Non-Commodity for CCC Schedule

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					               SCHEDULE

  Non-Commodity for Containerised Cargo Clearance
                     Scheme


                Reference No. 0017
                     Version 1.0




DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY
QUARANTINE ACT 1908 – COMPLIANCE AGREEMENT                                        SCHEDULE



1.   PURPOSE

     The purpose of this Schedule is to set out the requirements to be met by the Other Party
     when performing and reporting on non-commodity statements and documentary
     assessments for Full Container Load (FCL), FCX and Less than a Container Load (LCL)
     sea-freight consignments, unpack location postcode assessment of FCL and FCX sea-
     freight consignments and the direction of these consignments to a Quarantine Approved
     Premises for further AQIS intervention.

     Non-commodity assessments includes:
     (a)   determination of cargo type
     (b)   non-commodity statements
     (c)   packing declarations
     (d)   cleanliness declarations
     (e)   treatment certification
     (f)   delivery postcodes.


2.   SCOPE

     This Schedule is limited to:
     (a)    determination of cargo type
     (b)    assessment of non-commodity concerns for FCL, FCX and LCL sea-freight
            consignments
     (c)    assessment of unpack location postcodes for FCL and FCX sea-freight
            consignments
     (d)    reporting of non-commodity concerns related to these consignments to AQIS
     (e)    direction of these consignments to a Quarantine Approved Premises for further
            AQIS intervention.


3.   DEFINITIONS

     This Schedule is to be read in conjunction with the Compliance Agreement Generic
     Glossary, the AQIS Non-commodity Information Requirements Policy and the AQIS
     Minimum Documentary Requirements Policy that may contain words and/or phrases that
     have particular meaning within the context of the Scheme or the Compliance Agreement
     of which it forms part.


4.   APPLICABLE LEGISLATION

     4.1    Persons and goods subject to quarantine: section 18 of the Quarantine Act 1908
            (Cwlth).

     4.2    Approvals for the purpose of goods ordered into quarantine: Section 46A of the
            Quarantine Act 1908 (Cwlth).

     4.3    Landed cargo in quarantine: Section 44B of the Quarantine Act 1908 (Cwlth).
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QUARANTINE ACT 1908 – COMPLIANCE AGREEMENT                                          SCHEDULE




     4.4    Compliance agreements: Section 66B of the Quarantine Act 1908 (Cwlth) and
            Section 72-74 of the Quarantine Regulations 2000.

     4.5    Penalties for certain acts performed in contravention of Act: Section 67 of the
            Quarantine Act 1908 (Cwlth).

     4.6    Direction to move goods: Section 70D of the Quarantine Act 1908 (Cwlth).

5.   PREREQUISITES

     5.1    The Other Party must be allocated a Branch Id by the Australian Customs Service
            for the purposes of lodging Import Declarations in the Integrated Cargo System
            (ICS).

     5.2    The Other Party must employ or utilise a minimum of one (1) accredited person to
            undertake tasks within the Operational Procedures Statements (OPS) that are
            specifically designated to accredited persons.

     5.3    The Other Party must have the ability to receive, open and read electronic mail
            messages (email) with attached HTML documents.


6.   REQUIREMENTS

     The Other Party under this Schedule must comply with the following requirements:

     6.1    Satisfy all the elements under Section 5 of this Schedule.

     6.2    Ensure that only accredited persons undertake tasks within the Operational
            Procedures Statements (OPS) that are specifically designated to accredited
            persons.

     6.3    Undertake an assessment of non-commodity concerns for FCL, FCX and LCL
            sea-freight consignments in accordance with the requirements of the OPS, the
            AQIS Non-commodity Information Requirements Policy and the AQIS Minimum
            Documentary Requirements Policy as amended from time to time.

     6.4    Undertake an assessment of unpack location postcodes for FCL and FCX sea-
            freight consignments in accordance with the requirements of the OPS and the
            AQIS Non-commodity Information Requirements Policy as amended from time to
            time.

     6.5    Report non-commodity concerns to AQIS.

     6.6    Select the appropriate AQIS processing type and AQIS Premises ID where
            required.



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QUARANTINE ACT 1908 – COMPLIANCE AGREEMENT                                          SCHEDULE



    6.7    Provide AQIS with an assurance (as per Section 7.2) that the outcomes and
           requirements of this Scheme have been met.

    6.8    Implement and operate in accordance with the procedures described in the OPS
           relating to this Schedule (which are listed in the Table of Schedules) to ensure that
           the specified outcomes are achieved.

    6.9    Cooperate with AQIS and provide relevant information as requested.

    6.10   Comply with all quarantine directions.

    6.11   Notify AQIS in writing when an accredited person ceases to be employed or
           contracted by the Other Party.

    6.12   Ensure that the current versions of the documents covered by this Schedule are
           retained.

    6.13   Ensure that the records and documents relating to supervising, monitoring and
           testing compliance with the procedures for goods covered by this Schedule are
           created, maintained and kept up-to-date.

    6.14   Keep the records and documents mentioned at sub-paragraphs 6.12 and 6.13 at the
           premises where the procedures authorised by the agreement are conducted; or
           provide requested records and documents to AQIS within 24-48 hours of such
           request or at an agreed time.

    6.15   Keep the required records and documents for a minimum period of 18 months
           from the date of assessment of the documentation.

    6.16   Acknowledges and agrees that AQIS will monitor the Other Party's compliance
           with the agreement and performance against the OPS using a specified audit
           regime and random surveillance activities.

           (i)    The types of audit that will be applicable to this Scheme and for which
                  AQIS will charge fees under section 86E of the Quarantine Act 1908 are:

                  (a) Import Declaration referral and assessment
                  (b) Announced audits
                  (c) Reinstatement audits

           For an explanation of each audit type refer to Section 2 of the General Policies.

           (ii)   The audit regime for this Scheme is based on review levels between which
                  the Other Party will move in accordance with its performance against the
                  OPS. The Other Party will commence at review level 1 and will move
                  between review levels in accordance with Section 4 of the General Policies.
                  Each review level prescribes the number of audits and the period during
                  which these audits will be conducted.


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QUARANTINE ACT 1908 – COMPLIANCE AGREEMENT                                                        SCHEDULE



             For guidance on review levels refer to Section 4 of the General Policies.

             (iii) If a non-conformity occurs, the audit regime will ensure that additional
                   action is taken to monitor performance, assist the Other Party to address
                   matters of quarantine concern, and re-establish compliance. The three types
                   of non-conformities are:

                    (a)    Critical non-conformity
                    (b)    Major non-conformity
                    (c)    Minor non-conformity

             For guidance on non-conformities refer to Section 5 of the General Policies.

Note:   The inclusion of the above requirements in relation to record keeping and examinations or services is in
        accordance with regulation 72(1) of the Quarantine Regulations 2000.

7.   PERSON AUTHORISED TO GIVE CERTIFICATION OR ASSURANCE

        7.1 Persons holding or occupying the following positions with the Other Party are
            authorised to provide a Quarantine Officer with a certificate or assurance that all
            the procedures to which this Schedule refers have been complied with in respect
            of the goods covered by this Schedule:

                      (a) accredited persons.

        7.2 In relation to section 66B(6) of the Act, a certificate or assurance for this Schedule
            will be deemed to be given by the Other Party:

                      (a) when ‘Yes’ answers are provided to both AQIS Non-commodity
                          Declaration Questions in the Integrated Cargo System (ICS); or

                      (b) if 'No' answers are provided to either AQIS Non-commodity
                          Declaration Questions in the ICS when an Automatic Entry
                          Processing AQIS processing type and AQIS Premises ID are selected
                          in the Integrated Cargo System (ICS).

8.   REVIEW DATE

     The review date for this Schedule is 31 July 2012, or such earlier period as determined by
     AQIS subject to the giving of two (2) weeks notice to the Other Party.




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QUARANTINE ACT 1908 – COMPLIANCE AGREEMENT                                                           SCHEDULE




9.    EXECUTION

I am a director, manager, or senior executive of ………………………….…………….….
ABN/ACN .……………………. (‘the Other Party’) who:

(a) has responsibility for the business operations of the Other Party; and

(b) is authorised to enter into contracts for the Other Party.


                              Note: 'Giving false or misleading information is a serious offence.'

                      )
SIGNED for and on behalf of
                      )
.……………………..………………….…… )
                                                                    )
ABN/ACN .……………………. on:                                              )
                                                                    )
.................................................................   )
                             Date                                   )
                                                                    )
by:                                                                 )
                                                                    )
.................................................................   )
                          Signature                                 )
                                                                    )
.................................................................   )
                    Name of signatory                               )
                                                                    )
.................................................................   )
                  Position of signatory                             )




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