Biosecurity (Prohibited and Conditionally Nonprohibited Goods) Determination 2016

We, Daryl Quinlivan, Director of Biosecurity, and Anthony Hobbs, Director of Human Biosecurity, make the following determination.

Dated 27 May 2016

Daryl Quinlivan Anthony Hobbs

Director of Biosecurity Director of Human Biosecurity

 

 

 

 

 

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Purpose and application of this instrument

5 Definitions

6 Meaning of covered by

7 Meaning of instant use

8 Meaning of retorted

9 Meaning of shelfstable

Part 2—Conditionally nonprohibited goods

Division 1—Animals, plants, biological material and infectious agents

10 Classes of goods to which this Division applies

11 Conditions—general

12 Alternative conditions—live animals

13 Alternative conditions—dead animals, animal parts and related goods

14 Alternative conditions—dead fish, crustaceans and related goods

15 Alternative conditions—meat and meat products

16 Alternative conditions—dairy products

17 Alternative conditions—eggs and egg products

18 Alternative conditions—miscellaneous goods for human consumption

19 Alternative conditions—honey and bee products

20 Alternative conditions—foods and supplements for animals

21 Alternative conditions—cosmetics and related goods

22 Alternative conditions—live plants for use as nursery stock

23 Alternative conditions—miscellaneous plant materials and plant products

24 Alternative conditions—nuts for human consumption

25 Alternative conditions—cereals, grains, legumes, pulses and oil seeds for human consumption

26 Alternative conditions—fresh cut flowers and foliage for decorative purposes

27 Alternative conditions—packaging

28 Alternative conditions—fertilisers, soil conditioners and potting mixes of plant origin

29 Alternative conditions—produce for human consumption

30 Alternative conditions—seeds

31 Alternative conditions—timber and timber products

32 Alternative conditions—starter cultures

33 Alternative conditions—highly refined organic chemicals and substances for certain purposes

34 Alternative conditions—biological material intended for personal use

35 Alternative conditions—fertilisers, soil conditioners and soil growth supplements made of animal material, plant material or biological material

36 Alternative conditions—other biological material for certain purposes

37 Alternative conditions—bioremedial products

Division 2—Other goods

38 Soil

39 Water

40 Fertilisers, soil conditioners and soil growth supplements

41 Used beehives and used beekeeping equipment

42 Tyres

43 Used machinery and equipment (other than used beekeeping equipment or used veterinary equipment)

44 Used veterinary equipment other than from New Zealand

45 Used clothes and cloth rags in commercial consignments

46 Mineral and metal ores, rocks and sand

47 Human blood, human tissue and similar goods

48 Hair, teeth or bones from a human’s body (other than human remains)

Division 3—Goods intended to be brought or imported from Papua New Guinea into the protected zone area under the Torres Strait Treaty

49 Goods to be brought or imported from Papua New Guinea into the protected zone area

Part 1Preliminary

 

1  Name

  This is the Biosecurity (Prohibited and Conditionally Non-prohibited Goods) Determination 2016.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

At the same time as section 3 of the Biosecurity Act 2015 commences.

16 June 2016

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under subsection 174(1) of the Biosecurity Act 2015.

4  Purpose and application of this instrument

 (1) For subsection 174(1) of the Act, this instrument provides that specified classes of goods must not be brought or imported into Australian territory unless specified conditions are complied with.

Note: Goods included in a class of goods specified in Part 2 are conditionally nonprohibited goods for the purposes of the Act.

 (2) This instrument does not apply in relation to:

 (a) goods that are, or are intended to be, brought or imported into Christmas Island or Cocos (Keeling) Islands); or

 (b) goods that are, or are intended to be, brought or imported into Norfolk Island on or after 1 July 2016.

 (3) For the purpose of subsection (2), a reference in this instrument to Australian territory does not include:

 (a) a reference to Christmas Island or Cocos (Keeling) Islands; or

 (b) on and after 1 July 2016—a reference to Norfolk Island.

Note 1: See the following instruments in relation to goods that are, or are intended to be, brought or imported into Christmas Island, Cocos (Keeling) Islands or Norfolk Island:

(a) Biosecurity (Prohibited and Conditionally Nonprohibited Goods—Christmas Island) Determination 2016;

(b) Biosecurity (Prohibited and Conditionally Nonprohibited Goods—Cocos (Keeling) Islands) Determination 2016;

(c) Biosecurity (Prohibited and Conditionally Nonprohibited Goods—Norfolk Island) Determination 2016.

Note 2: See also the Biosecurity (Prohibited and Conditionally Nonprohibited Goods—Torres Strait) Determination 2016 in relation to goods that are, or are intended to be, moved from the protected zone area, or the Torres Strait permanent biosecurity monitoring zone, to another part of Australian territory.

5  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) animal;

(b) Australian territory;

(c) goods;

(d) plant.

  In this instrument:

Act means the Biosecurity Act 2015.

animal part means a part of an animal and, unless the contrary is stated, includes the following:

 (a) blood;

 (b) tissue;

 (c) animal reproductive material;

 (d) skin (whether or not tanned);

 (e) bone;

 (f) hair;

 (g) feathers;

 (h) scales;

 (i) chitin.

animal reproductive material has the same meaning as in the Biosecurity Regulation 2016.

animal secretion includes animal excretions and animal exudates, but does not include silk or wax.

animal tissue does not include:

 (a) a living animal; or

 (b) any of the following, if without adhering tissue:

 (i) skin;

 (ii) hide;

 (iii) wool;

 (iv) hair;

 (v) bristles;

 (vi) feathers;

 (vii) tusks;

 (viii) teeth;

 (ix) antlers;

 (x) horn;

 (xi) glue pieces;

 (xii) bones.

bee product means a product produced by bees.

biological material means any material originating from an animal, plant, microorganism or microbial source, but does not include human material to which section 47 applies.

covered by, in relation to goods and an import permit, has the meaning given by section 6.

dairy product means:

 (a) milk (including condensed, concentrated, dried and powdered milk); or

 (b) goods produced from milk (including butter, cheese, casein, cream, ghee, whey, ice cream, milk albumin and yoghurt).

egg means an egg of a bird.

egg product includes any of the following:

 (a) whole egg in any form (whether pasteurised or unpasteurised);

 (b) egg albumen in any form (whether pasteurised or unpasteurised);

 (c) egg yolk in any form (whether pasteurised or unpasteurised);

 (d) goods produced from egg (including egg noodles and mooncakes).

fish means an elasmobranch or a teleost.

FMDfree country means a country that the Director of Biosecurity is satisfied is free from footandmouth disease and that is specified in a list published on the Agriculture Department’s website, as existing on 16 June 2016.

genetically modified organism has the same meaning as in the Gene Technology Act 2000.

health certificate, for an animal or a part of an animal that is to be brought or imported into Australian territory from a place outside Australian territory (the overseas place), means a certificate for the animal or part of the animal that:

 (a) is in a form approved by the Director of Biosecurity; and

 (b) has been signed by an official veterinarian from the overseas place.

hermeticallysealed container means a container that is airtight when sealed.

human biosecurity official has the same meaning as in the Biosecurity Regulation 2016.

human therapeutic use has the same meaning as therapeutic use has in section 3 of the Therapeutic Goods Act 1989.

human tissue does not include:

 (a) a deceased human’s body, or part of a deceased human’s body, that is being brought or imported into Australian territory for burial or cremation; or

 (b) hair, teeth or bones from a human’s body, if without adhering tissue.

import permit means a permit granted under section 179 of the Act that authorises a person to bring or import particular goods into Australian territory.

Index Herbariorum means the publication of that name maintained by the New York Botanical Garden, as it exists on 16 June 2016.

infectious agent includes any of the following:

 (a) a virus;

 (b) a prion;

 (c) a plasmid;

 (d) a viroid;

 (e) genetic material coding for an infectious agent.

instant use has the meaning given by section 7.

International Plant Protection Convention means the International Plant Protection Convention, done at Rome on 6 December 1951, as in force for Australia on 16 June 2016.

Note: The Convention is in Australian Treaty Series 1952 No. 5 ([1952] ATS 5) and could in 2016 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

listed coir peat testing laboratory means a laboratory that:

 (a) the Director of Biosecurity has recognised as being competent to carry out microbial analysis of coir peat; and

 (b) is specified in a list prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 16 June 2016.

listed dried or preserved cut flowers or foliage means dried or preserved cut flowers or foliage (or a part of a flower or foliage) of a species that is listed in the List of Species of Dried or Preserved Cut Flowers and Foliage with Alternative Conditions for Import prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 16 June 2016.

Note: Flowers or foliage (or a part of a flower or foliage) of a particular species are listed in the List of Species of Dried or Preserved Cut Flowers and Foliage with Alternative Conditions for Import if the Director of Biosecurity is satisfied that the level of biosecurity risk associated with dried or preserved cut flowers or foliage (or a part of a flower or foliage) of that species is acceptable.

listed fresh cut flowers or foliage means fresh cut flowers or foliage (or a part of a flower or foliage) of a species, or from a country, that is listed in the List of Species of Fresh Cut Flowers and Foliage with Alternative Conditions for Import prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 16 June 2016.

Note: Flowers or foliage (or a part of a flower or foliage) of a particular species, or from a particular country, are listed in the List of Species of Fresh Cut Flowers and Foliage with Alternative Conditions for Import if the Director of Biosecurity is satisfied that the level of biosecurity risk associated with fresh cut flowers or foliage (or a part of a flower or foliage) of that species, or from that country, is acceptable.

listed fresh produce for human consumption means a plant (or a part of a plant) or a fungus (or a part of a fungus) of a species, or from a country, that is listed in the List of Fresh Produce for Human Consumption with Alternative Conditions for Import prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 16 June 2016.

Note: A plant (or a part of a plant), or a fungus (or a part of a fungus), of a particular species, or from a particular country, is listed in the List of Fresh Produce for Human Consumption with Alternative Conditions for Import if the Director of Biosecurity is satisfied that biosecurity risks associated with the plant (or the part of the plant), or the fungus (or the part of the fungus), of that species, or from that country, can be managed to an acceptable level.

listed mushrooms or truffles (dried) means mushrooms or truffles of a species, or from a country, that is listed in the List of Species of Mushrooms or Truffles to be Treated by Drying with Alternative Conditions for Import prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 16 June 2016.

Note: Mushrooms or truffles of a particular species, or from a particular country, are listed in the List of Species of Mushrooms or Truffles to be Treated by Drying with Alternative Conditions for Import if the Director of Biosecurity is satisfied that biosecurity risks associated with mushrooms or truffles of that species, or from that country, can be managed to an acceptable level by drying the mushrooms.

listed mushrooms or truffles (frozen) means mushrooms or truffles of a species, or from a country, that is listed in the List of Species of Mushrooms or Truffles to be Treated by Freezing with Alternative Conditions for Import prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 16 June 2016.

Note: Mushrooms or truffles of a particular species, or from a particular country, are listed in the List of Species of Mushrooms or Truffles to be Treated by Freezing with Alternative Conditions for Import if the Director of Biosecurity is satisfied that biosecurity risks associated with mushrooms or truffles of that species, or from that country, can be managed to an acceptable level by freezing the mushrooms.

listed permitted Allium spp. seeds means seeds of a species of Allium that is listed in the Permitted Allium spp. Seeds List prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 16 June 2016.

Note: A species of Allium is listed in the Permitted Allium spp. Seeds List if the Director of Biosecurity is satisfied that the level of biosecurity risk associated with seeds of that species is acceptable.

listed permitted Arecaceae (palm) seeds means seeds of a species of Arecaceae (palm) that is listed in the Permitted Arecaceae (palm) Seeds List prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 16 June 2016.

Note: A species of Arecaceae (palm) is listed in the Permitted Arecaceae (palm) Seeds List if the Director of Biosecurity is satisfied that the level of biosecurity risk associated with seeds of that species is acceptable.

listed permitted bark means bark of a species that is listed in the List of Species of Bark with Alternative Conditions for Import prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 16 June 2016.

Note: A species of bark is listed in the List of Species of Bark with Alternative Conditions for Import if the Director of Biosecurity is satisfied that biosecurity risks associated with bark of that species can be managed to an acceptable level.

listed permitted seeds means seeds of a species that is listed in the Permitted Seeds List prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 16 June 2016.

Note: A species of seed is listed in the Permitted Seeds List if the Director of Biosecurity is satisfied that the level of biosecurity risk associated with seeds of that species is acceptable.

listed plant fibres means fibres of a species of plant that is listed in the List of Plant Fibres with Alternative Conditions for Import prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 16 June 2016.

Note: A species of plant is listed in the List of Plant Fibres with Alternative Conditions for Import if the Director of Biosecurity is satisfied that the level of biosecurity risk associated with fibres of a plant of that species is acceptable.

List of Overseas Authorities—Aquatic Animals for Import means the list with that name prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 16 June 2016.

Note: A body is included in the List of Overseas Authorities—Aquatic Animals for Import if the Director of Biosecurity is satisfied that the body is competent to certify that biosecurity risks associated with aquatic goods that are, or are intended to be, brought or imported into Australian territory have been managed to an acceptable level.

meat:

 (a) means a part of an animal (other than a fish, a mollusc, a crustacean, a cnidarian, an echinoderm or a tunicate) that is intended or able to be used as food by a human being or an animal (whether or not it is cooked, dried or otherwise processed); and

 (b) includes blood, bonemeal, meat meal, tallow and fat.

meat product means a product:

 (a) that contains meat; or

 (b) of which meat is an ingredient.

microorganism includes any of the following:

 (a) a singlecelled organism (whether an animal or a plant);

 (b) a bacterium;

 (c) a protozoan;

 (d) a fungus;

 (e) a plant pathogen.

official veterinarian has the same meaning as in the Terrestrial Animal Health Code, 24th edition, 2015, promulgated by the World Organisation for Animal Health.

Note: Under that Code, official veterinarian means “a veterinarian authorised by the Veterinary Authority of the country to perform certain designated official tasks associated with animal health and/or public health and inspections of commodities and, when appropriate, to certify in conformity with the provisions of Chapters 5.1 and 5.2” of that Code.

phytosanitary certificate means an official paper document, or its official electronic equivalent, issued in accordance with Article V of the International Plant Protection Convention.

plant includes macro algae.

retorted has the meaning given by section 8.

shelfstable has the meaning given by section 9.

United Nations Convention on the Law of the Sea has the same meaning as the Convention has in the Seas and Submerged Lands Act 1973.

Note: The Convention is in Australian Treaty Series 1994 No. 31 ([1994] ATS 31) and could in 2016 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

veterinary therapeutic use means use in or in connection with:

 (a) preventing, diagnosing, curing or alleviating a disease or condition in animals; or

 (b) preventing, diagnosing, curing or alleviating the infestation of animals by a pest; or

 (c) curing or alleviating an injury suffered by animals; or

 (d) influencing, inhibiting or modifying a physiological process associated with a disease or condition in animals.

viable means capable of living, reproducing, replicating or germinating.

6  Meaning of covered by

  Goods are covered by an import permit if the permit authorises a person to bring or import the goods into Australian territory.

7  Meaning of instant use

  Goods for human consumption are for instant use if:

 (a) the goods have been commercially manufactured and packaged; and

 (b) the amount in the package is intended to be a single serving; and

 (c) no additional ingredients, or very few additional ingredients, are needed for the goods to be used as intended by the manufacturer; and

 (d) the goods require very little treatment or preparation to be used as intended by the manufacturer.

8  Meaning of retorted

 (1) Animal products have been retorted if they have been heated in a hermeticallysealed container to a minimum core temperature of 100°C, obtaining an F0 value of at least 2.8.

 (2) Goods (other than animal products) have been retorted if they have been heated in a hermeticallysealed container for a time, and to a temperature, sufficient to make the contents commercially sterile.

9  Meaning of shelfstable

  Goods are shelfstable if:

 (a) the goods have been commercially manufactured; and

 (b) the goods have been packaged by the manufacturer; and

 (c) the goods are in that package; and

 (d) the package has not been opened or broken; and

 (e) the goods are able to be stored in the package at room or ambient temperature; and

 (f) the goods do not require refrigeration or freezing before the package is opened.

Part 2Conditionally nonprohibited goods

Division 1Animals, plants, biological material and infectious agents

10  Classes of goods to which this Division applies

Classes of goods to which this Division applies

 (1) This Division applies to the following classes of goods:

 (a) animals;

 (b) plants;

 (c) biological material;

 (d) infectious agents;

 (e) fungi;

 (f) goods that contain animals, plants, biological material, infectious agents or fungi;

 (g) goods that contain an ingredient that is an animal, a plant, biological material, an infectious agent or a fungus;

 (h) goods that are made of, or are made from, an animal, a plant, biological material, an infectious agent or a fungus.

Note 1: Animal includes a dead animal and any part of an animal (see the definition of animal in section 9 of the Act).

Note 2: Plant includes a dead plant and any part of a plant (see the definition of plant in section 9 of the Act).

Note 3: Biological material and infectious agent are defined in section 5 of this instrument.

Exceptions

 (2) However, the classes of goods referred to in subsection (1) do not include any of the following:

 (a) biscuits, breads and cooked cakes (other than cakes covered by item 4 of the table in section 16);

 (b) goods sourced from the ocean, or the ocean floor, within the exclusive economic zone of Australia that have not left the exclusive economic zone of Australia before being brought or imported into Australian territory;

 (c) animal bones, teeth or tusks that are intended to be used as curios or jewellery;

 (d) animal horns without velvet or a derivative of animal horns without velvet (other than animal horns without velvet, or a derivative of animal horns without velvet, that are intended for animal consumption, veterinary therapeutic use or use as fertiliser);

 (e) biological additives in unused blood collection tubes;

 (f) a dye or colouring agent of animal origin (for example, cochineal) that is used on, or is an ingredient of, goods included in a class of goods to which this Division applies;

 (g) lactose or any derivative of lactose (other than lactose, or a derivative of lactose, that is intended for animal consumption, veterinary therapeutic use or use as fertiliser);

 (h) a plant or goods produced by, or made from, a plant (excluded plant goods) specified in the table in subsection (3).

Excluded plant goods

 (3) The following table specifies excluded plant goods for paragraph (2)(h).

 

Excluded plant goods

Item

Excluded plant goods

1

Bamboo, cane, rattan and willow, including:

(a) dried bamboo articles (including as packaging); and

(b) cane and rattan articles; and

(c) willow and wicker articles; and

(d) dried wisteria articles

2

Processed hop pellets or extract

3

Balsawood

4

Plywood, veneer articles and sheets of veneer

5

Timber packaging and dunnage

6

Barkcloth and fine mats made from bark

7

Dried plant material, for use as thatching, fencing or screening, from any of the following species and places:

(a) Calluna vulgaris;

(b) Baeckea frutescens grown in the United States of America (other than California, Florida or Hawaii) or another country where the pathogen Puccinia psidii (guava or eucalyptus rust) is known not to occur;

(c) Kochia scoparia;

(d) Bassia scoparia;

(e) Cunninghamia lanceolata grown in China;

(f) Coniogramme spp.;

(g) Belis lanceolata grown in China;

(h) Dicranopteris spp.;

(i) Pinus lanceolata grown in China;

(j) Gleichenia spp.;

(k) Pteridium spp.;

(l) Pteris spp.

8

Sphagnum moss

9

Almond nuts or kernels (Prunus amygdalus or Prunus dulcis) for human consumption

10

Brazil nuts or kernels (Bertholletia excelsa) for human consumption

11

Candle nuts or kernels (Aleurites moluccana) for human consumption

12

Cashew nuts or kernels (Anacardium occidentale) for human consumption

13

Hazelnuts or kernels (Corylus spp.) for human consumption

14

Hickory nuts or kernels (Carya spp.) for human consumption

15

Macadamia nuts or kernels (Macadamia spp.) for human consumption

16

Ngali and galip nuts or kernels (Canarium spp.) for human consumption

17

Pecan nuts or kernels (Carya illinoensis) for human consumption

18

Pili nuts or kernels (Canarium commune) for human consumption

19

Pistacia nuts or kernels (Pistacia vera) for human consumption

20

Walnuts or kernels (Juglans spp.) for human consumption

21

Charoli nuts or kernels (Buchanania lanzan) for human consumption

22

Plantbased fabrics, textiles and yarns

23

Paper and cardboard

24

Black and green tea (Camellia sinensis)

25

Potpourri

26

Cork

27

Reconstituted wood

11  Conditions—general

General rule

 (1) Subject to subsections (3) to (5) and Division 3, goods included in a class of goods to which this Division applies must not be brought or imported into Australian territory unless:

 (a) the goods are covered by an import permit; or

 (b) if alternative conditions for bringing or importing the goods into Australian territory are specified in a provision in this Division—the alternative conditions are complied with.

Note: Division 3 deals with goods that are intended to be brought or imported from Papua New Guinea into the protected zone area under the Torres Strait Treaty.

 (2) Paragraph (1)(b) does not limit paragraph (1)(a).

Goods that are made of, or are made from, or contain, 2 or more different kinds of goods

 (3) If:

 (a) goods included in a class of goods to which this Division applies (the relevant goods) are made of, or are made from, or contain, 2 or more different kinds of goods (the component goods); and

 (b) any of the component goods must not be brought or imported into Australian territory unless they are covered by an import permit (and no alternative conditions are specified for those component goods);

the relevant goods must not be brought or imported into Australian territory unless they are covered by an import permit.

Example: A person wishes to bring or import into Australian territory a commercial quantity of goods (the relevant goods) made from meat and honey. Meat in commercial quantities must not be brought or imported into Australian territory unless it is covered by an import permit. Therefore the relevant goods must not be brought or imported into Australian territory unless they are covered by an import permit. The alternative conditions specified for any quantity of honey in section 19 do not apply in relation to the relevant goods.

 (4) If:

 (a) goods included in a class of goods to which this Division applies (the relevant goods) are made of, or are made from, or contain, 2 or more different kinds of goods (the component goods); and

 (b) alternative conditions for bringing or importing the relevant goods into Australian territory are specified in another provision in this Division; and

 (c) alternative conditions for bringing or importing each of the component goods into Australian territory are specified in one or more provisions of this Division;

the relevant goods must not be brought or imported into Australian territory unless:

 (d) the relevant goods are covered by an import permit; or

 (e) the alternative conditions specified for the relevant goods are complied with; or

 (f) the alternative conditions specified for each of the component goods are complied with.

Example: A person wishes to bring or import into Australian territory noodles that contain meatbased flavouring and eggs. Alternative conditions for bringing or importing noodles into Australian territory are specified in section 18. Alternative conditions for bringing or importing meatbased flavouring products and eggs into Australian territory are specified in sections 15 and 17. The noodles may be brought or imported into Australian territory if the noodles are covered by an import permit or:

(a) the alternative conditions for noodles in section 18 are complied with; or

(b) the alternative conditions for meatbased flavouring products and eggs in sections 15 and 17 are complied with.

 (5) If:

 (a) goods included in a class of goods to which this Division applies (the relevant goods) are made of, or are made from, or contain, 2 or more different kinds of goods (the component goods); and

 (b) alternative conditions for bringing or importing each of the component goods into Australian territory are specified in one or more provisions of this Division; and

 (c) subsection (4) does not apply in relation to the goods;

the relevant goods must not be brought or imported into Australian territory unless:

 (d) the relevant goods are covered by an import permit; or

 (e) the alternative conditions specified for each of the component goods are complied with.

Example: A person wishes to bring or import into Australian territory goods (the relevant goods) that are made of fish and dairy products. Alternative conditions for bringing or importing the fish products into Australian territory are specified in section 14. Alternative conditions for bringing or importing the dairy products into Australian territory are specified in section 16. The relevant goods may be brought or imported into Australian territory if the goods are covered by an import permit or:

(a) the alternative conditions for the fish products in section 14 are complied with; and

(b) the alternative conditions for the dairy products in section 16 are complied with.

12  Alternative conditionslive animals

  For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing certain live animals into Australian territory.

 

Alternative conditions—live animals

Item

Column 1
Goods

Column 2
Alternative conditions

1

Live domestic cats

The animal:

(a) is brought or imported from New Zealand; and

(b) is accompanied by a health certificate for the animal that was signed by an official veterinarian not more than 5 days before the day the animal left New Zealand

2

Live domestic dogs

The animal:

(a) is brought or imported from New Zealand; and

(b) is accompanied by a health certificate for the animal that was signed by an official veterinarian not more than 5 days before the day the animal left New Zealand

13  Alternative conditions—dead animals, animal parts and related goods

  For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing certain dead animals, animal parts and related goods into Australian territory.

 

Alternative conditions—dead animals, animal parts and related goods

Item

Column 1
Goods

Column 2
Alternative conditions

1

Animal (including fish) skins and hides

The goods are preserved or tanned

2

Goods made with rawhide, other than goods intended for:

(a) animal consumption; or

(b) use as bioremedial agents or fertiliser; or

(c) growing purposes; or

(d) veterinary therapeutic use

Not more than 10 of the same kind of goods are intended to be brought or imported into Australian territory together

3

Animal bristles or hair, other than:

(a) animal bristles or hair for use in animal husbandry or human or animal grooming; or

(b) wool, goat fibre or other animal fibre

The goods:

(a) are clean and free from other animal or plant material and soil; and

(b) are not for use in animal foods or fertilisers

4

Animal bristles or hair for use in animal husbandry or human or animal grooming

The goods:

(a) are clean and free from other animal or plant material and soil; and

(b) have been scoured or sterilised to manage biosecurity risks associated with the goods to an acceptable level; and

(c) are accompanied by evidence stating that the goods have been scoured or sterilised to manage biosecurity risks associated with the goods to an acceptable level

5

Feathers that are not intended for animal consumption, veterinary therapeutic use or use as fertiliser

The goods are clean and free from other animal or plant material and soil

6

Wool, goat fibre or other animal fibre

The goods:

(a) are clean and free from other animal or plant material and soil; and

(b) have been scoured to manage biosecurity risks associated with the goods to an acceptable level; and

(c) if the goods are not for personal use—are accompanied by evidence stating that the goods have been scoured to manage biosecurity risks associated with the goods to an acceptable level

7

Eggshells or eggshell ornaments

The goods are clean and free of adhering materials

8

Kopi luwak

The goods:

(a) are completely embedded in resin; and

(b) are intended for display only

9

Fishing flies

The goods are clean and free of animal tissue

10

Sea shells, other than oyster shells that are not part of manufactured goods

The goods:

(a) are not viable; and

(b) are clean and free from other animal or plant material and soil

11

Dead animals, animal parts, animal secretions or animal tissue, other than goods covered by another item in this table

Any of the following:

(a) the goods have been preserved by taxidermy for display;

(b) the goods have been cremated;

(c) the goods are completely embedded in resin and are intended for display only;

(d) all of the following:

(i) the goods are in a sealed container;

(ii) the goods have been preserved in a solution containing 70% alcohol or 10% formalin or a minimum of 2% glutaraldehyde, or the goods have been plastinated using curable polymers;

(iii) the goods are accompanied by a certificate from the laboratory or other facility that preserved or plastinated the goods stating that the goods have undergone complete preservation and fixation or the goods have been completely plastinated;

(iv) no animal is, or will be, exposed (whether directly or indirectly) to the goods or any derivatives of the goods;

(v) the goods are not intended to be used for isolation or synthesis of viable microorganisms or infectious agents or their homologues;

(e) if the goods are dead insects or arachnids:

(i) the goods have been preserved for collection or display; and

(ii) the goods are not intended to be used for isolation or synthesis of viable microorganisms or infectious agents or their homologues; and

(iii) no animal is, or will be, exposed (whether directly or indirectly) to the goods or any derivatives of the goods

14  Alternative conditions—dead fish, crustaceans and related goods

  For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing certain dead fish, crustaceans and related goods into Australian territory.

 

Alternative conditions—dead fish, crustaceans and related goods

Item

Column 1
Goods

Column 2
Alternative conditions

1

Dead teleost fish, other than fish of the family Salmonidae or Plecoglossidae

Any of the following:

(a) the goods have been processed to the extent needed to manage biosecurity risks associated with the goods to an acceptable level;

(b) the goods:

(i) are eviscerated or processed further than evisceration; and

(ii) are in a quantity of not more than 5 kilograms; and

(iii) are brought in as baggage;

(c) the goods:

(i) have been eviscerated and the head and gills have been removed; and

(ii) are accompanied by a certificate from a body listed in the List of Overseas Authorities—Aquatic Animals for Import stating that the goods have been processed to the extent needed to manage biosecurity risks associated with the goods to an acceptable level

2

Dead teleost fish from New Zealand, other than fish of the family Salmonidae or Plecoglossidae

The goods:

(a) were caught in the exclusive economic zone of New Zealand (as defined in the United Nations Convention on the Law of the Sea), or in international waters adjacent to the exclusive economic zone of New Zealand, by persons who were approved or registered to catch the goods in accordance with controls administered by the government of New Zealand; and

(b) are accompanied by a certificate given by an official of the government of New Zealand stating that the goods were caught as described in paragraph (a)

3

Dead elasmobranch fish or fish parts (including dried fish or fish parts), other than fish meal

Either:

(a) the goods:

(i) are not viable; and

(ii) are clean and free from other animal or plant material and soil; or

(b) the goods:

(i) have been processed to manage biosecurity risks associated with the goods to an acceptable level; and

(ii) are fit for human consumption

4

Dead nonsalmonid finfish or finfish product

The goods:

(a) can be stored at room or ambient temperature and do not need to be refrigerated or frozen before being used; and

(b) are for personal use

5

Dead fish and fish products of the family Salmonidae or Plecoglossidae, other than:

(a) roe or caviar; or

(b) salmon oil

Either:

(a) the goods have been retorted and the container in which the goods were retorted has not been opened since the goods were retorted; or

(b) the goods:

(i) have been processed to the extent needed to manage biosecurity risks associated with the goods to an acceptable level; and

(ii) have been commercially prepared and packaged; and

(iii) if brought in as baggage—are in a quantity of less than 5 kilograms; and

(iv) if not brought in as baggage—are in a quantity of less than 450 grams

6

Roe or caviar of the family Salmonidae or Plecoglossidae

The goods have been retorted and the container in which the goods were retorted has not been opened since the goods were retorted

7

Salmon oil

The goods:

(a) are for human therapeutic use; and

(b) if the goods are for personal use—the goods are in a quantity of not more than 3 months’ supply

8

Dead crustaceans, other than:

(a) prawns; or

(b) freshwater crayfish; or

(c) crustacean meal

The goods:

(a) are not viable; and

(b) are clean and free from other animal or plant material and soil

9

Freshwater crayfish

The goods are cooked to the extent needed to manage biosecurity risks associated with the goods to an acceptable level

10

Prawns or prawn products, other than:

(a) dried prawns; or

(b) prawn meal; or

(c) prawnbased food products

All of the following:

(a) the goods have been cooked in premises in the exporting country that are approved by, and under the control of, a body listed in the List of Overseas Authorities—Aquatic Animals for Import;

(b) as a result of the cooking process, all the protein in the prawn meat has coagulated and no raw prawn meat remains;

(c) the goods are accompanied by a certificate from the body referred to in paragraph (a) stating that the conditions in paragraphs (a) and (b) have been met

11

Prawnbased food products

The goods are shelfstable

12

Dried prawns, other than crustacean meal

The goods are clean and free from other animal or plant material and soil

13

Molluscs, other than:

(a) oysters in full or half shell; or

(b) snails

The goods:

(a) are not viable; and

(b) are clean and free from other animal or plant material and soil

14

Oysters in half shell from New Zealand

The goods:

(a) have been produced or cultivated in New Zealand; and

(b) are not viable; and

(c) are clean and free from other animal or plant material and soil

15

Cnidarians (coelenterates), other than coral sand

The goods:

(a) are not viable; and

(b) are clean and free from other animal or plant material and soil

16

Echinoderms

The goods:

(a) are not viable; and

(b) are clean and free from other animal or plant material and soil

17

Tunicates

The goods:

(a) are not viable; and

(b) are clean and free from other animal or plant material and soil

15  Alternative conditions—meat and meat products

 (1) This section does not apply to meat or meat products that are intended for:

 (a) animal consumption; or

 (b) use as bioremedial agents or fertiliser; or

 (c) growing purposes; or

 (d) veterinary therapeutic use.

 (2) For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing meat and meat products into Australian territory.

 

Alternative conditions—meat and meat products

Item

Column 1
Goods

Column 2
Alternative conditions

1

Meatbased flavouring product

The goods:

(a) have been commercially manufactured and packaged; and

(b) do not contain any discernible pieces of meat; and

(c) are for personal use

2

Meat or meat products from New Zealand, other than:

(a) pork; or

(b) avian meat

Either:

(a) the goods:

(i) were produced from animals in New Zealand; and

(ii) are clearly labelled on the outermost of the largest packaged unit with the date of processing, the name and address of the place of production, and “Product of New Zealand”; or

(b) the goods:

(i) are clearly labelled as a product of New Zealand; and

(ii) are for personal use

3

Pâté, whether or not egg is included as an ingredient

All of the following:

(a) the goods are shelfstable;

(b) the goods are for personal use;

(c) the quantity of the goods is not more than 1 kilogram or 1 litre

4

Pork crackling or pork rind

The goods:

(a) are shelfstable; and

(b) are for personal use

5

Meat floss

The goods:

(a) have been commercially prepared; and

(b) are for personal use

6

Meat jerky or biltong

All of the following:

(a) the goods are shelfstable;

(b) the goods are for personal use;

(c) the quantity of the goods is not more than 1 kilogram;

(d) if the goods are not from avian meat—the goods have been manufactured in an FMDfree country

7

Meat or meat products, other than meat or meat products covered by another item in this table

Either:

(a) the goods:

(i) have been retorted and the container in which the goods were retorted has not been opened since the goods were retorted; and

(ii) contain less than 5% by weight of meat; and

(iii) are shelfstable; or

(b) the goods:

(i) have been commercially manufactured and packaged; and

(ii) have been retorted and the container in which the goods were retorted has not been opened since the goods were retorted; and

(iii) are shelfstable; and

(iv) are for personal use

16  Alternative conditions—dairy products

 (1) This section does not apply to dairy products that are intended for:

 (a) animal consumption; or

 (b) use as bioremedial agents or fertiliser; or

 (c) growing purposes; or

 (d) veterinary therapeutic use.

 (2) For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing certain dairy products into Australian territory.

 

Alternative conditions—dairy products

Item

Column 1
Goods

Column 2
Alternative conditions

1

Dairy products, other than:

(a) infant formula; or

(b) dairy products intended for use as stockfeed

Any of the following:

(a) the goods:

(i) have been commercially prepared and packaged; and

(ii) were manufactured in an FMDfree country; and

(iii) are for personal use;

(b) the goods:

(i) are shelfstable; and

(ii) are in a quantity of not more than 1 litre or 1 kilogram; and

(iii) are for personal use;

(c) if the goods contain one or more packets (for example, a box containing a cake mix)—each packet contains less than 10% by dry weight (other than added water) of dairy products

2

Infant formula

Any of the following:

(a) the goods:

(i) have been commercially prepared and packaged; and

(ii) were manufactured in one or more FMDfree countries only; and

(iii) are accompanied by evidence showing that the goods were manufactured in one or more FMDfree countries only; and

(iv) are for personal use;

(b) all of the following:

(i) the goods have been commercially prepared and packaged;

(ii) the goods are for personal use;

(iii) the person bringing in the goods is accompanied by one or more infants;

(iv) the goods are brought in as baggage;

(c) all of the following:

(i) the goods are shelfstable;

(ii) the goods are for personal use;

(iii) if the goods are not brought in as baggage—the quantity of the goods is not more than 1 kilogram or 1 litre;

(iv) if the goods are brought in as baggagethe quantity of the goods is not more than 5 kilograms or 5 litres;

(d) if the goods contain one or more packets—each packet contains less than 10% by dry weight (other than added water) of dairy products

3

Commercial dairy products from New Zealand, other than dairy products intended for use as stockfeed

The goods:

(a) are brought in or imported directly from New Zealand; and

(b) are made of ingredients that originated in, and were produced, processed and manufactured in, Australian territory or New Zealand only

4

Cheesecakes or cooked cakes containing dairy fillings or toppings

The goods:

(a) were manufactured in an FMDfree country; and

(b) are for personal use

5

Dairybased beverages

The goods:

(a) include tea, coffee or flavouring as an ingredient; and

(b) are shelfstable; and

(c) are for instant use; and

(d) are for personal use

6

Chocolate

The goods have been commercially prepared and packaged

7

Clarified butter oil or ghee

The goods have been commercially prepared and packaged

17  Alternative conditions—eggs and egg products

 (1) This section does not apply to eggs or egg products that are intended for:

 (a) animal consumption; or

 (b) use as bioremedial agents or fertiliser; or

 (c) growing purposes; or

 (d) veterinary therapeutic use.

 (2) For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing eggs and egg products into Australian territory.

 

Alternative conditions—eggs and egg products

Item

Column 1
Goods

Column 2
Alternative conditions

1

Whole eggs

All of the following:

(a) the goods have been retorted and the container in which the goods were retorted has not been opened since the goods were retorted;

(b) the goods are shelfstable;

(c) the quantity of the goods is not more than 1 kilogram or 1 litre;

(d) the goods are for personal use

2

Egg products, goods that include egg as an ingredient, or goods that contain egg

Either:

(a) the goods:

(i) contain less than 10% by weight (other than added water) of egg or egg product; and

(ii) do not contain discernible pieces of egg; or

(b) the goods:

(i) have been processed so that they are not whole eggs; and

(ii) are shelfstable; and

(iii) are in a quantity of not more than 1 kilogram or 1 litre; and

(iv) are for personal use

3

Egg waffles

The goods:

(a) are shelfstable; and

(b) are for personal use

4

Mooncakes that include egg

The goods:

(a) do not contain meat as an ingredient; and

(b) are shelfstable; and

(c) are for personal use

18  Alternative conditions—miscellaneous goods for human consumption

  For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing miscellaneous goods for human consumption into Australian territory.

 

Alternative conditions—miscellaneous goods for human consumption

Item

Column 1
Goods

Column 2
Alternative conditions

1

Gelatine

The goods have been commercially prepared

2

Luwak coffee (in any form)

All of the following:

(a) the goods have been roasted;

(b) the goods have been commercially prepared and packaged;

(c) the quantity of the goods is not more than 1 litre or 1 kilogram;

(d) the goods are for personal use

3

Any of the following containing grain, seeds, dried fruits or nuts:

(a) muesli bars;

(b) uncooked readytobake bread mix;

(c) breakfast cereals

The goods:

(a) have been commercially prepared and packaged; and

(b) are ready for retail sale

4

Soup

The goods:

(a) are shelfstable; and

(b) are for personal use

5

Birds’ nests

The goods:

(a) have been commercially manufactured; and

(b) have been retorted and the container in which the goods were retorted has not been opened since the goods were retorted; and

(c) are for personal use

6

Noodles or pasta that contain or include as an ingredient:

(a) eggs or egg products; or

(b) meatbased flavouring products

All of the following:

(a) the goods are shelfstable;

(b) if the goods contain meat, meatbased flavouring products or discernible pieces of egg—the goods are for instant use;

(c) the goods are for personal use

7

Snails

The goods have been retorted and the container in which the goods were retorted has not been opened since the goods were retorted

8

Protein powders or supplements (which may include enzymes or egg proteins)

The goods:

(a) have been commercially prepared and packaged; and

(b) have been manufactured in an FMDfree country; and

(c) are for personal use

9

Animal products for human consumption that were exported from Australian territory but did not clear customs or quarantine in another country

All of the following:

(a) the goods were commercially manufactured in Australian territory;

(b) the goods were packaged in Australian territory by the manufacturer;

(c) the packaging indicates that the goods are a product of Australia;

(d) the packaging has not been opened and is not broken;

(e) the goods are for personal use

19  Alternative conditions—honey and bee products

  For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing honey and certain bee products into Australian territory.

 

Alternative conditions—honey and bee products

Item

Column 1
Goods

Column 2
Alternative conditions

1

The following goods:

(a) honey (whether or not containing honeycomb);

(b) bee venom;

(c) bee wax;

(d) honeycomb;

(e) propolis;

(f) royal jelly

The goods:

(a) unless paragraph (b) applies, are pure and free from extraneous material; or

(b) if the goods are an ingredient of other goods—were pure and free from extraneous material before being added to the other goods

20  Alternative conditions—foods and supplements for animals

  For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing foods and supplements for animals into Australian territory.

 

Alternative conditions—foods and supplements for animals

Item

Column 1
Goods

Column 2
Alternative conditions

1

Food for consumption by domestic cats or domestic dogs

All of the following:

(a) the goods:

(i) do not contain any ingredients derived from ruminants (other than dairy products); or

(ii) contain ingredients derived from ruminants that originated from Australia or New Zealand only, and the goods were manufactured in, and exported from, New Zealand;

(b) the goods have been retorted and the container in which the goods were retorted has not been opened since the goods were retorted;

(c) the goods are shelfstable;

(d) the goods are in a hermetically sealed container that is stamped or embossed in indelible ink with the identification number of the manufacturing facility and the batch number;

(e) the goods are accompanied by commercial documentation that lists the trade names of the goods;

(f) the goods are accompanied by an official government veterinary certificate from the country where the goods were manufactured, stating:

(i) that the conditions in paragraphs (a), (b) and (c) have been met; and

(ii) if the food contains animal material (other than dairy, avian or fish material or products originating in Australia or New Zealand)—that the animal from which the material was derived was found to be free from contagious and infectious disease in antemortem and postmortem inspections; and

(iii) if the food contains avian material (other than egg or egg products)—that the animal from which the material was derived was found to be free from contagious and infectious disease in any inspections carried out (whether antemortem or postmortem); and

(iv) the identification number, or veterinary control number, of the establishment where the goods were manufactured

2

Rawhide chews for consumption by domestic cats or domestic dogs

The goods:

(a) are hide or skin that has been soaked in a liming solution of pH 14 for not less than 8 hours; and

(b) were made using hide or skin only with no other biological materials (for example, cartilage); and

(c) are accompanied by:

(i) an official government veterinary certificate from the country in which the goods were manufactured stating that the conditions in paragraphs (a) and (b) have been met; or

(ii) a declaration by the manufacturer of the goods that has been endorsed by an official government veterinarian stating that the conditions in paragraphs (a) and (b) have been met

3

Cuttlefish bone

Either:

(a) the goods:

(i) are cuttlefish bone only; and

(ii) are accompanied by a declaration by the manufacturer of the goods stating that the goods are cuttlefish bone only; or

(b) if the goods contain ingredients other than cuttlefish bone—the goods are accompanied by a declaration by the manufacturer of the goods stating:

(i) those ingredients; and

(ii) that any conditions specified in this Division for those ingredients have been complied with

4

Dead teleost fish (other than fish from the family Salmonidae or Plecoglossidae) or cephalopods from New Zealand

The goods:

(a) were caught in the exclusive economic zone of New Zealand (as defined in the United Nations Convention on the Law of the Sea), or in international waters adjacent to the exclusive economic zone of New Zealand, by persons who were approved or registered to catch the goods in accordance with controls administered by the government of New Zealand; and

(b) are accompanied by a certificate given by an official of the government of New Zealand stating that the goods were caught as described in paragraph (a)

5

Dead cephalopods that were jig caught

The goods:

(a) were jig caught; and

(b) are in clean and new packaging; and

(c) are accompanied by an official health certificate issued by the government of the exporting country stating that the cephalopods were jig caught

6

Dead cephalopods that were caught using trawl or purse seine fishing methods

The goods:

(a) were caught using trawl or purse seine fishing methods; and

(b) contain no other ingredients; and

(c) are in clean and new packaging

7

Food or supplements for animals containing alcohol, citric acid, lactic acid or xanthan gum

The goods are accompanied by documentation stating the ingredients in the product and the highly processed and purified nature of the goods

8

Purified amino acid that is a highly processed and purified extract from plant materials

All of the following:

(a) the goods have been processed in a way that ensures that biosecurity risks associated with the goods have been managed to an acceptable level;

(b) the goods are accompanied by a declaration by the manufacturer of the goods stating that:

(i) the goods are a highly processed and purified extract from plant materials; and

(ii) no materials of terrestrial animal or avian origin have been used during manufacture; and

(iii) the goods have been manufactured to be compliant with the relevant monograph from at least one of the following published standards: United States Pharmacopeia, European Pharmacopoeia, British Pharmacopoeia or USP Food Chemicals Codex; and

(iv) the level of purity of the goods (excluding any nonbiological carrier) has been shown to be at least 98%, calculated on a dry weight basis; and

(v) the goods are not on a grain or animalbased carrier; and

(vi) the goods have not been exposed to contamination after processing; and

(vii) the goods have been packed in clean and new packaging only; and

(viii) the goods were manufactured in a facility that is operated according to standards of quality applicable to the production of stockfeed products, including appropriate standards for prevention of crosscontamination of production cultures or raw materials

9

Purified amino acid that is a highly processed and purified extract from a microbial fermentation process

All of the following:

(a) the goods have been processed in a way that ensures that biosecurity risks associated with the goods have been managed to an acceptable level;

(b) the goods are accompanied by a declaration by the manufacturer of the goods stating that:

(i) the goods are a highly processed and purified extract from a microbial fermentation process and the culture media used in manufacture of the goods has been sterilised; and

(ii) no materials of terrestrial animal or avian origin have been used during manufacture; and

(iii) the goods have been manufactured to be compliant with the relevant monograph from at least one of the following published standards: United States Pharmacopeia, European Pharmacopoeia, British Pharmacopoeia or USP Food Chemicals Codex; and

(iv) the level of purity of the goods (excluding any nonbiological carrier) has been shown to be at least 98%, calculated on a dry weight basis; and

(v) the goods are not on a grain or animalbased carrier; and

(vi) the goods have not been exposed to contamination after processing; and

(vii) the goods have been packed in clean and new packaging only; and

(viii) the goods were manufactured in a facility that is operated according to standards of quality applicable to the production of stockfeed products, including appropriate standards for prevention of crosscontamination of production cultures or raw materials

10

Purified vitamins (other than vitamin D3) that are a highly processed and purified extract from plant materials

All of the following:

(a) the goods are free from extraneous material;

(b) the goods have been processed in a way that ensures that biosecurity risks associated with the goods have been managed to an acceptable level;

(c) the goods are accompanied by a declaration by the manufacturer of the goods stating that:

(i) the goods are a highly processed and purified extract from plant materials; and

(ii) no materials of terrestrial animal or avian origin have been used during manufacture; and

(iii) the goods have been manufactured to be compliant with the relevant monograph from at least one of the following published standards: United States Pharmacopeia, European Pharmacopoeia, British Pharmacopoeia or USP Food Chemicals Codex; and

(iv) the level of purity of the goods (excluding any nonbiological carrier) has been shown to be at least 96%, calculated on a dry weight basis; and

(v) the goods are not on a grain or animalbased carrier; and

(vi) the goods have not been exposed to contamination after processing; and

(vii) the goods have been packed in clean and new packaging only; and

(viii) the goods were manufactured in a facility that is operated according to standards of quality applicable to the production of stockfeed products, including appropriate standards for prevention of crosscontamination of production cultures or raw materials

11

Purified vitamins (other than vitamin D3) that are a highly processed and purified extract from a microbial fermentation process

All of the following:

(a) the goods are free from extraneous material;

(b) the goods have been processed in a way that ensures that biosecurity risks associated with the goods have been managed to an acceptable level;

(c) the goods are accompanied by a declaration by the manufacturer of the goods stating that:

(i) the goods are a highly processed and purified extract from a microbial fermentation process and the culture media used in manufacture of the vitamin has been sterilised; and

(ii) no materials of terrestrial animal or avian origin have been used during manufacture; and

(iii) the goods have been manufactured to be compliant with the relevant monograph from at least one of the following published standards: United States Pharmacopeia, European Pharmacopoeia, British Pharmacopoeia or USP Food Chemicals Codex; and

(iv) the level of purity of the goods (excluding any nonbiological carrier) has been shown to be at least 96%, calculated on a dry weight basis; and

(v) the goods are not on a grain or animalbased carrier; and

(vi) the goods have not been exposed to contamination after processing; and

(vii) the goods have been packed in clean and new packaging only; and

(viii) the goods were manufactured in a facility that is operated according to standards of quality applicable to the production of stockfeed products, including appropriate standards for prevention of crosscontamination of production cultures or raw materials

12

Purified vitamin D3 that is a highly processed derivative of wool grease

All of the following:

(a) the goods are free from extraneous material;

(b) the goods have been processed in a way that ensures that biosecurity risks associated with the goods have been managed to an acceptable level;

(c) the goods are accompanied by a declaration by the manufacturer of the goods stating that:

(i) the goods are a highly processed derivative of wool grease; and

(ii) the only material of terrestrial animal or avian origin used during the manufacture of the goods was wool grease; and

(iii) the goods have been manufactured to be compliant with the relevant monograph from at least one of the following published standards: United States Pharmacopeia, European Pharmacopoeia, British Pharmacopoeia or USP Food Chemicals Codex; and

(iv) the level of purity of the goods (excluding any nonbiological carrier) has been shown to be at least 96%, calculated on a dry weight basis; and

(v) the goods are not on a grain or animalbased carrier; and

(vi) the goods have not been exposed to contamination after processing; and

(vii) the goods have been packed in clean and new packaging only; and

(viii) the goods were manufactured in a facility that is operated according to the standards of quality applicable to the production of stockfeed products, including appropriate standards for prevention of crosscontamination of production cultures or raw materials

13

Food or supplements for animals containing Saccharomyces cerevisiae

All of the following:

(a) the goods contain, as the material of microbial origin, pure cultures of Saccharomyces cerevisiae or a derivative or extract of a pure culture of Saccharomyces cerevisiae;

(b) the goods contain no materials of animal origin;

(c) the goods are free from extraneous material;

(d) the goods are accompanied by a declaration by the manufacturer of the goods stating that:

(i) the conditions in paragraphs (a) and (b) have been met; and

(ii) the media used to propagate the Saccharomyces cerevisiae contained no materials of terrestrial, aquatic or avian animal origin; and

(iii) the goods are not on a grain or animalbased carrier; and

(iv) the goods have not been exposed to contamination after processing; and

(v) the goods have been packed in clean and new packaging only; and

(vi) the goods were manufactured in a facility that is operated according to the standards of quality applicable to the production of animal feed products, including appropriate standards for prevention of crosscontamination of production cultures or raw materials

21  Alternative conditions—cosmetics and related goods

  For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing cosmetics and related goods into Australian territory.

 

Alternative conditions—cosmetics and related goods

Item

Column 1
Goods

Column 2
Alternative conditions

1

Cosmetics of animal origin for human use

The goods:

(a) have been commercially manufactured, prepared and packaged; and

(b) either:

(i) are for personal use; or

(ii) contain, in total, less than 20% by mass of material of animal origin (for example, musk, civet or ambergris)

2

Soap

Both of the following:

(a) the soap has been commercially prepared;

(b) the biological ingredients of the goods have undergone a process of saponification

22  Alternative conditionslive plants for use as nursery stock

  For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing live plants for use as nursery stock into Australian territory.

 

Alternative conditions—live plants for use as nursery stock

Item

Column 1
Goods

Column 2
Alternative conditions

1

Live Orchidaceae (orchid) plant imported as tissue cultures

The goods:

(a) are growing in an aseptic nonanimalbased medium in a closed rigid and transparent container; and

(b) are well established in that medium and container; and

(c) are brought in as baggage

23  Alternative conditions—miscellaneous plant materials and plant products

  For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing miscellaneous plant materials and plant products into Australian territory.

 

Alternative conditions—miscellaneous plant materials and plant products

Item

Column 1
Goods

Column 2
Alternative conditions

1

Processed plant products, other than goods that are covered by another provision in this Division

The goods have been processed so that they are not viable and there is no risk of contamination or infection from a disease or plant pathogen

2

Herbarium specimens of vascular plants or macro algae

The goods:

(a) are free from animal material, excess soil and are not infected or contaminated with a pathogen; and

(b) are in clean and new packaging; and

(c) are intended to be kept in a reference collection at a herbarium listed in the Index Herbariorum; and

(d) are exported from a herbarium listed in the Index Herbariorum for the purposes of caring for systematically arranged collections of dried plants; and

(e) are accompanied by a declaration that is clearly marked as being from the exporting herbarium, stating the following:

(i) the name and position of the person making the declaration;

(ii) a list of the specimens in the consignment (including the classification of the specimens to at least family category), linked to either the herbarium accession numbers or collectors’ details or identifiers (for example, the accompanying loan listing);

(iii) that the specimens have been fully processed to their final state by a method other than freezing;

(iv) if the goods are plant specimens only—that fact

3

Unprocessed cereal straw articles or products

The goods:

(a) are for personal use; and

(b) are brought in as baggage or mail

4

Purified plant deoxyribonucleic acid (DNA) or ribonucleic acid (RNA)

Both of the following:

(a) the goods:

(i) are purified plant DNA or RNA; and

(ii) were derived from healthy plants that were not infected or contaminated with a pathogen; and

(iii) were extracted using a standard laboratory procedure that lyses cells and removes proteins from the nucleic acid preparation; and

(iv) are intended for invitro use only;

(b) the goods are accompanied by evidence stating the matters specified in subparagraphs (a)(i) to (iv)

5

Dried Tillandsia spp.

The goods:

(a) are for personal use; and

(b) are brought in as baggage

6

Dried or preserved cut flowers or foliage

Both of the following:

(a) the goods are listed dried or preserved cut flowers or foliage;

(b) the goods:

(i) have been completely covered by lacquering, painting or coating with metal, or have been dried or freezedried; or

(ii) are accompanied by a declaration by the manufacturer of the goods stating how the goods have been preserved to manage biosecurity risks associated with the goods to an acceptable level

7

Plant material (including wood or bamboo, plant or plant parts with soil attached) embedded in a compound that has been fully sealed using a heat, moulding or chemical process

The goods:

(a) are for personal use and are brought in as baggage or mail; or

(b) are accompanied by a declaration by the manufacturer of the goods stating how the goods have been processed to manage biosecurity risks associated with the goods to an acceptable level

8

Green coffee beans for processing, other than coffee beans that have been digested through an animal

The goods are free from fruit pulp and parchment

9

Herbal tea in tea bags or capsules

All of the following:

(a) the goods have been dried;

(b) the goods have been commercially prepared and packaged;

(c) if the goods contain slippery elm bark as an ingredient—the quantity of the goods is not more than 1 kilogram;

(d) if the goods contain seeds as ingredients—the seeds:

(i) are listed permitted seeds; or

(ii) have been processed so they are not viable;

(e) the goods:

(i) are for personal use and are brought in as baggage or mail; or

(ii) are accompanied by a declaration by the manufacturer of the goods that identifies all ingredients contained in the goods and their origin, and describes any processing that has occurred to manage the biosecurity risks associated with the goods to an acceptable level

10

Loose leaf herbal tea

All of the following:

(a) the goods have been dried and commercially prepared and packaged;

(b) if the goods contain seeds as an ingredient—the seeds:

(i) are listed permitted seeds; or

(ii) have been processed so that they are not viable;

(c) if the goods are in a quantity of not more than 1 kilogram—the ingredients contained in the goods have been finely chopped;

(d) if the goods are in a quantity of more than 1 kilogram—the goods:

(i) are for personal use and are brought in as baggage or mail; or

(ii) are accompanied by a declaration by the manufacturer of the goods that identifies all ingredients contained in the goods and their origin, and describes any processing that has occurred to manage the biosecurity risks associated with the goods to an acceptable level

11

Dried hops (Humulus lupulus)

The goods:

(a) were grown and produced in New Zealand only; and

(b) are intended for processing; and

(c) are accompanied by a phytosanitary certificate or commercial documentation stating the matters specified in paragraphs (a) and (b)

12

Artificial plants on natural stems

The goods:

(a) are for personal use; and

(b) are brought in as baggage or mail

13

Plant fibres

Both of the following:

(a) the goods are listed plant fibres;

(b) the goods:

(i) are accompanied by evidence stating the botanical name (including genus and species) or common name of the goods; or

(ii) are for personal use and are brought in as baggage or mail

14

Pine cones

The goods:

(a) are for personal use; and

(b) are brought in as baggage or mail

15

Unprocessed cotton including any of the following:

(a) raw or seed cotton;

(b) cotton lint;

(c) linters;

(d) cotton waste;

(e) waste cotton

The goods:

(a) are for personal use; and

(b) are brought in as baggage or mail

24  Alternative conditions—nuts for human consumption

  For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing nuts for human consumption into Australian territory.

 

Alternative conditions—nuts for human consumption

Item

Column 1
Goods

Column 2
Alternative conditions

1

The following nuts:

(a) peanuts (Arachis hypogaea);

(b) pine nuts (Pinus spp.)

The goods:

(a) have been commercially prepared, processed and packaged; and

(b) either:

(i) are for personal use; or

(ii) are accompanied by commercial documentation stating the kind of nuts

2

Chestnuts (Castanea spp.) grown in New Zealand

The goods:

(a) were grown and produced in New Zealand; and

(b) are accompanied by a phytosanitary certificate issued by the exporting country’s national plant protection organisation showing that:

(i) the goods were grown and produced in New Zealand; and

(ii) biosecurity risks associated with the goods (including any packaging) have been managed to an acceptable level

3

Chestnuts (Castanea spp.) grown in Australian territory

All of the following:

(a) were grown in Australian territory;

(b) before being brought or imported into Australian territory, the goods were:

(i) processed; and

(ii) frozen at a core temperature of minus 18°C for at least 7 consecutive days; and

(iii) packaged;

(c) the goods are accompanied by a phytosanitary certificate issued by the exporting country’s national plant protection organisation showing that biosecurity risks associated with the goods (including any packaging) have been managed to an acceptable level;

(d) the goods are accompanied by commercial documentation stating that biosecurity risks associated with the goods have been managed to an acceptable level during the processing of the goods;

(e) the goods are accompanied by a declaration by the manufacturer of the goods stating how biosecurity risks associated with the goods have been managed to an acceptable level

25  Alternative conditions—cereals, grains, legumes, pulses and oil seeds for human consumption

  For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing cereals, grains, legumes, pulses (other than peanuts) and oil seeds for human consumption into Australian territory.

 

Alternative conditions—cereals, grains, legumes, pulses and oil seeds for human consumption

Item

Column 1
Goods

Column 2
Alternative conditions

1

Any of the following:

(a) grain;

(b) cereals;

(c) legumes and pulses, other than peanuts;

(d) oil seeds

The goods have been processed to the extent needed to manage biosecurity risks associated with the goods to an acceptable level

26  Alternative conditions—fresh cut flowers and foliage for decorative purposes

  For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing fresh cut flowers and foliage for decorative purposes into Australian territory.

 

Alternative conditions—fresh cut flowers and foliage for decorative purposes

Item

Column 1
Goods

Column 2
Alternative conditions

1

Fresh cut flowers and foliage

Both of the following:

(a) the goods are listed fresh cut flowers or foliage;

(b) the goods:

(i) are accompanied by evidence stating the botanical name (including genus and species) or common name of the goods; or

(ii) are in a quantity of not more than 6 small boxes, bouquets or equivalent, are for personal use, and are brought in as baggage

2

Lilium spp. cut flowers

The goods:

(a) were grown and produced in Taiwan; and

(b) are commercial hybrid varieties and are free from stem bulbils; and

(c) are accompanied by:

(i) a phytosanitary certificate stating the matters specified in paragraphs (a) and (b); and

(ii) evidence stating the botanical name (including genus and species) or common name of the goods

27  Alternative conditions—packaging

  For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing packaging into Australian territory.

 

Alternative conditions—packaging

Item

Column 1
Goods

Column 2
Alternative conditions

1

Packaging for live plants including:

(a) buckwheat hulls (Fagopyrum esculentum);

(b) cardboard;

(c) cellulose wadding;

(d) charcoal;

(e) damp paper;

(f) granulated cork;

(g) perlite;

(h) peat moss;

(i) plastic foam;

(j) sawdust;

(k) shredded clean paper;

(l) synthetic material;

(m) wood shavings;

(n) wood wool;

(o) vermiculate;

(p) sphagnum pulp

The goods are clean and new

2

Packaging for produce, including cardboard boxes and any other packaging products

The goods are clean and new

28  Alternative conditions—fertilisers, soil conditioners and potting mixes of plant origin

  For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing fertilisers, soil conditioners and potting mixes of plant origin into Australian territory.

 

Alternative conditions—fertilisers, soil conditioners and potting mixes of plant origin

Item

Column 1
Goods

Column 2
Alternative conditions

1

Peat (being black peat, peat moss, sphagnum peat moss or white peat) from an FMDfree country

The goods are free from animals, fresh or viable plant material, animal material, soil, mud and clay

2

Peat (being black peat, peat moss, sphagnum peat moss or white peat) that is:

(a) produced in a country that is not an FMDfree country; and

(b) in a quantity of less than 10 kilograms

The goods are free from animals, fresh or viable plant material, animal material, soil, mud and clay

3

Peat (being black peat, peat moss, sphagnum peat moss or white peat) that is:

(a) produced in a country that is not an FMDfree country; and

(b) in a quantity of 10 kilograms or more

The goods are accompanied by:

(a) a phytosanitary certificate issued by the exporting country’s national plant protection organisation showing that biosecurity risks associated with the goods (including any packaging) have been managed to an acceptable level; and

(b) a declaration (included in the phytosanitary certificate or in a certificate given by an official veterinarian) stating that:

(i) the goods were sourced from areas where there has been no footandmouth disease in the period of 12 months before the goods left the exporting country; or

(ii) the goods were not sourced from an area within a 3 kilometre radius of a place where there has been footandmouth disease in the period of 12 months before the goods left the exporting country

4

Coir peat (whether compressed or noncompressed), including in any of the following forms:

(a) bales;

(b) blocks;

(c) bricks;

(d) briquettes

The goods are accompanied by:

(a) a phytosanitary certificate issued by the exporting country’s national plant protection organisation showing that biosecurity risks associated with the goods (including any packaging) have been managed to an acceptable level; and

(b) a certificate of analysis given by a listed coir peat testing laboratory; and

either:

(c) the phytosanitary certificate includes a declaration stating that there is no visible contamination from animal material on the goods; or

(d) the goods are accompanied by an official government certificate stating that there is no visible contamination from animal material on the goods

29  Alternative conditions—produce for human consumption

  For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing produce for human consumption into Australian territory.

 

Alternative conditions—produce for human consumption

Item

Column 1
Goods

Column 2
Alternative conditions

1

Any of the following goods, other than goods covered by another item in this table:

(a) fruit;

(b) vegetables;

(c) leaves;

(d) herbs

The goods:

(a) have been treated or processed (or both) to ensure that biosecurity risks associated with the goods (including any packaging) have been managed to an acceptable level; and

(b) are accompanied by evidence that the condition referred to in paragraph (a) has been complied with

2

Unprocessed fresh fruit, vegetables, fungi, leaves or herbs

The goods:

(a) are listed fresh produce for human consumption; and

(b) have been securely packed in clean and new packaging at the place where the goods were grown; and

(c) are accompanied by a phytosanitary certificate issued by the exporting country’s national plant protection organisation stating that biosecurity risks associated with the goods (including any packaging) have been managed to an acceptable level

3

Species of mushrooms or truffles that:

(a) were grown in New Zealand; and

(b) are not for use for medicinal purposes

The goods:

(a) are listed mushrooms or truffles (frozen); and

(b) have been frozen at a core temperature of minus 18°C for at least 7 consecutive days; and

(c) are accompanied by commercial documentation stating the following:

(i) the botanical name of the goods;

(ii) the country where the goods were grown;

(iii) that the goods have been frozen at a core temperature of minus 18°C for at least 7 consecutive days;

(iv) information describing how the goods have been processed;

(v) information describing the packaging used for the goods

4

Species of mushrooms or truffles that:

(a) were not grown in New Zealand; and

(b) are not for use for medicinal purposes

The goods:

(a) are listed mushrooms or truffles (frozen); and

(b) have been frozen at a core temperature of minus 18°C for at least 7 consecutive days; and

(c) are accompanied by commercial documentation stating the following:

(i) the botanical name of the goods;

(ii) the country where the goods were grown;

(iii) whether the goods were produced at a farm or harvested in the wild;

(iv) that the goods have been frozen at a core temperature of minus 18°C for at least 7 consecutive days;

(v) information describing how the goods have been processed;

(vi) information describing the packaging used for the goods;

(vii) information relating to the phytosanitary condition of the goods

5

Species of mushrooms or truffles that are for use other than for medicinal purposes

The goods:

(a) are listed mushrooms or truffles (dried); and

(b) have been dried; and

(c) are labelled or accompanied by a declaration by the manufacturer of the goods that states the scientific name of the goods

6

Semiprocessed onions or shallot bulbs

The goods:

(a) were grown and produced in China; and

(b) are accompanied by a phytosanitary certificate issued by the exporting country’s national plant protection organisation stating that biosecurity risks associated with the goods (including any packaging) have been managed to an acceptable level; and

(c) have been processed to manage the biosecurity risks associated with the goods to an acceptable level; and

(d) are accompanied by a declaration by the manufacturer of the goods stating that the goods:

(i) have been processed to manage the biosecurity risks associated with the goods to an acceptable level; and

(ii) were grown and produced in China

7

Semiprocessed pineapples

The goods:

(a) are accompanied by a phytosanitary certificate issued by the exporting country’s national plant protection organisation stating that biosecurity risks associated with the goods (including any packaging) have been managed to an acceptable level; and

(b) have been processed to manage the biosecurity risks associated with the goods to an acceptable level; and

(c) are accompanied by a declaration by the manufacturer of the goods stating that the goods have been processed to manage the biosecurity risks associated with the goods to an acceptable level

8

Semiprocessed garlic

The goods:

(a) were grown and produced in China; and

(b) are accompanied by a phytosanitary certificate issued by the exporting country’s national plant protection organisation stating that biosecurity risks associated with the goods (including any packaging) have been managed to an acceptable level; and

(c) have been processed to manage the biosecurity risks associated with the goods to an acceptable level

9

Chilled pomelo

All of the following:

(a) the goods were grown in Thailand;

(b) the goods were processed in Thailand to be pulp or segments;

(c) the goods are accompanied by a phytosanitary certificate issued by the exporting country’s national plant protection organisation stating that biosecurity risks associated with the goods (including any packaging) have been managed to an acceptable level;

(d) either:

(i) the goods were produced at a processing facility that the Director of Biosecurity is satisfied has managed biosecurity risks associated with the goods to an acceptable level; or

(ii) the goods were treated to manage biosecurity risks associated with the goods to an acceptable level before the goods were exported, and are accompanied by a declaration by the manufacturer of the goods stating that fact

10

Chilled durian

The goods:

(a) were grown in Malaysia or Thailand; and

(b) were processed in Malaysia or Thailand to be segments; and

(c) are from a processing plant registered by the relevant government authority of the exporting country for the purposes of processing chilled durian for export into Australian territory; and

(d) are accompanied by a phytosanitary certificate issued by the exporting country’s national plant protection organisation stating that biosecurity risks associated with the goods (including any packaging) have been managed to an acceptable level; and

(e) have been processed to the extent needed to manage biosecurity risks associated with the goods to an acceptable level and are accompanied by a declaration by the manufacturer of the goods stating that fact

30  Alternative conditions—seeds

  For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing seeds into Australian territory.

 

Alternative conditions—seeds

Item

Column 1
Goods

Column 2
Alternative conditions

1

Seeds, other than seeds covered by another item in this table

The goods:

(a) are listed permitted seeds; and

(b) are labelled with their botanical name (genus and species); and

(c) are not a genetically modified organism; and

(d) meet the standards for seed contaminants and tolerances prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 16 June 2016

2

Allium spp.

The goods:

(a) are listed permitted Allium spp. seeds; and

(b) are labelled with their botanical name (genus and species); and

(c) are not a genetically modified organism; and

(d) are being imported from a commercial source; and

(e) are accompanied by evidence that they are being imported from a commercial source; and

(f) meet the standards for seed contaminants and tolerances prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 16 June 2016

3

Arecaceae (palm) species for sowing

The goods:

(a) are listed permitted Arecaceae (palm) seeds; and

(b) have no germinated seeds that have sprouts that are longer than 25 millimetres; and

(c) do not have expanded leaves present; and

(d) are labelled with their botanical name (genus and species); and

(e) are not a genetically modified organism; and

(f) meet the standards for seed contaminants and tolerances prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 16 June 2016

31  Alternative conditions—timber and timber products

  For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing timber and timber products into Australian territory.

 

Alternative conditions—timber and timber products

Item

Column 1
Goods

Column 2
Alternative conditions

1

Logs, log cabins and oversized timber (being timber the height, depth and width of which exceed 200 millimetres), other than:

(a) logs or timber of the Myrtaceae family; or

(b) Cocos nucifera poles; or

(c) log cabins made of timber referred to in paragraph (a) or poles referred to in paragraph (b)

The goods:

(a) are not intended for processing (including milling, coring and drilling); and

(b) are free from pests, diseases and bark; and

(c) are accompanied by a phytosanitary certificate issued by the exporting country’s national plant protection organisation stating that biosecurity risks associated with the goods have been managed to an acceptable level

2

Timber or timber mouldings, other than timber or timber mouldings of the Myrtaceae family the height, depth and width of which exceed 4 millimetres

The goods:

(a) are free from pests and disease; and

(b) either:

(i) have been manufactured to be less than 4 millimetres in height and width; or

(ii) have been manufactured to be between 4 millimetres and 200 millimetres in height and width and are accompanied by documentation identifying their botanical name (genus and species)

3

Manufactured wooden goods

Any of the following:

(a) the goods have been manufactured to be not more than 4 millimetres in height or width;

(b) the goods have been manufactured to be between 4 millimetres to 200 millimetres in height or width;

(c) the goods:

(i) are free from pest and disease; and

(ii) are for personal use; and

(iii) are brought in as baggage or mail

4

Charcoal of plant origin, other than charcoal intended for:

(a) animal consumption; or

(b) veterinary therapeutic use; or

(c) fertiliser; or

(d) aquaculture

The goods:

(a) are accompanied by commercial documentation that describes the goods and all ingredients; or

(b) are in a quantity of not more than 5 kilograms

5

Wood pellets, briquettes or agglomerated logs of plant origin

The goods:

(a) are made only from sawdust, wood powder or wood shavings that have been heated, extruded, pressed and pelletised; and

(b) are accompanied by a declaration by the manufacturer of the goods stating that the goods are made only from sawdust, wood powder or wood shavings that have been heated, extruded, pressed and pelletised

6

Bark for human consumption or human therapeutic use, other than slippery elm bark powder (Ulmus spp.)

Either:

(a) the goods:

(i) are dried; and

(ii) are accompanied by documentation that includes a detailed product description, a full list of ingredients, including botanical names (genus and species) or common names, and a description of the packaging of the goods; and

(iii) are listed permitted bark; or

(b) the goods:

(i) are powdered, ground or shredded; and

(ii) are accompanied by documentation that includes a detailed product description, a full list of ingredients, including botanical names (genus and species) or common names, and a description of the packaging of the goods; and

(iii) are for personal use and are brought in as baggage or mail

7

Slippery elm (Ulmus spp.) bark powder

The goods:

(a) are in the form of:

(i) tablets, capsules, liquid, injectable vials or ointments; or

(ii) herbal tea bags, coffee in readyforsale retail packaging, cereal or cosmetics; and

(b) are highly processed; and

(c) have been commercially prepared; and

(d) are in clean and new packaging; and

(e) are for personal use; and

(f) are in a quantity of not more than 3 months’ supply; and

(g) are accompanied by evidence that the goods are in a quantity of not more than 3 months’ supply

8

Sawdust and woodchips

The goods are in a quantity of not more than 5 kilograms

32  Alternative conditions—starter cultures

 (1) This section applies to the following goods:

 (a) starter cultures specified in the table in subsection (3);

 (b) derivatives of starter cultures specified in that table.

 (2) For paragraph 11(1)(b), alternative conditions for bringing or importing the goods into Australian territory are:

 (a) the goods are intended for any of the following purposes:

 (i) use in human food or beverages;

 (ii) cosmetic use;

 (iii) invitro laboratory work;

 (iv) invivo work in laboratory animals; or

 (b) the goods are intended for human therapeutic use and the goods have been commercially prepared and packaged in a form that requires no further processing or repackaging before retail sale.

 (3) The following table specifies starter cultures for subsection (1).

 

Starter cultures

Item

Starter cultures

1

Acetobacter spp.

2

Aspergillus niger

3

Aspergillus oryzae

4

Bacillus acidopullulyticus

5

Bacillus amyloliquefaciens

6

Bacillus coagulans

7

Bacillus halodurans

8

Bacillus licheniformis

9

Bacillus subtilis

10

Baker’s yeast

11

Bifidobacterium spp.

12

Brevibacterium linens

13

Brewer’s yeast

14

Candida spp.

15

Chaetomium gracile

16

Citeromyces spp.

17

Clavispora spp.

18

Debaryomyces spp.

19

Dekkera spp.

20

Enterococcus durans

21

Enterococcus faecalis

22

Enterococcus faecium

23

Geotrichum candidum

24

Hansenula spp.

25

Hasagawaea spp.

26

Humicola insolens

27

Hypopichia spp.

28

Issatchenkia spp.

29

Kluyveromyces spp.

30

Lactic acid bacteria

31

Lactobacillus spp.

32

Lactococcus spp.

33

Leuconostoc spp.

34

Monascus spp.

35

Pediococcus pentasaceus

36

Penicillium camemberti (also known as Penicillium camembertii)

37

Penicillium funiculosum

38

Penicillium roqueforti (also known as Penicillium roquefortii)

39

Phaffia spp.

40

Pichia spp.

41

Propionibacterium spp.

42

Rhizopus spp.

43

Saccharomyces spp.

44

Schizosaccharomyces spp.

45

Schwanniomyces spp.

46

Staphylococcus carnosus

47

Staphylococcus xylosus

48

Streptococcus cremoris

49

Streptococcus diacetilactis

50

Streptococcus durans

51

Streptococcus faecalis

52

Streptococcus lactis

53

Streptococcus salivarius

54

Streptococcus thermophilus

55

Streptomyces olivaceus

56

Streptomyces olivochromogenes

57

Streptomyces mobaraensis (formerly Streptoverticillium mobaraensis)

58

Streptomyces murinus

59

Streptomyces rubiginosus

60

Streptomyces violaceoruber

61

Talaromyces emersonii (formerly Penicillium ermersonii)

62

Torulaspora spp.

63

Torulopsis spp.

64

Trichoderma harzianum

65

Trichoderma reesei (formerly Trichoderma longibrachiatum)

66

Trichoderma viride

67

Wine culture

68

Yoghurt/Kefir culture

69

Zygoascus spp.

70

Zygosaccharomyces spp.

 

33  Alternative conditions—highly refined organic chemicals and substances for certain purposes

 (1) This section applies to highly refined organic chemicals and substances specified in the table in subsection (3) (the goods).

 (2) For paragraph 11(1)(b), alternative conditions for bringing or importing the goods into Australian territory are:

 (a) the goods are not intended for:

 (i) animal consumption; or

 (ii) use as bioremedial agents or fertiliser; or

 (iii) growing purposes; or

 (iv) veterinary therapeutic use; and

 (b) the goods are highly processed; and

 (c) the goods are purified substances.

 (3) The following table specifies highly refined organic chemicals and substances for subsection (1).

 

Highly refined organic chemicals and substances

Item

Highly refined organic chemicals and substances

1

Acetone

2

Almondbased beverages

3

Amino acids

4

Arabic gum

5

Betaine

6

Bromelain

7

Cellulose, including wood cellulose

8

Coconut water

9

Creatine

10

Dextrose

11

Dyes

12

Enzymes (other than enzymes derived from animals)

13

Esters

14

Frustose

15

Gamma oryzanol

16

Glucose

17

Gluten

18

Gum products

19

Hazelnutbased beverages

20

Instant coffee extracts

21

Isolated soybean protein

22

Isotopes

23

Lye water

24

Maize starch and maize starch powder

25

Maltodextrin

26

Maple syrup

27

Molasses

28

Monosodium glutamate

29

Multigrainbased beverages

30

Neem oil

31

Oatbased beverages

32

Organic acids

33

Papain

34

Paraffin

35

Pectin

36

Pine tar

37

Plant alcohols

38

Plant colours

39

Plant essences

40

Plant extracts

41

Plant flavours

42

Plant oils

43

Plant waxes

44

Plant derived lecithin

45

Pure agar

46

Resins

47

Rutin

48

Saline

49

Shellac

50

Soy milk

51

Soybean protein isolate

52

Squalene

53

Starches

54

Sugars

55

Sulfur compounds

56

Sweeteners

57

Tannin

58

Tomato powder

59

Varnishes

60

Vietnamese lacquer

61

Vinegars

62

Vitamins

63

Wood flour

34  Alternative conditions—biological material intended for personal use

 (1) This section applies to any biological material (the goods).

 (2) For paragraph 11(1)(b), alternative conditions for bringing or importing the goods into Australian territory are:

 (a) the goods are intended for human therapeutic use; and

 (b) the goods do not contain bee pollen, Ganoderma spp. or slippery elm bark; and

 (c) the goods:

 (i) are for personal use by the person bringing in or importing the goods; or

 (ii) are for use by any spouse, de facto partner, child, parent or sibling of the person bringing in or importing the goods; and

 (d) the goods are in a quantity of not more than 3 months’ supply; and

 (e) the goods are accompanied by documentation stating that the goods are in a quantity of not more than 3 months’ supply.

35  Alternative conditions—fertilisers, soil conditioners and soil growth supplements made of animal material, plant material or biological material

 (1) This section applies to the following classes of goods:

 (a) fertilisers made of animal material, plant material or biological material;

 (b) soil conditioners made of animal material, plant material or biological material;

 (c) supplements intended for use to promote growth in soil that are made of animal material, plant material or biological material.

Note: Division 2 applies to chemical, mined and synthetic fertilisers, soil conditioners and soil growth supplements (see section 40).

 (2) For paragraph 11(1)(b), the alternative condition for bringing or importing the goods into Australian territory is that the only animal materials, plant materials or biological materials used to make the goods are one or more of the following:

 (a) alcohols;

 (b) citric acid;

 (c) cultures of Saccharomyces cerevisiae (for example, Baker’s yeast or Brewer’s yeast);

 (d) lactic acid;

 (e) purified amino acids (other than those derived from neural material);

 (f) purified vitamins;

 (g) xanthan gum.

36  Alternative conditions—other biological material for certain purposes

 (1) This section applies to biological material specified in the table in subsection (4) (the goods).

Biological material intended for human consumption, invitro purposes or human therapeutic use

 (2) For paragraph 11(1)(b), alternative conditions for bringing or importing the goods into Australian territory are:

 (a) the goods are intended for human consumption, invitro purposes or human therapeutic use; and

 (b) the goods have been commercially prepared and packaged; and

 (c) the goods are ready for retail sale without any further processing.

Biological material intended for veterinary therapeutic use or use as cosmetics for animals

 (3) For paragraph 11(1)(b), alternative conditions for bringing or importing the goods into Australian territory are:

 (a) the goods are intended for veterinary therapeutic use or use as cosmetics for animals; and

 (b) the goods have been commercially prepared and packaged; and

 (c) the goods are ready for retail sale without any further processing; and

 (d) the goods are accompanied by a declaration by the manufacturer of the goods stating:

 (i) all the ingredients contained in the goods; and

 (ii) if the goods contain only ingredients specified in the table in subsection (4)—that fact; and

 (e) if the goods are gelatine—the goods:

 (i) have been commercially prepared; and

 (ii) were derived from animal tissues (other than ruminants).

Biological material

 (4) The following table specifies biological material for subsection (1).

 

Biological material

Item

Biological material

1

Alcohols

2

Citric acid

3

Cultures of Saccharomyces cerevisiae (or a derivative of a pure culture of Saccharomyces cerevisiae)

4

Essential oils

5

Esters

6

Fish oil (other than salmon oil)

7

Gelatine

8

Glucosamine, chondroitin or chitosan of aquatic animal origin (except if derived from fish of the family Salmonidae or intended for veterinary therapeutic use in aquatic animals)

9

Highly processed biochemicals derived from wool grease (including cholesterol, cholecalciferol vitamin D3, lanolin and lanolin alcohols)

10

Homeopathic preparations

11

Lactic acid

12

Lactose

13

Natural flavourings

14

Pectins

15

Plant acids

16

Plant extracts (other than flours or powders)

17

Plant gums

18

Plant juices

19

Plant oils

20

Plant waxes

21

Purified amino acids (other than those derived from neural material)

22

Purified antibiotics or antimycotics manufactured without using materials of terrestrial animal or avian origin (except if intended for veterinary therapeutic use in aquatic animals)

23

Purified avermectin compounds manufactured without using materials of terrestrial animal or avian origin (except if intended for veterinary therapeutic use in aquatic animals)

24

Purified corticosteroid manufactured without using materials of terrestrial animal or avian origin

25

Purified milbemycin compounds manufactured without using materials of terrestrial animal or avian origin (except if intended for veterinary therapeutic use in aquatic animals)

26

Resins

27

Starches

28

Sugars

29

Tinctures

30

Vinegars

31

Vitamins or provitamins

32

Water

33

Xanthan gum

37  Alternative conditions—bioremedial products

  For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing bioremedial products into Australian territory.

 

Alternative conditions—bioremedial products

Item

Column 1
Goods

Column 2
Alternative conditions

1

Bioremedial products

The goods:

(a) contain, as the only biological material, any of the following ingredients:

(i) alcohols;

(ii) citric acid;

(iii) highly processed biochemicals derived from wool grease (including cholesterol, cholecalciferol vitamin D3, lanolin and lanolin alcohols);

(iv) lactic acid;

(v) cultures of Saccharomyces cerevisiae (or a derivative or extract of a pure culture of Saccharomyces cerevisiae);

(vi) purified amino acids (other than those derived from neural material);

(vii) purified vitamins;

(viii) xanthan gum; and

(b) contain no other material of animal, plant or microbial origin; and

(c) are packed in clean and new packaging

Division 2Other goods

38  Soil

Classes of goods to which this section applies

 (1) This section applies to the following classes of goods:

 (a) soil (other than soil adhering to goods);

 (b) goods containing soil.

Conditions

 (2) Goods included in a class of goods to which this section applies must not be brought or imported into Australian territory unless:

 (a) the goods are covered by an import permit; or

 (b) the goods will be gamma irradiated to manage biosecurity risks before they are released from biosecurity control.

39  Water

Classes of goods to which this section applies

 (1) This section applies to the following classes of goods:

 (a) sea or ocean water;

 (b) any other kind of water.

Exceptions

 (2) However, the classes of goods referred to in subsection (1) do not include any of the following:

 (a) commercially bottled water;

 (b) rose water;

 (c) orange flower water;

 (d) holy water for personal use.

Conditions

 (3) Goods included in a class of goods to which this section applies must not be brought or imported into Australian territory unless:

 (a) the goods are covered by an import permit; or

 (b) if the goods are sea or ocean water (and without limiting paragraph (a))—the following alternative conditions are complied with:

 (i) the quantity of the goods is less than 5 litres;

 (ii) the goods are free from suspended and solid material and marine pathogens;

 (iii) the goods are intended for laboratory use.

40  Fertilisers, soil conditioners and soil growth supplements

Classes of goods to which this section applies

 (1) This section applies to the following classes of goods:

 (a) chemical, mined or synthetic fertilisers;

 (b) chemical, mined or synthetic soil conditioners;

 (c) chemical, mined or synthetic supplements used to promote growth in soil.

Note: Division 1 applies to fertilisers, soil conditioners and soil growth supplements that are made of animal material, plant material or biological material (see section 35).

Conditions—goods other than chemical fertilisers

 (2) Goods included in a class of goods to which this section applies (other than chemical fertilisers) must not be brought or imported into Australian territory unless the goods are covered by an import permit.

Conditions—liquid chemical fertilisers

 (3) Liquid chemical fertilisers (the goods) must not be brought or imported into Australian territory unless the goods are accompanied by a declaration by the manufacturer of the goods stating that the goods do not contain any ingredients of animal, plant or microbial origin.

Conditions—chemical fertilisers (other than liquid chemical fertilisers)

 (4) Chemical fertilisers (other than liquid chemical fertilisers) (the goods) must not be brought or imported into Australian territory unless:

 (a) the goods are covered by an import permit; or

 (b) the following conditions are complied with:

 (i) the goods are in clean and new packaging;

 (ii) the goods were packed at the place where they were produced;

 (iii) each packed unit of the goods contains not more than 100 kilograms;

 (iv) the goods are accompanied by a commercial invoice, packing list or a declaration by the manufacturer of the goods stating the matters specified in subparagraphs (i), (ii) and (iii) and that the goods have not been stockpiled in an open environment.

41  Used beehives and used beekeeping equipment

Classes of goods to which this section applies

 (1) This section applies to the following classes of goods:

 (a) used beehives;

 (b) used beekeeping equipment (including protective clothing).

Conditions

 (2) Goods included in a class of goods to which this section applies must not be brought or imported into Australian territory unless the goods are covered by an import permit.

42  Tyres

Classes of goods to which this section applies

 (1) This section applies to the following classes of goods:

 (a) used tyres on rims;

 (b) used tyres off rims;

 (c) commercially retreaded tyres.

Conditions—used tyres on rims

 (2) Goods included in the class of goods referred to in paragraph (1)(a) must not be brought or imported into Australian territory unless:

 (a) the used tyres have been cleaned before export to remove contamination; and

 (b) the used tyres are inflated, on rims and with beading sealed; and

 (c) the goods are accompanied by a declaration from the exporter stating the matters specified in paragraphs (a) and (b).

Conditions—used tyres off rims

 (3) Goods included in the class of goods referred to in paragraph (1)(b) must not be brought or imported into Australian territory unless the goods:

 (a) have been fumigated to manage biosecurity risks associated with the goods to an acceptable level; and

 (b) are accompanied by a declaration from the exporter stating that the used tyres have been cleaned before export to remove contamination.

Conditions—commercially retreaded tyres

 (4) Goods included in the class of goods referred to in paragraph (1)(c) must not be brought or imported into Australian territory unless the goods are covered by an import permit.

43  Used machinery and equipment (other than used beekeeping equipment or used veterinary equipment)

Classes of goods to which this section applies

 (1) This section applies to the following classes of goods:

 (a) used earthmoving, agricultural, construction or timber felling machinery or equipment (including assembled parts);

 (b) used mining machinery, including oilfield drilling machinery that has come into contact with soil or material of animal or plant origin;

 (c) used grainmilling machinery;

 (d) fieldtested agricultural machinery that has come into contact with soil or material of animal or plant origin;

 (e) food processing equipment.

Exceptions

 (2) However, the classes of goods referred to in subsection (1) do not include any of the following:

 (a) used beekeeping equipment;

 (b) used veterinary equipment.

Conditions

 (3) Goods included in a class of goods to which this section applies must not be brought or imported into Australian territory unless the goods:

 (a) were cleaned before export to be clean and free from animal and plant material and soil; and

 (b) are accompanied by documentation stating the method of cleaning.

44  Used veterinary equipment other than from New Zealand

Classes of goods to which this section applies

 (1) The class of goods to which this section applies is used veterinary equipment other than from New Zealand (the goods).

Conditions

 (2) Goods included in the class of goods to which this section applies must not be brought or imported into Australian territory from a place (the exporting country) other than New Zealand unless the goods:

 (a) are sealed in one or more bags with the exporting country’s official government seal or quarantine tape; and

 (b) were treated with Trisodium phosphate (Virkon or Virucidal X), or gamma irradiation at 50 kGray, within 72 hours before leaving the exporting country; and

 (c) are accompanied by a declaration, endorsed by an official government veterinarian of the exporting country, stating the following:

 (i) details of the flight for bringing the goods into Australian territory;

 (ii) a description of each piece of equipment;

 (iii) that the goods have been treated as referred to in paragraph (b) and the method used to treat the goods.

45  Used clothes and cloth rags in commercial consignments

Classes of goods to which this section applies

 (1) This section applies to the following classes of goods:

 (a) commercial consignments of used clothes;

 (b) commercial consignments of used cloth rags.

Conditions

 (2) A consignment of goods included in a class of goods to which this section applies must not be brought or imported into Australian territory unless the consignment is accompanied by a supplier’s declaration stating that the consignment is clean and free from live insects, animal debris, seeds, bark, soil and any other contamination.

46  Mineral and metal ores, rocks and sand

Classes of goods to which this section applies

 (1) This section applies to the following classes of goods:

 (a) mineral and metal ores;

 (b) rocks;

 (c) sand.

Conditions

 (2) A consignment of goods included in a class of goods to which this section applies must not be brought or imported into Australian territory unless the consignment is accompanied by a declaration by the manufacturer, exporter or supplier, or a commercial invoice, stating that the consignment is clean and free from live insects, animal debris, seeds, bark, soil and any other contamination.

47  Human blood, human tissue and similar goods

Classes of goods to which this section applies

 (1) This section applies to the following classes of goods:

 (a) human blood or blood components;

 (b) human enzymes;

 (c) human secretions, excretions or exudates;

 (d) human semen, embryos or ova;

 (e) human tissue extracts;

 (f) human tissue.

Conditions

 (2) Goods included in a class of goods to which this section applies must not be brought or imported into Australian territory unless:

 (a) the goods are covered by an import permit; or

 (b) the goods:

 (i) are for human therapeutic use; and

 (ii) are not antibodies or cell lines.

48  Hair, teeth or bones from a human’s body (other than human remains)

Classes of goods to which this section applies

 (1) This section applies to the following classes of goods:

 (a) hair from a human’s body (other than human remains);

 (b) teeth from a human’s body (other than human remains);

 (c) bones from a human’s body (other than human remains).

Conditions

 (2) Goods included in a class of goods to which this section applies must not be brought or imported into Australian territory unless:

 (a) the goods are clean and have no adhering tissue, blood or faeces; or

 (b) permission has been given by a human biosecurity official for the goods to be brought or imported into Australian territory.

Division 3Goods intended to be brought or imported from Papua New Guinea into the protected zone area under the Torres Strait Treaty

49  Goods to be brought or imported from Papua New Guinea into the protected zone area

Classes of goods to which this section applies

 (1) This section applies to the following classes of goods:

 (a) fish meat;

 (b) coconut (processed or without husk);

 (c) sago;

 (d) cooked taros, cooked yams and cooked cassava;

 (e) kundu drums made from any of the following:

 (i) lizard skin;

 (ii) snake skin;

 (iii) hard treated beeswax;

 (iv) soft wood;

 (f) empty sea shells;

 (g) goods made from:

 (i) dried pandanus; or

 (ii)  dried palm leaves; or

 (iii) both dried pandanus and dried palm leaves;

 (h) bows of black palm or bamboo;

 (i) spears of bamboo, mangrove or wongai wood with a steel prong;

 (j) beads and jewellery made of seeds;

 (k) wood carvings;

 (l) goods made from woven fibres.

Conditions

 (2) Goods included in a class of goods to which this section applies (the goods) must not be brought or imported from Papua New Guinea into the protected zone area unless:

 (a) the goods are covered by an import permit; or

 (b) the alternative conditions specified for the goods in subsection (3) are complied with; or

 (c) if alternative conditions for bringing or importing the goods into Australian territory are specified in a provision in Division 1—those alternative conditions are complied with.

 (3) For paragraph (2)(b), the alternative conditions for bringing or importing the goods from Papua New Guinea into the protected zone area are:

 (a) the goods are on a vessel that would be a protected zone vessel if it entered a part of Australian territory that is in the protected zone area; and

 (b) the goods:

 (i) are owned by, or are under the control of, a traditional inhabitant who is on board that vessel and have been used, are being used or are intended to be used by him or her in connection with the performance of traditional activities in the protected zone area; or

 (ii) are the personal belongings of a person referred to in subparagraph (e)(i) or (ii) of the definition of protected zone vessel in subsection 617(4) of the Act; and

 (c) the goods are for personal use.

Note 1: This section gives effect to Australia’s obligations under the Torres Strait Treaty.

Note 2: Protected zone area, protected zone vessel, Torres Strait Treaty, traditional activities and traditional inhabitant are defined in subsection 617(4) of the Act.

Example: A person wishes to bring or import a wood carving (the goods) from Papua New Guinea into the protected zone area. The goods may be brought or imported from Papua New Guinea into the protected zone area if:

(a) the goods are covered by an import permit; or

(b) the alternative conditions specified in subsection (3) are complied with; or

(c) the alternative conditions specified in item 3 of the table in section 31 in Division 1 are complied with.