How do I know if I need an export license for fish products?

In Plain English

To figure out if you need an export permit for your fish or fish products, here's what you need to consider:

  1. General Prohibition: Generally, you can't export fish or fish products from Australia without permission.
  2. Getting Permission: You need to get written permission to export your fish. This permission comes from either the Minister (administering the Fisheries Management Act 1991) or an authorised officer. You'll also need to show this permission to a "Collector" (presumably a customs official).
  3. Applying for Permission: Your application for permission has to be in writing and given to an authorised officer.
  4. Conditions: The permission might come with specific conditions or requirements that you need to follow, both before and after the fish are exported.
  5. If Permission is Denied: If the authorised officer thinks your permission should be denied, they have to pass the application to the Minister, who then decides whether to grant it or not.
  6. Export Control Act 2020: An export permit that is in force under the Export Control Act 2020 for goods specified in item 15 in Schedule 3 shall be taken to be an approval in writing.
  7. Changes: There are certain changes that require additional or corrected information to be given to the Secretary, as outlined in section 7-6 of the Export Control (Fish and Fish Products) Rules 2021.
  8. Declaration: When applying for an export permit, you must include a declaration confirming you have certain information, such as details about where the fish was processed and that all export requirements have been or will be met.

Detailed Explanation

The need for an export permit for fish products is governed by the Customs (Prohibited Exports) Regulations 1958 and the Export Control (Fish and Fish Products) Rules 2021.

Regulation 6(2) of the Customs (Prohibited Exports) Regulations 1958 states that the exportation of fish or parts of fish is prohibited unless a written permission has been granted by the Minister or an authorised officer, and this permission is produced to the Collector. "Authorised officer" means an officer within the meaning of subsection 4(1) of the Fisheries Management Act 1991 who is authorised by the Minister, in writing, for the purposes of this regulation. "Minister" means the Minister administering the Fisheries Management Act 1991.

Regulation 7 of the Customs (Prohibited Exports) Regulations 1958 outlines the requirements for exporting chemicals mentioned in Schedule 2.

Regulation 5 of the Customs (Prohibited Exports) Regulations 1958 outlines the requirements for exporting goods specified in Schedule 3 (primary produce). An export permit that is in force under the Export Control Act 2020 in respect of goods specified in item 15 in Schedule 3 shall be taken to be an approval in writing issued under subregulation (2) for the exportation of the goods.

Further, the Export Control (Fish and Fish Products) Rules 2021 outline specific rules regarding export permits for prescribed fish or fish products. Part 4 of these rules (sections 7-9 and 7-10) applies to applications for export permits under section 224 of the Act, as well as applications to vary an export permit or its conditions under paragraph 229(3)(b) of the Act. Section 7-10 specifies that an application for an export permit must be accompanied by a declaration stating that the applicant possesses certain information, such as details about the processing of the fish and compliance with export requirements.

Section 7-6 of the Export Control (Fish and Fish Products) Rules 2021 outlines changes that require additional or corrected information to be given to the Secretary. These changes include reasonable grounds to suspect that the fitness for human consumption or the integrity of the fish has been jeopardized, that an importing country requirement will not be met, or that a prescribed export condition has not been complied with.

It's important to note that these regulations work in conjunction with the Export Control Act 2020, which provides the overarching framework for export controls in Australia.