Page Content
Industry Advice Notice no. 2003/03: Export of Fresh Fruit and Vegetables as Ships' Stores
Issue date: 3 April 2003
The Australian Quarantine and Inspection Service (AQIS) has issued this notice to clarify the interpretation and define criteria the exception for goods qualifying for as ships’ stores under the Export Control Act (1982) (ECA). This notice does not represent a change to the legislation.
The ECA specifically excepts ship’s stores from the legislative requirements, as “prescribed goods”, under the ECA and subordinate legislation – the Prescribed Goods (General) Orders (PGGO’s), Export Control (Fresh Fruit and Vegetable) Orders (EC[FFV]O’s) and the Grains Plants and Plant Product Orders (GPPPO’s) . This exception is prescribed in the Prescribed Goods (General) Orders, Order 7.1 (a).
PGGO’s, Orders 7.1 (a) defines ships stores as:
“for the use of the passengers and crew or for the service of the ship on a voyage, or the aircraft on a flight from Australia”.
This is the current legislation and as defined in the PGGO’s since publication in 1987 and reflected in subsequent amendments.
The specific interpretation of this Order and its subsequent use as an ‘exception’, to the ECA and subordinate legislation requirements for prescribed goods, is subject to the following conditions for goods declared for export as ‘ships’ stores’:
1. The goods are to be used, solely as ships’ stores/provisions, on the vessel or aircraft on which the
goods are to be loaded in Australia; and
2. The goods do not form part of the ship’s cargo (ie is not contained on the vessel or aircraft’s cargo
manifest); and
3. This exception does not apply to goods exported to overseas countries for loading onto a vessel or aircraft
as ‘”ships’ stores” from an overseas/foreign port.
Any goods exported under the provisions of PGGO Order 7.1 (a), as “ships’ stores” must meet all of the above criteria to qualify for the exception from being considered as a prescribed good.
Any goods exported that do not meet all of the above criteria will not be considered as ‘ships’ stores’ and must consequently meet all requirements of the Export Control Act (1982) and subordinate legislation. This includes, but is not limited to, complying with specific commodity trade description requirements and meeting the importing country’s quarantine conditions.
Specific consignment exemptions may be applied for, in writing, from the Secretary of Agriculture Fisheries and Forestry – Australia, as defined in the PGGO’s Order 13.
All exporters, freight forwarders and ship’s agents should familiarize themselves with these requirements and ensure all exports of ships’ stores, under this exception, meet the above criteria. If any of these 3 criteria are not met, the export must be fully compliant with the conditions and restrictions as defined in the ECA and subordinate legislation including commodity specific Orders and Schedules.