Commonwealth Consolidated Acts

EXPORT CONTROL ACT 1982 - SECT 3

                   In this Act, unless the contrary intention appears:

"accredited veterinarian" has the meaning given by subsection 9B(2).

"aircraft" means any machine or craft that can derive support in the atmosphere from the reactions of the air or from buoyancy.

"animal" means any member, alive or dead, of the animal kingdom, other than a human being.

"apply" , in relation to a trade description or an official mark, includes write, print, stencil, mark, emboss, impress or attach.

"approved export program" has the meaning given by subsection 9A(2).

"authorized officer" means a person appointed under section 20 to be an authorized officer.

"covering" includes any stopper, glass, bottle, vessel, box, container, capsule, case, frame or wrapper.

"document" includes any written or printed matter, any map, plan or photograph, and any article or thing that has been so treated in relation to any sounds or visual images that those sounds or visual images are capable, with or without the aid of some other device, of being reproduced from the article or thing, and includes a copy of any such matter, map, plan, photograph, article or thing.

"eligible animal reproductive material" means prescribed goods consisting of animal reproductive material.

"eligible live animals" means prescribed goods consisting of live animals.

"enter" , in relation to an aircraft, vehicle or ship, includes go on board.

"enter for export" , in relation to any prescribed goods, means the presentation of the goods by a person to an authorised officer for the purpose of the authorised officer performing his or her functions under section 10, being a presentation occurring at a particular stage of the preparation of the goods that is prescribed in respect of any proposed export of such goods.

"enter for export to a specified place" , in relation to any prescribed goods, means the presentation of the goods by a person to an authorised officer for the purpose of the authorised officer performing his or her functions under section 10, being a presentation occurring at a particular stage of the preparation of the goods that is prescribed in respect of any proposed export of such goods to a place specified in the regulations.

"establishment" includes premises.

"evidential material" means any of the following things, including such a thing in electronic form:

                     (a)  a thing with respect to which an offence against this Act has been committed or is suspected, on reasonable grounds, to have been committed;

                     (b)  a thing as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of an offence against this Act;

                     (c)  a thing as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing an offence against this Act.

"examine" includes count, measure, weigh, grade or gauge.

"executing officer" , for a warrant, means the person named in the warrant as being responsible for executing the warrant.

"export activities" , in relation to eligible live animals or eligible animal reproductive material, means:

                     (a)  the preparation of the eligible live animals, or the eligible animal reproductive material, for export and while being transported to their overseas destination; and

                     (b)  any other activity involving the eligible live animals, or the eligible animal reproductive material, occurring at any stage in the export process, from the planning of the export until the delivery of the eligible live animals or the eligible animal reproductive material at their overseas destination.

"false trade description" means a trade description that, by reason of anything contained in or omitted from the description, is false or likely to mislead in a material respect as regards the goods to which it relates, and includes every alteration of a trade description, whether by way of addition, effacement or otherwise, which makes the description false or likely to mislead.

"fish" means aquatic vertebrates and aquatic invertebrates but excludes mammals and birds.

"food" includes:

                     (a)  any substance or thing of a kind used or capable of being used as food or drink by human beings; and

                     (b)  any substance or thing of a kind used or capable of being used as an ingredient in a substance or thing referred to in paragraph (a);

whether or not it is in a condition fit for human consumption.

"goods" means:

                     (a)  an animal or a plant, or part of an animal or a plant;

                     (b)  an article or a substance (including reproductive material) derived from an animal or a plant, whether or not in combination with any other article or substance; or

                     (c)  food;

but does not include narcotic goods within the meaning of the Customs Act 1901 .

"label" includes any tag, band, ticket, brand or pictorial or other descriptive matter.

"magistrate" means a magistrate who is remunerated by salary or otherwise.

"occupier" of premises means the person apparently in charge of the premises.

"offence against this Act" includes an offence against:

                     (a)  section 6 of the Crimes Act 1914 ; or

                     (b)  section 11.1, 11.4 or 11.5 of the Criminal Code ;

that relates to an offence against this Act.

"officer assisting" , in relation to a warrant, means:

                     (a)  an authorized officer who is assisting in executing the warrant; or

                     (b)  a person who is not an authorized officer, but who has been authorized by the relevant executing officer to assist in executing the warrant.

"official mark" means any stamp, seal, label or mark that is declared by the regulations to be an official mark.

"official marking device" means a device that is capable of being used to apply an official mark and is declared by the regulations to be an official marking device.

"order" means an order made by the Minister or Secretary under the regulations.

"plant" means any member, alive or dead, of the plant kingdom.

"premises" includes the following:

                     (a)  a building, aircraft, vehicle or ship;

                     (b)  a place (whether enclosed, or built on, or not and whether on land, or in or on water, or not);

                     (c)  a part of a thing or place referred to in paragraph (a) or (b).

"preparation" , in relation to prescribed goods, includes the following:

                     (a)  the slaughter or killing of animals and the dressing of carcasses from which prescribed goods are obtained;

                    (aa)  the capturing or taking of fish (whether from the wild or from stocks maintained using aquaculture) that are prescribed goods or from which prescribed goods are obtained;

                     (b)  the processing, packing or storage of prescribed goods;

                     (c)  the treatment of prescribed goods;

                     (d)  the handling or loading of prescribed goods.

"prescribed goods" means goods, or goods included in a class of goods, that are declared by the regulations to be prescribed goods for the purposes of this Act.

"registered establishment" means an establishment that is registered under the regulations.

Note:          As the term establishment includes premises, what is registered under the regulations may be premises.

"regulations" includes orders.

"Secretary" means the Secretary to the Department.

"ship" means any vessel used in navigation, other than air navigation, and includes a barge, a lighter or any other floating vessel.

"this Act" includes the regulations.

"trade description" , in relation to prescribed goods, means any description or statement (whether in English or any other language), or pictorial representation, indication or suggestion, direct or indirect:

                     (a)  as to the nature, number, quantity, quality, purity, class, grade, breed, measure, gauge, size, mass, colour, strength, sex, species or age of the goods;

                     (b)  as to the country or place in or at which the goods were made or produced;

                     (c)  as to the exporter, manufacturer or producer of the goods or the person by whom they were selected, packed or in any way prepared for the market;

                     (d)  as to the mode, time or place of manufacturing, producing, selecting, packing or otherwise preparing or treating the goods;

                     (e)  as to the time before which, or period within which, the goods are to be used;

                      (f)  as to the batch, lot or other grouping in which the goods are included;

                     (g)  as to the material or ingredients of which the goods are composed or from which they are derived; or

                     (h)  as to the goods being the subject of an existing patent or privilege;

and includes any label or mark that, according to the custom of the trade or common repute, is commonly taken to be an indication of any of the above matters.