or corrected information to issuing body
2 18 Return of government certificate
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Chapter 4—Registered establishments
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Part 1—Requirements for registration
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Division 1—Requirements relating to construction, equipment and facilities
4 1 Purpose of this Division
4 2 Equipment, facilities and essential services—general
4 3 Measuring devices
4 4 Establishment (including construction)
4 5 Fixtures, fittings and equipment
4 6 Storage facilities for items other than eggs or egg products
4 7 Cleaning and sanitising facilities
4 8 Amenities
4 9 Essential services
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Division 2—Other requirements
4 10 Purpose of this Division
4 11 Operations must be carried out in a way that will ensure requirements of the Act are met
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Part 2—Conditions of registration
4 12 Purpose of this Part
4 13 Requirements for registration continue to be met
4 14 Other operational hygiene requirements
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Part 3—Renewal of registration
4 15 Period within which application to renew registration must be made
4 16 Requirements for renewal of registration
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Part 4—Suspension of registration
4 17 Request by occupier for suspension
4 18 Other grounds for suspension
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Part 5—Matters relating to applications
4 19 Application of this Part
4 20 Initial consideration period
4 21 Period within which request relating to application must be complied with
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Chapter 5—Approved arrangements
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Part 1—Requirements for approval
5 1 Purpose of this Part
5 2 Proposed arrangement for operations to prepare prescribed eggs or egg products
5 3 Equipment
5 4 Operational hygiene
5 5 Identification, traceability and integrity
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Part 2—Conditions of approved arrangement
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Division 1—Purpose of this Part
5 6 Purpose of this Part
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Division 2—General
5 7 Importing country requirements must be met
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Division 3—Operational hygiene
5 8 Purpose of this Division
5 9 Hygiene control—establishment and its equipment
5 10 Measuring devices
5 11 Hygiene control—processing
5 12 Personal hygiene and health
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Division 4—Preparation and transport
5 13 Sourcing eggs and egg products
5 14 Handling eggs and egg products
5 15 Notifiable diseases
5 16 Temperature controls for preparing prescribed eggs or egg products
5 17 Temperature controls for storing, handling, loading and transporting prescribed eggs or egg products
5 18 Preserving prescribed eggs and egg products
5 19 Thermal processing of canned prescribed eggs or egg products
5 20 Pasteurisation and other treatments
5 21 Packaging and identification
5 22 Storage, handling and loading
5 23 Container system units and food carrying compartments of vehicles—construction etc.
5 24 Vehicles, container system units etc.—hygiene control
5 25 Transport
5 26 Identification as not for export as food—fitness for human consumption etc.
5 27 Product standards—general
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Division 5—Trade descriptions
5 28 Trade description must be applied to prescribed eggs and egg products
5 29 Incomplete trade description—canned eggs or egg products
5 30 Labelling and naming of ingredients
5 31 Trade descriptions applied to packaging etc.
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Division 6—Official marks
5 32 Alteration of or interference with official mark
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Division 7—Segregation, identification, security, traceability and integrity
5 33 Segregation, identification and traceability—general
5 34 Establishments where eggs or egg products that are not for export etc. are prepared
5 35 Integrity—general
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Division 8—Transfers
5 36 Information and declarations relating to transferred prescribed eggs or egg products
5 37 Information and declarations not received or inaccurate or incomplete
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Division 9—Management practices—export operations
5 38 Management practices, organisational structure, resources and personnel
5 39 Verification of compliance with the Act and other matters
5 40 Action must be taken to address non compliance
5 41 Internal audit and management review
5 42 Authorised officer must be notified if prescribed eggs or egg products are not fit for human consumption or integrity cannot be ensured etc.
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Part 3—Renewal of approved arrangement
5 43 Period within which application to renew approved arrangement must be made
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Part 4—Variation of approved arrangement
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Division 1—Variations by holder
5 44 Requirements that must be met for variation to be approved or conditions varied
5 45 Significant variations
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Division 2—Variations required by Secretary
5 46 Other reasons for requiring holder to vary approved arrangement
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Part 5—Matters relating to applications
5 47 Application of this Part
5 48 Initial consideration period
5 49 Period within which request relating to application must be complied with
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Chapter 7—Export permits
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Part 1—Issue of export permit
7 1 Conditions of export permit
7 2 Period of effect of export permit
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Part 2—Variation, suspension and revocation of export permit
7 3 Period of effect of varied export permit
7 4 Circumstances in which export permit may be suspended
7 5 Other circumstances in which export permit may be revoked
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Part 3—Other matters
7 6 Changes that require additional or corrected information to be given to the Secretary
7 7 Return of export permit
7 8 Notification that prescribed eggs or egg products are not to be exported
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Part 4—Applications for export permits
7 9 Application of this Part
7 10 Documents to accompany application
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Chapter 8—Other matters relating to export
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Part 1—Trade descriptions
8 1 Purpose of this Part
8 2 General requirements for trade descriptions
8 3 Trade descriptions in language other than English
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Part 2—Official marks
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Division 1—Marks that are official marks
8 4 Purpose of this Division
8 5 Tolerances for dimensions of official marks
8 6 Official mark—foreign country identification
8 7 Official mark—tamper indicative metal strap seal
8 8 Official mark—bolt seal
8 9 Official mark—European Union
8 10 Official mark—carton seal
8 11 Official mark—goods opened for assessment and resealed
8 12 Official mark—Australian Government
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Division 2—General rules relating to official marks
8 13 Purpose and application of this Division
8 14 Interpretation
8 15 Persons who may manufacture or supply official marks for eggs or egg products
8 16 Persons who may possess official marks that have not been applied to eggs or egg products
8 17 Persons who may apply official marks to eggs or egg products etc.
8 18 Circumstances in which official mark must not be applied to eggs or egg products
8 19 Alteration of and interference with official marks
8 20 Official marks must be legible and securely attached
8 21 Security of official marks
8 22 Removal or defacement of official marks
8 23 Records of official marks manufactured or supplied
8 24 Records of official marks received, applied, removed, defaced, destroyed or returned
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Division 3—Marks resembling official marks
8 25 Purpose of this Division
8 26 Circumstances in which a mark resembles an official mark
8 27 Persons who may apply a resemblance
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Division 4—Official marking devices
8 28 Purpose of this Division
8 29 Persons who may manufacture, supply or possess official marking devices
8 30 Security of official marking devices
8 31 Damaged etc. official marking devices
8 32 Records of official marking devices manufactured or supplied
8 33 Records of official marking devices received, used, damaged, destroyed or returned
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Chapter 9—Powers and officials
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Part 1—Audits
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Division 1—General
9 1 References to audit in this Part
9 2 Audits of export operations
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Division 2—Conduct of audit etc.
9 3 Purpose of this Division
9 4 Manner in which audit must be conducted
9 5 Notice of non compliance with requirements
9 6 Audit reports
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Division 3—Approved auditors
9 7 Purpose of this Division
9 8 Application for approval
9 9 Secretary must decide whether to approve applicant to conduct audits
9 10 Dealing with applications
9 11 Conditions of approval
9 12 Notice of decision
9 13 Period of effect of approval
9 14 Imposing or varying conditions of approval
9 15 Revocation of approval
9 16 Register of approved auditors
9 17 Fit and proper person test
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Part 2—Assessments
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Division 1—General
9 18 References to assessment in this Part
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Division 2—Carrying out assessments etc.
9 19 Circumstances in which assessment may be required or permitted
9 20 Process to be followed after assessment completed
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Division 3—Approved assessors
9 21 Purpose of this Division
9 22 Application for approval
9 23 Secretary must decide whether to approve applicant to carry out assessments
9 24 Dealing with applications
9 25 Conditions of approval
9 26 Notice of decision
9 27 Period of effect of approval
9 28 Imposing or varying conditions of approval
9 29 Revocation of approval
9 30 Register of approved assessors
9 31 Fit and proper person test
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Part 3—Powers of the Secretary
9 32 Decisions that may be made by operation of computer program
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Part 4—Authorised officers
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Division 1—Third party authorised officers
9 33 Requirement to be third party authorised officer—fit and proper person etc.
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Division 2—Functions and powers
9 34 Purpose of this Division
9 35 Inspecting establishments and securing areas, facilities, equipment or other things
9 36 Securing and identifying establishment or conveyance etc.
9 37 Interference with identified establishment or conveyance etc.
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Division 3—Directions to deal with non compliance with the Act etc.
9 38 Other grounds for giving direction
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Division 4—Miscellaneous
9 39 Circumstances in which identity card need not be carried
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Chapter 10—Compliance and enforcement
10 1 Samples taken in exercising monitoring or investigation powers
10 2 Dealing with things seized in exercising investigation powers
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Chapter 11—Miscellaneous
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Part 1—Review of decisions
11 1 Reviewable decisions
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Part 2—Records
11 2 Purpose of this Part
11 3 General requirements for records
11 4 Government certificates
11 5 Export permits
11 6 Records to be retained by exporter
11 7 Records to be retained by occupier of registered establishment
11 8 Records to be retained by holder of approved arrangement
11 9 Records relating to official marking devices
11 10 Records must not be altered or defaced during retention period
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Part 3—Samples
11 11 Microbiological limits—taking, testing and analysing samples
11 12 Storage of samples
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Part 4—Damaged or destroyed eggs or egg products
11 13 Division of compensation between owners
11 14 Amount of compensation
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Part 5—Relevant Commonwealth liabilities
11 15 Circumstances in which relevant Commonwealth liability of a person is taken to have been paid
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Chapter 12—Transitional provisions
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Part 1—Preliminary
12 1 Definitions
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Part 2—Approved arrangements
12 2 Information and declarations given before commencement time
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Part 3—Other matters relating to export
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Division 1—Trade descriptions
12 3 Request for translation not complied with before commencement time
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Division 2—Official marks
12 4 Person approved before commencement time to manufacture an official mark
12 5 Person approved before commencement time to possess an official mark
12 6 Person approved before commencement time to apply an official mark
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Division 3—Official marking devices
12 7 Person approved before commencement time to manufacture an official marking device
12 8 Person approved before commencement time to possess an official marking device
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Part 4—Powers and officials
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Division 1—Approved auditors
12 9 Application for approval as auditor not decided, or notice of decision not given, before commencement time
12 10 Request for further information not complied with before commencement time
12 11 Decision to revoke approval as auditor decided, but notice not given, before commencement time
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Division 2—Assessments
12 12 Verification by authorised officer before commencement time