What do I need to do to export fish and fish products from Australia?

In Plain English

To export fish and fish products from Australia, you generally need to comply with the Export Control Act 2020 and the Export Control (Fish and Fish Products) Rules 2021. These rules ensure that exported fish meet certain standards, are accurately described, and can be traced back to their origin.

Here's a breakdown:

Prescribed Goods: The Export Control (Fish and Fish Products) Rules 2021 define which fish and fish products are subject to export controls. Generally, if you intend to export fish or fish products as food, they will be considered "prescribed goods" and regulated under the Export Control Act 2020.
Export Conditions: You must comply with the export conditions outlined in the Export Control (Fish and Fish Products) Rules 2021. These conditions are designed to meet the requirements of the country you are exporting to, align with industry standards, and fulfill Australia's international obligations.
Loading for Export: Before loading fish for export, make sure that no export permit has been revoked and that you haven't received any directions stating the fish shouldn't be exported. The conveyance (transport), container, and loading equipment must meet specific requirements. Also, ensure a trade description is applied to the fish products before they are loaded for export.
Ministerial Permissions: Note that for certain species such as toothfish, the Customs (Prohibited Exports) Regulations 1958 may require a permission in writing to export the fish granted by the Minister or an authorised officer.

Detailed Explanation

The export of fish and fish products from Australia is regulated primarily by the Export Control Act 2020 and the Export Control (Fish and Fish Products) Rules 2021. The Export Control Act 2020 provides the overarching legislative framework, while the Export Control (Fish and Fish Products) Rules 2021 detail the specific requirements and conditions.

1. Prescribed Goods (Section 2-1 of the Fish Rules)

Under subsection 28(1) of the Export Control Act 2020, the Secretary can prescribe certain kinds of goods.
Subsection 2-1(1) of the Export Control (Fish and Fish Products) Rules 2021 states that fish and fish products intended to be exported as food are generally considered prescribed goods. This includes items that:
- Meet the definition of "fish or fish products" as defined in section 1-6 of the Export Control (Fish and Fish Products) Rules 2021.
- Are intended for export as food, as defined in section 12 of the Export Control Act 2020.
However, there are exceptions outlined in subsection 2-1(3) and section 2-2 of the Export Control (Fish and Fish Products) Rules 2021, which specify circumstances where fish and fish products are not considered prescribed goods.
Subsection 2-1(2) clarifies that goods listed under 2-1(3) are prescribed only if they are being exported to a specific country and meeting a requirement of the Export Control Act 2020 is necessary to satisfy the importing country's requirements.

2. Obligations under the Fish Rules

Loading Restrictions: According to subsection 5-27(4), prescribed fish and fish products cannot be loaded for export if an export permit has been revoked or if the holder of an approved arrangement has been directed not to deal with the fish as export for food.
Conveyance Compliance: Subsection 5-23(2) requires that the conveyance, container system unit, and equipment used for loading must comply with Part 2 of Chapter 5 of the Export Control (Fish and Fish Products) Rules 2021.
Trade Description: Subsection 5-35(2) mandates that a trade description must be applied no later than when the fish or fish products are packed in their immediate container before being loaded for export.

3. Ministerial Permissions

Regulation 6 of the Customs (Prohibited Exports) Regulations 1958 prohibits the export of fish of a species specified in Schedule 4 (toothfish), unless a permission in writing to export the fish has been granted by the Minister or an authorised officer; and the permission is produced to the Collector.