Biosecurity (Conditionally Non‑prohibited Goods) Determination 2021
made under subsection 174(1) of the
Biosecurity Act 2015
Compilation No. 5
Compilation date: 7 September 2022
Includes amendments up to: F2022L01176
Registered: 28 October 2022
About this compilation
This compilation
This is a compilation of the Biosecurity (Conditionally Non-prohibited Goods) Determination 2021 that shows the text of the law as amended and in force on 7 September 2022 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Name
3 Authority
5 Purpose and application of this instrument
6 Definitions
7 Meaning of covered by
8 Meaning of instant use
9 Meaning of retorted
10 Meaning of shelf‑stable
Part 2—Conditionally non‑prohibited goods
Division 1—Animals, plants, biological material and infectious agents
11 Classes of goods to which this Division applies
12 Conditions—general
13 Biosecurity preparedness plans
14 Alternative conditions—live animals and animal reproductive material
15 Alternative conditions—dead animals, animal parts and related goods
16 Alternative conditions—dead aquatic animals, aquatic animal parts and related goods
17 Alternative conditions—meat and meat products
18 Alternative conditions—dairy products
19 Alternative conditions—eggs and egg products
20 Alternative conditions—miscellaneous goods for human consumption
21 Alternative conditions—animal products exported from Australian territory
22 Alternative conditions—honey and bee products
23 Alternative conditions—foods and supplements for animals
24 Alternative conditions—cosmetics and related goods
25 Alternative conditions—live plants for use as nursery stock
26 Alternative conditions—miscellaneous plant materials and plant products
27 Alternative conditions—nuts for human consumption
28 Alternative conditions—cereals, grains, legumes, pulses and oil seeds for human consumption
29 Alternative conditions—fresh cut flowers and foliage for decorative purposes
30 Alternative conditions—packaging
31 Alternative conditions—fertilisers, soil conditioners and growing media of plant origin
32 Alternative conditions—produce for human consumption
33 Alternative conditions—seeds
34 Alternative conditions—timber and timber products
35 Alternative conditions—starter cultures
36 Alternative conditions—highly refined organic chemicals and substances for certain purposes
37 Alternative conditions—biological material intended for personal use
37A Alternative conditions—listed semi‑synthetic, fermentation‑derived active ingredients
38 Alternative conditions—fertilisers, soil conditioners and soil growth supplements made of animal material, plant material or biological material
39 Alternative conditions—other biological material for certain purposes
40 Alternative conditions—gelatine and its derivatives intended for certain purposes
41 Alternative conditions—bioremediation products
Division 2—Other goods
42 Biosecurity preparedness plans
43 Soil
44 Water
45 Chemical or mined fertilisers, soil conditioners and soil growth supplements
46 Used beehives and used beekeeping equipment
47 Equipment that has directly or indirectly come into contact with horses
48 Tyres
49 Used machinery and equipment (other than certain beekeeping equipment, veterinary equipment or equipment that has come into contact with horses)
50 Used veterinary equipment other than from New Zealand
51 Used clothes and cloth rags in commercial consignments
52 Mineral and metal ores, rocks and sand
52A Microscope slides mounted with biological material, human material, soil or water
53 Human blood, human tissue and similar goods
53A Human milk
54 Hair, teeth or bones from a human’s body
54A Test kits
Division 3—Additional conditions relating to hitchhiker pests
55 Biosecurity preparedness plans
56 Goods posing hitchhiker pest biosecurity risks
57 Other goods that may carry hitchhiker pests
Division 3A—Additional conditions relating to goods that may be host of khapra beetle
57A Biosecurity preparedness plans—condition
57B Conditions generally
57C High‑risk khapra beetle goods from target‑risk khapra beetle countries
57D High‑risk khapra beetle goods from other‑risk khapra beetle countries
57E Other‑risk khapra beetle goods from target‑risk khapra beetle countries
57F Other‑risk khapra beetle goods from other‑risk khapra beetle countries
Division 4—Goods intended to be brought or imported from Papua New Guinea into the protected zone area under the Torres Strait Treaty
58 Goods to be brought or imported from Papua New Guinea into the protected zone area
Part 3—Application, saving and transitional provisions
59 Saving—lists prepared by the Director of Biosecurity
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
This instrument is the Biosecurity (Conditionally Non‑prohibited Goods) Determination 2021.
This instrument is made under subsection 174(1) of the Biosecurity Act 2015.
5 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 non‑prohibited 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 (1), 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 Non‑prohibited Goods—Christmas Island) Determination 2016;
(b) Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Cocos (Keeling) Islands) Determination 2016;
(c) Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Norfolk Island) Determination 2016.
Note 2: See also the Biosecurity (Prohibited and Conditionally Non‑prohibited 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.
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:
50 kGy of ionising radiation: goods are treated with 50 kGy of ionising radiation if:
(a) the goods are treated with ionising radiation; and
(b) the absorbed dose is 50 kGy or more.
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 or derived from an animal, plant, microorganism or microbial source.
bioremediation product means a product intended to remove, degrade, neutralise, or otherwise treat contaminants in the environment.
covered by, in relation to goods and an import permit, has the meaning given by section 7.
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).
environmental purposes includes use as:
(a) a bioremediation product; or
(b) fertiliser.
excluded khapra beetle goods means goods that are brought or imported into Australian territory:
(a) as the accompanied or unaccompanied personal effects of a passenger, or a member of the crew, of a ship or aircraft; or
(b) as mail; or
(c) for personal use and with a value not exceeding the amount prescribed for the purposes of subparagraph 68(1)(f)(iii) of the Customs Act 1901.
FMD‑free country means a country that the Director of Biosecurity is satisfied is free from foot‑and‑mouth disease and that is specified in the FMD‑free Country List prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing from time to time.
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.
hermetically‑sealed container means a container that is airtight when sealed.
high‑risk khapra beetle goods means goods that are listed in the List of High‑risk Goods for Host of Khapra Beetle.
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 declaration has the same meaning as in the Customs Act 1901.
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 existing from time to time.
infectious agent includes any of the following (whether naturally occurring or synthetically created):
(a) a virus;
(b) a prion;
(c) a plasmid;
(d) a viroid;
(e) a thing that is a part of an infectious agent.
Examples: For the purposes of paragraph (e), capsids, envelopes, enzymes, genetic material coding for an infectious agent, proteins.
instant use has the meaning given by section 8.
International Plant Protection Convention means the International Plant Protection Convention, done at Rome on 6 December 1951, as in force for Australia from time to time.
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).
laboratory organism means a guinea pig, hamster, mouse, rabbit, rat or microorganism that is used in a laboratory.
listed country for canine semen means a country that is listed in the List of Countries for Canine Semen prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing from time to time.
Note: A country is listed in the List of Countries for Canine Semen if the Director of Biosecurity is satisfied that the level of biosecurity risk associated with canine semen brought or imported from that country is acceptable.
listed country for natural casings derived from bovine, caprine, ovine or porcine animals means a country that is listed in the List of Countries for Natural Casings Derived from Bovine, Caprine, Ovine or Porcine Animals prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing from time to time.
Note: A country is listed in the List of Countries for Natural Casings Derived from Bovine, Caprine, Ovine or Porcine Animals if the Director of Biosecurity is satisfied that the level of biosecurity risk associated with natural casings derived from animals born, raised and slaughtered in that country is acceptable.
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 from time to time.
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.
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:
(a) 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; or
(b) biosecurity risks associated with fresh cut flowers or foliage (or a part of a flower or foliage) of that species, or from that country, can be managed to an acceptable level if the species are produced in accordance with a listed systems approach, or a listed treatment is applied to the species.
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 from time to time.
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 hitchhiker pest means an insect or other pest that is listed in the List of Hitchhiker Pests prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing from time to time.
Note: An insect or other pest is listed in the List of Hitchhiker Pests if the Director of Biosecurity is satisfied that the insect or other pest may be present in or on goods and the insect or other pest may pose an unacceptable level of biosecurity risk.
listed medicinal mushrooms means mushrooms or fungi of a species listed in the List of Species of Medicinal Mushrooms or Fungi with Alternative Conditions for Import prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing from time to time.
Note: Mushrooms or fungi of a particular species are listed in the List of Species of Medicinal Mushrooms or Fungi with Alternative Conditions for Import if the Director of Biosecurity is satisfied that biosecurity risks associated with mushrooms or fungi of that species can be managed to an acceptable level.
listed microalgae means microalgae of a species that is listed in the List of Microalgae with Alternative Conditions for Import prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing from time to time.
Note: A species of microalgae is listed in the List of Microalgae with Alternative Conditions for Import if the Director of Biosecurity is satisfied that the level of biosecurity risk associated with microalgae of that species is acceptable.
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 from time to time.
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 from time to time.
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 from time to time.
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 from time to time.
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 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 from time to time.
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 from time to time.
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.
listed semi‑synthetic, fermentation‑derived active ingredient means an ingredient that is listed in the Semi‑synthetic, Fermentation‑derived Active Ingredients List prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing from time to time.
Note: An ingredient is listed in the Semi‑synthetic, Fermentation‑derived Active Ingredients List if the Director of Biosecurity is satisfied that biosecurity risks associated with the ingredient can be managed to an acceptable level.
List of Biosecurity Preparedness Plans means the List with that name prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing from time to time.
List of High‑risk Goods for Host of Khapra Beetle means the List with that name that is:
(a) prepared by the Director of Biosecurity for the purposes of prescribing goods with a high risk of hosting khapra beetle populations; and
(b) published on the Agriculture Department’s website;
as existing from time to time.
List of Hitchhiker Pest Host Countries or Regions means the List with that name prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing from time to time.
Note: Goods from a specified country or region are listed in the List of Hitchhiker Pest Host Countries or Regions if the Director of Biosecurity is satisfied that, during a specified risk period, the goods pose an unacceptable level of biosecurity risk because a specified listed hitchhiker pest may be present in or on the goods.
List of Other‑risk Countries for Host of Khapra Beetle means the List with that name that is:
(a) prepared by the Director of Biosecurity for the purposes of prescribing:
(i) countries where there is insufficient evidence of khapra beetle being established; and
(ii) treatments to kill khapra beetle; and
(b) published on the Agriculture Department’s website;
as existing from time to time.
List of Other‑risk Goods (including Mode of Arrival and End Use) for Host of Khapra Beetle means the List with that name that is:
(a) prepared by the Director of Biosecurity for the purposes of prescribing:
(i) goods with a low risk of hosting khapra beetle populations; and
(ii) modes of arrival and end use in relation to those goods; and
(b) published on the Agriculture Department’s website;
as existing from time to time.
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 from time to time.
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.
List of Species of Fresh Cut Flowers and Foliage with Alternative Conditions for Import means the List with that name prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing from time to time.
List of Target‑risk Countries for Host of Khapra Beetle means the List with that name that is:
(a) prepared by the Director of Biosecurity for the purposes of prescribing:
(i) countries where there is evidence of khapra beetle being established; and
(ii) treatments to kill khapra beetle; and
(b) published on the Agriculture Department’s website;
as existing from time to time.
List of Treatment Providers means the List with that name prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing from time to time.
Note: A treatment provider is listed in the List of Treatment Providers for one or more chemical, irradiation or other treatments if the Director of Biosecurity is satisfied the provider is able to apply those treatments to goods to manage biosecurity risks associated with the goods to an acceptable level.
List of Trogoderma Species of Biosecurity Concern means the List with that name that is:
(a) prepared by the Director of Biosecurity for the purposes of prescribing Trogoderma species that are pests for the purposes of the Act; and
(b) published on the Agriculture Department’s website;
as existing from time to time.
live plants means living plants, and parts of living plants, including seeds and germplasm.
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, bone‑meal, 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 (whether naturally occurring or synthetically created):
(a) a single‑celled organism (whether an animal or plant);
(b) a bacterium;
(c) a protozoan;
(d) a fungus;
(e) a plant pathogen;
(f) a thing that is a part of a microorganism.
Examples: For the purposes of paragraph (f), envelopes, enzymes, genetic material coding for a microorganism, proteins.
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.
other‑risk khapra beetle country means a country that is listed in the List of Other‑risk Countries for Host of Khapra Beetle.
other‑risk khapra beetle goods means goods that are listed in the List of Other‑risk Goods (including Mode of Arrival and End Use) for Host of Khapra Beetle and for which a mode of arrival and an end use are specified in the List.
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.
plant product means unmanufactured material of plant origin (including grain), and also manufactured products that, by their nature or the nature of their processing, create a risk of introduction and spread of pests.
retorted has the meaning given by section 9.
shelf‑stable has the meaning given by section 10.
target‑risk khapra beetle country means a country that is listed in the List of Target‑risk Countries for Host of Khapra Beetle.
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.
Goods are covered by an import permit if the permit authorises a person to bring or import the goods into Australian territory.
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) the goods require very little treatment or preparation to be used as intended by the manufacturer.
(1) Animal products have been retorted if they have been heated in a hermetically‑sealed 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 hermetically‑sealed container for a time, and to a temperature, sufficient to make the contents commercially sterile.
Goods are shelf‑stable 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 2—Conditionally non‑prohibited goods
Division 1—Animals, plants, biological material and infectious agents
11 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) live animals and animal reproductive material;
(b) live plants;
(c) animal material and goods containing, or made of, animal material;
(d) plant products and goods containing, or made of, plants;
(e) infectious agents and microorganisms;
(f) fungi and goods containing, or made of, fungi.
Note: Animal reproductive material, live plants, infectious agent, and microorganism are defined in section 6 of this instrument.
Exceptions
(2) However, the classes of goods referred to in subsection (1) do not include any of the following:
(a) 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;
(b) biological additives in unused blood collection tubes;
(c) a dye or colouring agent derived from animals (other than carminic acid in relation to which alternative conditions are specified in section 39) that is used on, or is an ingredient of, goods included in a class of goods to which this Division applies;
(d) 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);
(e) a plant or goods produced by, or made from, a plant (excluded plant goods) specified in the table in subsection (3);
(ea) microscope slides referred to in section 52A;
(f) test kits referred to in section 54A.
Excluded plant goods
(3) The following table specifies excluded plant goods for paragraph (2)(e).
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 a 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 | Dried apricot kernels (Prunus armeniaca) |
10 | Almond nuts or kernels (Prunus amygdalus or Prunus dulcis) for human consumption |
11 | Brazil nuts or kernels (Bertholletia excelsa) for human consumption |
12 | Candle nuts or kernels (Aleurites moluccana) for human consumption |
13 | Cashew nuts or kernels (Anacardium occidentale) for human consumption |
14 | Hazelnuts or kernels (Corylus spp.) for human consumption |
15 | Hickory nuts or kernels (Carya spp.) for human consumption |
16 | Macadamia nuts or kernels (Macadamia spp.) for human consumption |
17 | Ngali and galip nuts or kernels (Canarium spp.) for human consumption |
18 | Pecan nuts or kernels (Carya illinoensis) for human consumption |
19 | Pili nuts or kernels (Canarium commune) for human consumption |
20 | Pistacia nuts or kernels (Pistacia vera) for human consumption |
21 | Walnuts or kernels (Juglans spp.) for human consumption |
22 | Charoli nuts or kernels (Buchanania lanzan) for human consumption |
23 | Plant‑based fabrics, textiles and yarns |
24 | Paper and cardboard |
25 | Processed black and green tea (Camellia sinensis) leaves for human consumption |
26 | Potpourri |
27 | Cork |
28 | Reconstituted wood |
General rule
(1) Subject to subsections (3) to (5) and Division 4, 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 1: If Division 3 (which deals with hitchhiker pests) applies to goods included in a class of goods to which a provision of this Division applies, the additional conditions in Division 3 must also be complied with.
Note 1A: If Division 3A (which deals with goods that may be host of khapra beetle) applies to goods included in a class of goods to which a provision of this Division applies, the additional conditions in Division 3A must also be complied with.
Note 2: Division 4 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 22 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 meat‑based flavouring and eggs. Alternative conditions for bringing or importing noodles into Australian territory are specified in section 20. Alternative conditions for bringing or importing meat‑based flavouring products and eggs into Australian territory are specified in sections 17 and 19. 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 20 are complied with; or
(b) the alternative conditions for meat‑based flavouring products and eggs in sections 17 and 19 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 16. Alternative conditions for bringing or importing the dairy products into Australian territory are specified in section 18. 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 16 are complied with; and
(b) the alternative conditions for the dairy products in section 18 are complied with.
13 Biosecurity preparedness plans
Goods that are included in a class of goods to which this Division applies, and that are the subject of an import declaration, must not be brought or imported into Australian territory unless, at the time the declaration is made, a plan to manage the biosecurity risks associated with bringing or importing goods of that class (or goods including goods of that class) into Australian territory is:
(a) listed in the List of Biosecurity Preparedness Plans; and
(b) ordinarily accessible through the Agriculture Department’s website.
14 Alternative conditions—live animals and animal reproductive material
For paragraph 12(1)(b), the following table specifies alternative conditions for bringing or importing certain live animals and animal reproductive material into Australian territory.
Alternative conditions—live animals and animal reproductive material | ||
Item | Column 1 | Column 2 |
1 | Live domestic cats, dogs or rabbits brought or imported from New Zealand | The animal 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 cats or dogs brought or imported from Norfolk Island | The animal is accompanied by a health certificate for the animal that was signed by a government officer not more than 5 days before the day the animal left Norfolk Island |
3 | Canine semen | The semen: (a) was collected in and brought or imported from a country that is a listed country for canine semen; and (b) is accompanied by a health certificate for the semen that was signed by an official veterinarian not more than 5 days before the day the semen left that country |
15 Alternative conditions—dead animals, animal parts and related goods
(1) This section does not apply to dead animals, animal parts or related goods that are intended for:
(a) animal consumption; or
(b) environmental purposes; or
(c) growing purposes; or
(d) veterinary therapeutic use.
(2) For paragraph 12(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 | Column 2 |
1 | Animal skins and hides | The goods are preserved or tanned using a process that the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level |
2 | Goods made with rawhide | Any of the following: (a) not more than 10 of the same kind of goods are brought or imported into Australian territory together; (b) the goods have been treated by immersion in a lime solution at a pH of at least 12.5 and are accompanied by a declaration from the manufacturer of the goods stating that fact; (c) the goods: (i) have been treated with 50 kGy of ionising radiation at a facility that the Director of Biosecurity is satisfied can treat goods made with rawhide so that biosecurity risks associated with the goods are managed to an acceptable level; and (ii) are accompanied by written evidence stating the matter in subparagraph (i); (d) the goods are treated, while subject to biosecurity control, with 50 kGy of ionising radiation |
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 or fibre from sheep, goats or camelids | 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 | Either: (a) the goods are for personal use; or (b) the goods: (i) are clean and free from other animal or plant material and soil; and (ii) have been scoured or sterilised to manage biosecurity risks associated with the goods to an acceptable level; and (iii) 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 | The goods are clean and free from other animal or plant material and soil, and: (a) the goods are fully contained within a manufactured product; or (b) the goods are accompanied by documentation stating that the goods have been treated with a treatment the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; or (c) the goods are to be treated in accordance with an approved arrangement, while subject to biosecurity control, with a treatment the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; or (d) all of the following: (i) the goods are part of one or more manufactured products; (ii) the quantity of the manufactured products is not more than 10; (iii) the goods are for personal use |
6 | Catgut strings derived from animal intestines for use in musical instruments or sporting equipment | The goods do not require refrigeration or any further processing |
7 | Catgut derived from animal intestines | All of the following: (a) the goods were derived from bovine, caprine, ovine or porcine animals only; (b) the animals from which the goods were derived were free from diseases of biosecurity concern at the time they were slaughtered; (c) the goods were made from intestinal material only; (d) the goods are accompanied by a health certificate stating the matters referred to in paragraphs (a), (b) and (c) |
8 | Wool or fibre from sheep, goats or camelids | Either: (a) the goods: (i) are clean and free from other animal or plant material and soil; and (ii) have been commercially prepared, processed and packaged; and (iii) are ready for retail sale; or (b) the goods: (i) have been scoured to manage the biosecurity risks associated with the goods to an acceptable level or treated with a treatment the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; and (ii) if the gross weight of the goods is more than 500 grams—are accompanied by evidence that the condition referred to in subparagraph (i) has been complied with |
9 | Eggshells or eggshell ornaments | The goods are clean and free of adhering materials |
10 | Kopi luwak | The goods: (a) are completely embedded in resin; and (b) are intended for display only |
11 | Fishing flies | The goods are clean and free of animal tissue |
12 | The following goods: (a) sea shells, other than oyster shells that are not part of manufactured goods; (b) natural or cultured pearls for jewellery, personal use or display purposes | The goods: (a) are not viable; and (b) are clean and free from other animal or plant material and soil |
12A | Oyster shells that are not part of manufactured goods | Either: (a) the goods: (i) have been treated with 50 kGy of ionising radiation at a facility that the Director of Biosecurity is satisfied can treat the goods so that biosecurity risks associated with the goods are managed to an acceptable level; and (ii) are accompanied by written evidence stating the matter in subparagraph (i); or (b) the goods are to be treated in accordance with an approved arrangement, while subject to biosecurity control, with one of the following: (i) 50 kGy of ionising radiation; (ii) heat treatment in an autoclave at 121°C, 103 kPa for 15 minutes; (iii) heat treatment in an autoclave at 134°C, 214 kPa for 4 minutes |
13 | Dead animals, animal parts, animal secretions or animal tissue, other than goods to which column 1 of another item in this table applies | 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; (ca) the goods have been completely plastinated using curable polymers and are accompanied by a certificate from the laboratory or facility that plastinated the goods stating that fact; (d) all of the following: (i) the goods are in a sealed container; (ii) the goods have been preserved or fixed using a method that the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; (iii) the goods are accompanied by a certificate from the laboratory or other facility that preserved or fixed the goods, stating the matter in subparagraph (ii); (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 | Casein glue or gelatine glue | The goods have been commercially prepared for industrial, commercial or hobby purposes |
15 | Untanned and partially processed game trophies, hides or skins that: (a) are not derived from avian animals; and (b) are from New Zealand | The goods: (a) were derived from animals (other than avian animals) that resided and were slaughtered in New Zealand; and (b) are accompanied by a certificate given by an official of the government of New Zealand stating the matter referred to in paragraph (a) |
16 | Untanned and partially processed game trophies, hides or skins that: (a) are derived from avian animals; and (b) are from New Zealand | The goods: (a) were derived from avian animals that resided and were slaughtered in New Zealand; and (b) have undergone one of the following processes: (i) treatment with salt or borax; (ii) immersion in an acid pickling solution at a pH of not more than 4; (iii) immersion in an alcohol solution; and (c) are accompanied by a health certificate stating the matters referred to in paragraphs (a) and (b) |
17 | Animal trophies, artefacts or handicraft items | All of the following: (a) the goods are more than 5 years old; (b) the goods are preserved so that they do not require refrigeration; (c) the goods are intended only for in‑vitro use or display by a museum or scientific institute, or in a public exhibition; (d) the goods, and any derivatives of the goods, must not come into contact with any animal; (e) the goods must not be used for isolation of microorganisms or infectious agents; (f) the goods are accompanied by a declaration from the manufacturer or supplier of the goods, stating the matters referred to in paragraphs (a) and (b); (g) the goods are accompanied by a declaration from the person bringing in or importing the goods stating all of the following: (i) the goods are intended only for in‑vitro use or display by a museum or scientific institute, or in a public exhibition; (ii) the goods, and any derivatives of the goods, will not come into contact with any animal; (iii) the goods will not be used for isolation of microorganisms or infectious agents |
18 | Bones, horns, antlers, tusks or teeth | The goods are clean and free from other animal or plant material and soil |
19 | Empty giant African snail shells | The goods: (a) are not viable; and (b) are clean and free from other animal or plant material and soil |
16 Alternative conditions—dead aquatic animals, aquatic animal parts and related goods
(1) This section applies to dead aquatic animals, aquatic animal parts and related goods that are not viable and are not intended for:
(a) animal consumption; or
(b) environmental purposes; or
(c) growing purposes; or
(d) veterinary therapeutic use.
(2) For paragraph 12(1)(b), the following table specifies alternative conditions for bringing or importing certain dead aquatic animals, aquatic animal parts and related goods into Australian territory.
Alternative conditions—dead aquatic animals, aquatic animal parts and related goods | ||
Item | Column 1 | Column 2 |
1 | Bony fish (Osteichthyes), other than members of the family Salmonidae or the genus Plecoglossus | Any of the following: (a) 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; (b) the goods have been processed into one of the following consumer‑ready forms: (i) cutlets (including the central bone and external skin, and excluding fins), each weighing no more than 450 grams; (ii) skinless fillets (excluding the belly flap and all bone except the pin bones) of any weight; (iii) skin‑on fillets (excluding the belly flap and all bones except the pin bones) each weighing no more than 450 grams; (iv) eviscerated, headless fish, each weighing no more than 450 grams; (v) eviscerated, headless fish that have been salted, dried or smoked; (vi) products that have been processed further than the stage described in subparagraphs (i) to (v); (c) the goods: (i) are commercially canned; and (ii) are shelf‑stable; (d) all of the following: (i) the goods have been processed in premises approved by, and under the control of, a body listed in the List of Overseas Authorities—Aquatic Animals for Import; (ii) the goods have been eviscerated, the head and gills removed and internal and external surfaces thoroughly washed; (iii) the goods have been inspected under the supervision of, or in accordance with systems approved by, a body listed in the List of Overseas Authorities—Aquatic Animals for Import; (iv) the goods are free from visible lesions associated with infectious disease; (v) the goods are accompanied by a certificate from a body listed in the List of Overseas Authorities—Aquatic Animals for Import stating the matters referred to in subparagraphs (i) to (iv); (e) the goods: (i) can be stored at room or ambient temperature and do not need to be refrigerated or frozen before being used; and (ii) are for personal use |
2 | Bony fish (Osteichthyes) from New Zealand, other than members of the family Salmonidae or the genus Plecoglossus | 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 | Cartilaginous fish (including dried fish), other than fish meal | Either: (a) the goods 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 |
5 | Fish or fish products of the family Salmonidae or the genus Plecoglossus, other than: (a) roe or caviar; or (b) fish 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 the genus Plecoglossus | The goods have been retorted and the container in which the goods were retorted has not been opened since the goods were retorted |
7 | Fish oil for human consumption | The goods: (a) are in a quantity of not more than 25 kilograms, or 25 litres, for each packaged unit; and (b) are accompanied by a declaration by the manufacturer of the goods stating that the condition in paragraph (a) has been complied with |
7A | Fish oil from New Zealand, other than fish oil derived from members of the family Salmonidae or the genus Plecoglossus | All of the following: (a) the fish from which the goods were derived 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; (b) the goods 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); (c) the goods are free from plant or algae material and are accompanied by a declaration by the manufacturer of the goods stating that fact; (d) the goods are packaged: (i) in containers that are new and are accompanied by a declaration by the manufacturer of the goods stating that fact; or (ii) in containers that have been cleaned and inspected for cleanliness and are accompanied by a cleanliness certificate stating that fact |
7B | Fish oil, other than fish oil derived from members of the family Salmonidae or the genus Plecoglossus | All of the following: (a) the goods were not derived from terrestrial or avian animals; (b) the goods are free from plant or algae material; (c) the goods have been heated to a minimum of: (i) 85°C for at least 15 minutes; or (ii) 80°C for at least 20 minutes; (d) the goods are packaged: (i) in containers that are new and are accompanied by a declaration by the manufacturer of the goods stating that fact; or (ii) in containers that have been cleaned and inspected for cleanliness and are accompanied by a cleanliness certificate stating that fact; (e) the goods are accompanied by: (i) a certificate from a body listed in the List of Overseas Authorities—Aquatic Animals for Import stating the matter referred to in paragraph (a); or (ii) a declaration by the manufacturer of the goods, endorsed by a body listed in the List of Overseas Authorities—Aquatic Animals for Import, stating the matter referred to in paragraph (a); (f) the goods are accompanied by a declaration by the manufacturer of the goods stating the matters referred to in paragraphs (b) and (c) |
8 | Cnidarians, crustaceans (other than prawns, freshwater crayfish or crustacean meal), echinoderms, molluscs (other than oysters in full or half shell or freshwater snails) poriferans and tunicates | The goods 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) prawn‑based 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 | Prawn‑based food products | The goods are shelf‑stable |
12 | Dried prawns, other than crustacean meal | The goods are clean and free from other animal or plant material and soil |
13 | Oysters in half shell from New Zealand | The goods: (a) have been produced or cultivated in New Zealand; and (b) are clean and free from other animal or plant material and soil |
17 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) environmental purposes; or
(c) growing purposes; or
(d) veterinary therapeutic use.
(2) For paragraph 12(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 | Column 2 |
1 | Meat‑based 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; and (d) if the goods were derived from bovine, caprine, ovine or porcine animals—are clearly labelled by the manufacturer as a product of an FMD‑free country |
2 | Meat or meat products from New Zealand, other than goods that are, or that contain: (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 |
2A | Meat or meat products from New Zealand that are, or that contain: (a) pork; or (b) avian meat | All of the following: (a) the animals from which the goods were derived were of Australian or New Zealand origin; (b) the animals from which the goods were derived were processed in premises under the supervision of the Ministry of the government of New Zealand with responsibility for primary industries; (c) the goods have been retorted; (d) the goods are accompanied by a health certificate stating the matters referred to in paragraphs (a) to (c) |
3 | Pâté (whether or not egg is included as an ingredient) or foie gras | All of the following: (a) the goods are shelf‑stable; (b) the goods are for personal use; (c) the quantity of the goods is not more than 1 kilogram or 1 litre; (d) if the goods were derived from bovine, caprine, ovine or porcine animals—the goods: (i) have been commercially manufactured; and (ii) are clearly labelled by the manufacturer as a product of an FMD‑free country |
4 | Pork crackling or pork rind | The goods: (a) are shelf‑stable; and (b) are for personal use; and (c) are commercially manufactured; and (d) are clearly labelled by the manufacturer as a product of an FMD‑free country |
5 | Meat floss | The goods: (a) have been commercially manufactured; and (b) are for personal use; and (c) if the goods were derived from bovine, caprine, ovine or porcine animals—are clearly labelled by the manufacturer as a product of an FMD‑free country |
6 | Meat jerky or biltong, other than meat jerky or biltong derived from porcine animals | All of the following: (a) the goods are shelf‑stable; (b) the goods are for personal use; (c) the quantity of the goods is not more than 1 kilogram; (d) if the goods were derived from bovine, caprine or ovine animals—the goods: (i) have been commercially manufactured; and (ii) are clearly labelled by the manufacturer as a product of an FMD‑free country |
7 | Natural casings derived from bovine, caprine, ovine or porcine animals | All of the following: (a) the animals from which the goods were derived: (i) were born, raised and slaughtered in one or more countries, each of which is a listed country for natural casings derived from bovine, caprine, ovine or porcine animals; and (ii) were found to be free from contagious and infectious disease at ante‑mortem and post‑mortem veterinary inspections, conducted under official veterinary supervision; and (iii) were slaughtered at least 30 days before the day the goods are brought or imported into Australian territory; (b) the goods were not exposed to contamination before being exported; (c) each package containing the goods states the identification or veterinary control number of the establishment at which the casings were packed; (d) the goods are accompanied by a health certificate stating the matters referred to in paragraphs (a), (b), and (c) |
8 | Meat or meat products, other than meat or meat products to which column 1 of another item in this table applies | 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 shelf‑stable; 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 shelf‑stable; and (iv) are for personal use; and (v) if the goods were derived from bovine, caprine, ovine or porcine animals—are clearly labelled by the manufacturer as a product of an FMD‑free country |
18 Alternative conditions—dairy products
(1) This section does not apply to dairy products that are intended for:
(a) animal consumption; or
(b) environmental purposes; or
(c) growing purposes; or
(d) veterinary therapeutic use.
(2) For paragraph 12(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 | Column 2 |
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 FMD‑free country; and (iii) are for personal use; (b) the goods: (i) are shelf‑stable; 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)—the total dry weight of the components of the goods (other than added water) contains less than 10% 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 FMD‑free countries only; and (iii) 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; (c) all of the following: (i) the goods have been commercially prepared and packaged; (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 baggage—the quantity of the goods is not more than 5 kilograms or 5 litres; (d) the goods contain 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 | The following goods: (a) cheesecakes; (b) cooked biscuits, cooked breads, cooked cakes or cooked pastries containing uncooked dairy fillings or toppings | The goods: (a) were manufactured in an FMD‑free country; and (b) are for personal use |
5 | Dairy‑based beverages | The goods: (a) include tea, coffee or flavouring as an ingredient; and (b) are shelf‑stable; 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 |
19 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) environmental purposes; or
(c) growing purposes; or
(d) veterinary therapeutic use.
(2) For paragraph 12(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 | Column 2 |
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 shelf‑stable; (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 | Any of the following: (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; (b) the goods: (i) have been processed so that they are not whole eggs; and (ii) are shelf‑stable; and (iii) are in a quantity of not more than 1 kilogram or 1 litre; and (iv) are for personal use; (c) the goods: (i) are pasta or noodles; and (ii) contain egg or egg product that was derived from chickens (Gallus gallus domesticus) only; and (iii) have been heated to a minimum core temperature of 70°C for at least 8.2 minutes (or equivalent) in a commercial heating process; and (iv) are accompanied by a health certificate, or a declaration from the manufacturer of the goods that has been endorsed by an official veterinarian, stating the matters referred to in subparagraphs (ii) and (iii) |
2A | The following goods from New Zealand: (a) egg products; (b) goods that include eggs as an ingredient; (c) goods that contain eggs | All of the following: (a) the eggs included or contained in the goods, or from which the goods were produced, were derived from chickens (Gallus gallus domesticus) that were hatched and raised and continuously resident in New Zealand or Australia; (b) the goods were processed in a manufacturing facility that does not handle egg products, or goods that include or contain eggs, other than egg products that are derived from chickens (Gallus gallus domesticus) that were hatched and raised and continuously resident in New Zealand or Australia; (c) New Zealand is free from highly pathogenic avian influenza and Newcastle disease; (d) the egg components of the goods have been heat treated using a method approved by the Director of Biosecurity for managing the biosecurity risks associated with the goods to an acceptable level; (e) the goods are accompanied by a certificate given by an official of the government of New Zealand stating the matters referred to in paragraphs (a) to (d) |
2B | Lysozyme | All of the following: (a) the goods were produced from egg white (albumen) that was derived from chickens (Gallus gallus domesticus) only; (b) the egg white has been treated, resulting in the egg white meeting one of the following: (i) a pH of between 10 and 14 for at least 24 hours and a pH of between 0 and 3.5 for at least 13 hours; (ii) a pH of between 10.5 and 14 for at least 72 hours and a pH of between 0 and 3.6 for at least 72 hours; (iii) a pH of between 0 and 3.5 for at least 15 hours followed by heat treatment of 65°C for at least 5 days; (c) the goods are accompanied by a health certificate, or a declaration from the manufacturer of the goods that has been endorsed by an official veterinarian, stating the matters referred to in paragraphs (a) and (b) |
3 | Egg waffles | The goods: (a) are shelf‑stable; and (b) are for personal use |
4 | Mooncakes that include egg | The goods: (a) do not contain meat as an ingredient; and (b) are shelf‑stable; and (c) are for personal use |
20 Alternative conditions—miscellaneous goods for human consumption
For paragraph 12(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 | Column 2 |
1 | The following goods: (a) biscuits; (b) breads; (c) cakes; (d) pastries; other than goods to which column 1 of item 4 in the table in subsection 18(2) applies | All of the following: (a) the goods (excluding any fillings or toppings) have been cooked throughout; (b) if the goods contain any fillings or toppings that are made of ingredients including either or both of the following: (i) 10% or more dairy products; (ii) 10% or more egg products; those fillings or toppings are cooked throughout; (c) if the goods are not for personal use: (i) the goods are shelf‑stable; and (ii) the goods do not contain meat or meat product; and (iii) the goods are accompanied by a declaration from the manufacturer of the goods stating the matters referred to in paragraphs (a) and (b) and subparagraphs (i) and (ii) of this paragraph; (d) if the goods are for personal use—the goods do not require refrigeration |
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 ready‑to‑bake bread mix; (c) breakfast cereals; (d) meal or flour mixes; (e) wholefood bars and balls; (f) couscous meal mixes; (g) fruit and seed trail mixes | The goods: (a) have been commercially prepared and packaged; and (b) are ready for retail sale |
4 | Soup | The goods: (a) are shelf‑stable; 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, meat‑based flavouring products | The goods: (a) are shelf‑stable; and (b) are for instant use; and (c) 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 FMD‑free country; and (c) are for personal use |
21 Alternative conditions—animal products exported from Australian territory
For paragraph 12(1)(b), the following table specifies alternative conditions for bringing or importing animal products that were exported from Australian territory into Australian territory.
Alternative conditions—animal products exported from Australian territory | ||
Item | Column 1 | Column 2 |
1 | Animal products exported from Australian territory | Either: (a) all of the following: (i) the goods were commercially manufactured in Australian territory; (ii) the goods were packaged in Australian territory by the manufacturer; (iii) the packaging indicates that the goods are a product of Australia; (iv) the packaging has not been opened and is not broken; (v) the goods are for personal use; or (b) all of the following: (i) the goods have not been unloaded from the shipping container in which they were exported from Australian territory; (ii) the Australian government container seal that was applied to the shipping container before the goods were exported is intact when the goods arrive at a landing place or port in Australian territory; (iii) if the goods, or any ingredients in the goods, had previously been imported into Australian territory—those goods or ingredients were released from biosecurity control under paragraph 162(1)(a), (b) or (c) of the Act before they were exported |
22 Alternative conditions—honey and bee products
(1) This section does not apply to honey or bee products that are intended for:
(a) stock feed, including food for bees; or
(b) environmental purposes; or
(c) growing purposes.
(2) For paragraph 12(1)(b), the following table specifies alternative conditions for bringing or importing honey and certain bee products into Australian territory.
Note: See subsection (3) for honey and bee products that are not covered of this section.
Alternative conditions—honey and bee products | ||
Item | Column 1 | Column 2 |
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 |
(3) The following table specifies alternative conditions, that are additional to the alternative conditions specified in subsection (1), for certain honey and bee products that enter, or are unloaded in, Western Australia.
Alternative conditions—honey and bee products that enter, or are unloaded in, Western Australia | ||
Item | Column 1 | Column 2 |
| Goods | Alternative conditions |
1 | The following goods: (a) honey (whether or not containing honeycomb), other than: (i) honey in individually packaged units with a capacity of 150 millilitres or less; or (ii) powdered honey in individually packaged units with a capacity of 35 grams or less; (b) honeycomb; (c) propolis, other than: (i) propolis in the form of a liquid tincture, powder, tablet or cream, in individually packaged units with a capacity of 200 millilitres or less; or (ii) propolis in a cosmetic in individually packaged units with a capacity of 200 millilitres or less; (d) royal jelly, other than royal jelly: (i) in capsules that contain a quantity of royal jelly of 800 milligrams or less; or (ii) in individually packaged units with a capacity of 35 grams or less; or (iii) in individually packaged units with a capacity of 150 millilitres or less. | If the goods enter, or are unloaded in, Western Australia, the goods are accompanied by a certificate, issued by the government of the exporting country, in a form approved by the Director of Biosecurity. |
23 Alternative conditions—foods and supplements for animals
For paragraph 12(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 | Column 2 |
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 shelf‑stable; (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 ante‑mortem and post‑mortem 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 ante‑mortem or post‑mortem); and (iv) the identification number, or veterinary control number, of the establishment where the goods were manufactured |
2 | Rawhide chews that: (a) are derived from bovine animals; and (b) are for consumption by domestic dogs | All of the following: (a) the goods were made using only hide or skin of bovine animals with no other biological materials (for example, cartilage); (b) the hide or skin was soaked in a liming solution of pH 14 for not less than 8 hours; (c) the goods are accompanied by: (i) an official government veterinary certificate from the country in which the goods were manufactured stating the matters referred to in paragraphs (a) and (b); or (ii) a declaration by the manufacturer of the goods that has been endorsed by an official government veterinarian stating the matters referred to in paragraphs (a) and (b) |
3 | Rawhide chews that: (a) are derived from porcine animals; and (b) are for consumption by domestic dogs | All of the following: (a) the goods were made using only hide or skin of porcine animals with no other biological materials (for example, cartilage); (b) the hide or skin was soaked in a liming solution of pH 14 for not less than 8 hours; (c) the animals from which the goods were derived were not slaughtered as part of disease control measures in the country of origin of the animals; (d) the goods are accompanied by: (i) an official government veterinary certificate from the country in which the goods were manufactured stating the matters referred to in paragraphs (a) to (c); or (ii) a declaration by the manufacturer of the goods stating the matters referred to in paragraphs (a) to (c); (e) if the goods are accompanied by a declaration referred to in subparagraph (d)(ii)—the goods are treated, while subject to biosecurity control, with 50 kGy of ionising radiation |
3A | Fish oil from New Zealand, other than fish oil derived from members of the family Salmonidae or the genus Plecoglossus | All of the following: (a) the fish from which the goods were derived 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; (b) the goods 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); (c) the goods are free from plant or algae material and are accompanied by a declaration by the manufacturer of the goods stating that fact; (d) the goods are packaged: (i) in containers that are new and are accompanied by a declaration by the manufacturer of the goods stating that fact; or (ii) in containers that have been cleaned and inspected for cleanliness and are accompanied by a cleanliness certificate stating that fact |
3B | Fish oil, other than fish oil derived from members of the family Salmonidae or the genus Plecoglossus | All of the following: (a) the goods were not derived from terrestrial or avian animals; (b) the goods are free from plant or algae material; (c) the goods have been heated to a minimum of: (i) 85°C for at least 15 minutes; or (ii) 80°C for at least 20 minutes; (d) the goods are packaged: (i) in containers that are new and are accompanied by a declaration by the manufacturer of the goods stating that fact; or (ii) in containers that have been cleaned and inspected for cleanliness and are accompanied by a cleanliness certificate stating that fact; (e) the goods are accompanied by: (i) a certificate from a body listed in the List of Overseas Authorities—Aquatic Animals for Import stating the matter referred to in paragraph (a); or (ii) a declaration by the manufacturer of the goods, endorsed by a body listed in the List of Overseas Authorities—Aquatic Animals for Import, stating the matter referred to in paragraph (a); (f) the goods are accompanied by a declaration by the manufacturer of the goods stating the matters referred to in paragraphs (b) and (c) |
4 | 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 |
5 | Dead bony fish (Osteichthyes) (other than members of the family Salmonidae or the genus Plecoglossus), 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) |
6 | 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 |
7 | 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 |
8 | Marine molluscs, other than oysters or snails | The goods are treated in Australian territory with 50 kGy of ionising radiation |
9 | Food for consumption by pet fish in enclosed aquariums or ponds | All of the following: (a) the goods do not contain materials derived from: (i) terrestrial or avian animals; or (ii) fish of the family Salmonidae; (b) the goods do not contain: (i) whole seeds; or (ii) viable plant materials; or (iii) microalgae, other than listed microalgae; (c) if the goods contain listed microalgae—none of the following were used in producing the listed microalgae: (i) water sourced from intensive animal production (including an aquaculture system, other than the aquaculture system in which the microalgae was produced) or from an animal or human effluent system; (ii) material derived from animals; (d) the goods have been: (i) treated with 50 kGy of ionising radiation at a facility that the Director of Biosecurity is satisfied can treat food for consumption by pet fish so that biosecurity risks associated with the food are managed to an acceptable level; or (ii) otherwise treated or processed using a method that the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; (e) the goods are packed in individual containers of not more than 5 kilograms; (f) the goods have been commercially prepared and packaged; (g) the goods are ready for retail sale without any further processing; (h) the goods are accompanied by a declaration by the manufacturer of the goods stating: (i) the matters referred to in paragraphs (a), (b) and (d); and (ii) the matters referred to in paragraph (c), if applicable |
10 | 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 |
11 | 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 non‑biological 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 animal‑based 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 cross‑contamination of production cultures or raw materials |
12 | 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 non‑biological 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 animal‑based 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 cross‑contamination of production cultures or raw materials |
13 | 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 non‑biological 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 animal‑based 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 cross‑contamination of production cultures or raw materials |
14 | 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 non‑biological 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 animal‑based 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 cross‑contamination of production cultures or raw materials |
15 | 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 non‑biological 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 animal‑based 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 cross‑contamination of production cultures or raw materials |
16 | 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 derived from animals; (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 animal‑based 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 cross‑contamination of production cultures or raw materials |
24 Alternative conditions—cosmetics and related goods
For paragraph 12(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 | Column 2 |
1 | Cosmetics containing biological material for human use | The goods: (a) have been commercially manufactured, prepared and packaged; and (b) are ready for retail sale without any further processing; and (c) either: (i) are for personal use; or (ii) contain, in total, less than 20% by mass of material derived from animals (other than material derived from animals in relation to which alternative conditions are specified in this Division) |
2 | Soap | All of the following: (a) the goods have been commercially prepared; (b) the biological ingredients of the goods have undergone a process of saponification; (c) after saponification, no material derived from animals (other than material derived from animals in relation to which alternative conditions are specified in this Division) |
25 Alternative conditions—live plants for use as nursery stock
For paragraph 12(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 | Column 2 |
1 | Live Orchidaceae (orchid) plant imported as tissue cultures | The goods: (a) are growing in an aseptic non‑animal‑based 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 |
26 Alternative conditions—miscellaneous plant materials and plant products
(1) This section does not apply to plant materials or plant products that are intended for:
(a) animal consumption; or
(b) environmental purposes; or
(c) veterinary therapeutic use.
(2) For paragraph 12(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 | Column 2 |
1 | Processed plant products, other than goods in relation to which alternative conditions are specified in a provision (other than this item) 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, including of the following: (a) vascular plants; (b) non‑vascular plants and fungi (including algae, lichens, mosses, liverworts and hornworts) | The goods: (a) are in clean and new packaging; and (b) are clearly labelled, and identifiable, as herbarium specimens; and (c) are intended to be formally incorporated into a reference collection, or housed temporarily (on loan) for research, at one or more herbariums listed in the Index Herbariorum; and (d) are to be treated immediately when received by the first herbarium to which they are delivered, and before the inner wrappings are opened, at minus 18°C for 7 consecutive days; and either: (e) the goods are accompanied by a declaration that is clearly marked as being from the sending institution, stating the following: (i) a list of the specimens in the consignment (including the classification of the specimens to at least family level), linked to either the herbarium accession numbers or collectors’ details or identifiers (for example, the accompanying loan listing); (ii) that the specimens have been processed to their final state by a method other than freezing; (iii) that the specimens were free from live insects and excess soil at the time of packaging, and are not known to be infected with pathogenic micro‑organisms; or (f) the goods are delivered directly to a herbarium covered by an approved arrangement that provides for the containment of herbarium specimens |
3 | Unprocessed straw articles or products | The goods: (a) are for personal use and are brought in as baggage or mail; or (b) are accompanied by evidence: (i) stating the botanical name (including genus and species) of the goods; and (ii) showing that the goods are of plant origin only |
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; (b) the goods are accompanied by evidence stating the matters specified in subparagraphs (a)(i) to (iii) |
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 freeze‑dried; 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) the goods: (i) are for personal use, are brought in as baggage or mail, and are labelled with an ingredients list specifying the botanical names (genus and species) or common names of the goods; 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 mixtures for human consumption | 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, are brought in as baggage or mail, and are labelled with an ingredients list specifying the botanical names (genus and species) or common names of the goods; 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 are brought in as baggage or mail; or (b) are accompanied by evidence stating the botanical name (including genus and species) of the stem components of the goods |
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 are brought in as baggage or mail; or (b) are accompanied by evidence: (i) stating the botanical name (including genus and species) of the goods; and (ii) showing that the goods are of plant origin only |
16 | Grape vine articles | The goods: (a) are for personal use and are brought in as baggage or mail; or (b) are accompanied by evidence: (i) stating the botanical name (including genus and species) of the goods; and (ii) showing that the goods are of plant origin only |
17 | The following plants: (a) Hyparrhenia spp. (excluding H. gazensis); (b) Imperata cylindrica; (c) Miscanthus sinensis; (d) Pennisetum purpureum; (e) Thamnocalamus spp.; (f) Thamnochortus spp. | The goods: (a) are intended for use as thatching grass; and (b) are accompanied by evidence stating the botanical name (including genus and species) of the goods |
18 | Banana fibre articles | The goods: (a) are for personal use and are brought in as baggage or mail; or (b) are accompanied by evidence: (i) stating the botanical name (including genus and species) of the goods; and (ii) showing that the goods are of plant origin only |
19 | Articles stuffed with herbs or seeds | The goods are accompanied by evidence: (a) stating the botanical name (including genus and species) of the goods; and (b) showing that the goods are of plant origin only |
20 | Raw, unprocessed or cured tobacco leaf | The goods: (a) are in clean and new packaging; and (b) are clean and free from other animal or plant material and soil; and (c) are treated or processed, while subject to biosecurity control, using a method that the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level |
21 | Dried herb products not for human consumption | The goods: (a) are not viable; and (b) are in clean and new packaging; and (c) are clean and free from other animal or plant material and soil; and (d) are accompanied by documentation that includes a detailed product description and a full list of ingredients including botanical names (genus and species) of the goods |
27 Alternative conditions—nuts for human consumption
For paragraph 12(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 | Column 2 |
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 |
28 Alternative conditions—cereals, grains, legumes, pulses and oil seeds for human consumption
For paragraph 12(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 | Column 2 |
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 |
29 Alternative conditions—fresh cut flowers and foliage for decorative purposes
For paragraph 12(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 | Column 2 |
1 | Fresh cut flowers and foliage other than for personal use | All of the following: (a) the goods are listed fresh cut flowers or foliage; (b) the goods are of a species that: (i) were produced in accordance with a systems approach in a country listed for that species and that systems approach in the List of Species of Fresh Cut Flowers and Foliage with Alternative Conditions for Import; or (ii) have been treated with methyl‑bromide in a country listed for that species and that treatment in the List referred to in subparagraph (i); or (iii) have been treated with an alternative treatment in a country listed for that species and that treatment in the List referred to in subparagraph (i); (c) if the goods are of a species for which devitalisation treatment is listed in the List referred to in subparagraph (b)(i)—the listed devitalisation treatment has been applied to the goods; (d) the goods are free from pests; (e) the goods are packaged in pest‑proof cartons or containers; (f) the goods are accompanied by a phytosanitary certificate stating: (i) the botanical name (including genus and species) of the goods; and (ii) the matters specified in paragraphs (a) to (e) |
2 | Fresh cut flowers and foliage for personal use | The goods: (a) are listed fresh cut flowers or foliage; and (b) are for personal use and brought in as baggage; and (c) are in a quantity of not more than 6 small boxes, bouquets or equivalent |
3 | Lilium spp. cut flowers other than for personal use | All of the following: (a) the goods were grown and produced in Taiwan; (b) the goods are commercial hybrid varieties and are free from stem bulbils; (c) the goods: (i) were produced in accordance with a systems approach listed for the goods in the List of Species of Fresh Cut Flowers and Foliage with Alternative Conditions for Import; or (ii) have been treated with methyl‑bromide; or (iii) have been treated with an alternative treatment listed for the goods in the List referred to in subparagraph (i); (d) the goods are free from pests; (e) the goods are packaged in pest‑proof cartons or containers; (f) the goods are accompanied by a phytosanitary certificate stating: (i) the botanical name (including genus and species) of the goods; and (ii) the matters specified in paragraphs (a) to (e) |
4 | Lilium spp. cut flowers for personal use | The goods: (a) were grown and produced in Taiwan; and (b) are for personal use and brought in as baggage; and (c) are in a quantity of not more than 6 small boxes, bouquets or equivalent |
30 Alternative conditions—packaging
For paragraph 12(1)(b), the following table specifies alternative conditions for bringing or importing packaging into Australian territory.
Alternative conditions—packaging | ||
Item | Column 1 | Column 2 |
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 |
31 Alternative conditions—fertilisers, soil conditioners and growing media of plant origin
For paragraph 12(1)(b), the following table specifies alternative conditions for bringing or importing fertilisers, soil conditioners and growing media of plant origin into Australian territory.
Alternative conditions—fertilisers, soil conditioners and growing media of plant origin | ||
Item | Column 1 | Column 2 |
1 | Peat (being black peat, peat moss, sphagnum peat moss or white peat) that was grown, processed and packaged in, and brought or imported from, an FMD‑free 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: (a) was not grown, processed or packaged in an FMD‑free country; and (b) is 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: (a) was not grown, processed or packaged in an FMD‑free country; and (b) is 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 foot‑and‑mouth 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 foot‑and‑mouth disease in the period of 12 months before the goods left the exporting country |
4 | Coir peat (whether compressed or non‑compressed), including in any of the following forms: (a) bales; (b) blocks; (c) bricks; (d) briquettes | 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, and either: (a) the phytosanitary certificate includes a declaration stating that there is no visible contamination from animal material on the goods; or (b) the goods are accompanied by an official government certificate stating that there is no visible contamination from animal material on the goods |
32 Alternative conditions—produce for human consumption
For paragraph 12(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 | Column 2 |
1 | Any of the following goods, other than goods to which column 1 of another item in this table applies: (a) fruit; (b) vegetables; (c) leaves; (d) herbs; (e) fungi | The goods: (a) are free from pests, and diseases, which present an unacceptable level of biosecurity risk; and (b) 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 (c) are accompanied by evidence that the condition referred to in paragraph (b) has been complied with |
2 | Any of the following goods, other than goods to which column 1 of any of items 3 to 14 applies: (a) unprocessed fresh fruit; (b) unprocessed fresh vegetables; (c) unprocessed fresh leaves; (d) unprocessed fresh herbs; (e) unprocessed fresh fungi | All of the following: (a) the goods are listed fresh produce for human consumption; (b) the goods are free from pests, and diseases, which present an unacceptable level of biosecurity risk; (c) the goods are accompanied by a phytosanitary certificate issued by the exporting country’s national plant protection organisation stating that the goods described in the certificate are free from pests, and diseases, which present an unacceptable level of biosecurity risk; (d) the phytosanitary certificate describes the goods, including: (i) the botanical name (including genus and species) of the goods; and (ii) distinguishing marks of the goods, such as the name of the brand or grower; and (iii) the quantity, volume and weight of the goods; (e) the goods have been securely packed in clean and new packaging; (f) any information visible on the packaging is not inconsistent with the phytosanitary certificate or with any commercial documentation that accompanies the goods |
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 | Species of mushrooms or fungi that are for use for medicinal purposes, other than goods to which column 1 of item 7 applies | The goods: (a) are listed medicinal mushrooms; and (b) have been securely packed in clean and new packaging; and (c) have been dried and processed; and (d) are accompanied by a declaration on commercial documentation stating the botanical name of the goods (including genus and species), and a description of the packaging used for the goods; and (e) are treated, while subject to biosecurity control, using a method that the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level |
7 | Species of mushrooms that: (a) are in the form of a tablet, capsule, liquid, injectable vial or ointment, or are an ingredient in food or a beverage, including in a tea bag; and (b) are for use for medicinal purposes | The goods: (a) are listed medicinal mushrooms; and (b) have been commercially prepared and packaged; and (c) either: (i) are accompanied by commercial documentation stating the botanical name of the goods (including genus and species), and a description of the packaging used for the goods; or (ii) are for personal use and in a quantity of not more than 3 months’ supply |
8 | Semi‑processed 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 |
9 | Semi‑processed 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 |
10 | Semi‑processed 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 |
11 | 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 |
12 | 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 |
13 | The following goods: (a) unprocessed fresh asparagus that was grown in Mexico or Peru; (b) unprocessed fresh persimmon that was grown in the United States of America | All of the following: (a) the goods are free from pests, and diseases, which present an unacceptable level of biosecurity risk; (b) the goods have been treated, before being exported, for at least 2 hours: (i) at 21°C or above with at least 32 g of methyl bromide per cubic metre of the goods; or (ii) at 16°C or above with at least 40 g of methyl bromide per cubic metre of the goods; or (iii) at 11°C or above with at least 48 g of methyl bromide per cubic metre of the goods; or (iv) at 10°C or above with at least 56 g of methyl bromide per cubic metre of the goods; (c) the goods are accompanied by a phytosanitary certificate issued by the exporting country’s national plant protection organisation stating that the goods: (i) are free from pests, and diseases, which present an unacceptable level of biosecurity risk; and (ii) have been treated as mentioned in paragraph (b); (d) the phytosanitary certificate describes the goods, including: (i) the botanical name (including genus and species) of the goods; and (ii) distinguishing marks of the goods, such as the name of the brand or grower; and (iii) the quantity, volume and weight of the goods; (e) the goods have been securely packed in clean and new packaging; (f) any information visible on the packaging is not inconsistent with the phytosanitary certificate or with any commercial documentation that accompanies the goods |
14 | Unprocessed fresh pomegranate that was grown in the United States of America | All of the following: (a) the goods are free from pests, and diseases, which present an unacceptable level of biosecurity risk; (b) the goods have been treated, before being exported, for at least 3 hours at 21°C or above with at least 40 g of methyl bromide per cubic metre of the goods; (c) the goods are accompanied by a phytosanitary certificate issued by the exporting country’s national plant protection organisation stating that the goods: (i) are free from pests, and diseases, which present an unacceptable level of biosecurity risk; and (ii) have been treated as mentioned in paragraph (b); (d) the phytosanitary certificate describes the goods, including: (i) the botanical name (including genus and species) of the goods; and (ii) distinguishing marks of the goods, such as the name of the brand or grower; and (iii) the quantity, volume and weight of the goods; (e) the goods have been securely packed in clean and new packaging; (f) any information visible on the packaging is not inconsistent with the phytosanitary certificate or with any commercial documentation that accompanies the goods |
33 Alternative conditions—seeds
For paragraph 12(1)(b), the following table specifies alternative conditions for bringing or importing seeds into Australian territory.
Alternative conditions—seeds | ||
Item | Column 1 | Column 2 |
1 | Seeds, other than seeds to which column 1 of another item in this table applies | 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 |
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 (d) are being imported from a commercial source; and (e) are accompanied by evidence that they are being imported from a commercial source |
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 |
34 Alternative conditions—timber and timber products
For paragraph 12(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 | Column 2 |
1 | Timber and timber products, other than goods to which column 1 of another item in this table applies | Both of the following: (a) the goods are free from pests; (b) the goods: (i) are free from bark and have been processed or manufactured to be 200 millimetres or less in diameter in at least one dimension; or (ii) 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; or (iii) are accompanied by evidence that demonstrates that the goods have been produced under an accreditation scheme that the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; or (iv) are for personal use and are brought in as baggage or mail |
2 | 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; and (b) have been commercially packaged in clean and new packaging |
3 | 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 |
4 | Bark for human consumption or human therapeutic use | The goods: (a) are dried; and (b) either: (i) are accompanied by documentation that includes a detailed product description, a full list of ingredients including botanical names (genus and species) or common names of the goods, and a description of the packaging of the goods; or (ii) are for personal use, are brought in as baggage or mail, and are labelled with the botanical names (genus and species) or common names of the goods |
5 | Sawdust and woodchips of plant origin only, other than goods intended for: (a) animal consumption; or (b) environmental purposes | The goods have been commercially packaged in clean and new packaging |
6 | Oak barrels (with or without chestnut bark hoops) | The goods: (a) are for personal use and are brought in as baggage or mail; or (b) are accompanied by evidence stating the botanical name (including genus and species) of the materials from which the goods are made |
35 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 12(1)(b), alternative conditions for bringing or importing the goods into Australian territory are that the goods are intended for any of the following purposes:
(a) use in human food or beverages;
(b) cosmetic use;
(c) in‑vitro laboratory work;
(d) in‑vivo work in laboratory organisms;
(e) human therapeutic use.
(3) The following table specifies starter cultures for subsection (1).
Starter cultures | |
Item | Starter cultures |
1 | Acetobacter spp. |
2 | Aspergillus brasiliensis |
3 | Aspergillus niger |
4 | Aspergillus oryzae |
5 | Bacillus acidopullulyticus |
6 | Bacillus amyloliquefaciens |
7 | Bacillus coagulans |
8 | Bacillus halodurans |
9 | Bacillus licheniformis |
10 | Bacillus subtilis |
11 | Baker’s yeast |
12 | Bifidobacterium spp. |
13 | Brevibacterium linens |
14 | Brewer’s yeast |
15 | Candida spp. |
16 | Chaetomium gracile |
17 | Citeromyces spp. |
18 | Clavispora spp. |
19 | Debaryomyces spp. |
20 | Dekkera spp. |
21 | Enterococcus durans |
22 | Enterococcus faecalis |
23 | Enterococcus faecium |
24 | Geotrichum candidum |
25 | Hansenula spp. |
26 | Hasegawaea spp. |
27 | Humicola insolens |
28 | Hyphopichia spp. |
29 | Issatchenkia spp. |
30 | Kluyveromyces spp. |
31 | Lactic acid bacteria |
32 | Lactobacillus spp. |
33 | Lactococcus spp. |
34 | Leuconostoc spp. |
35 | Monascus spp. |
36 | Pediococcus pentosaceus |
37 | Penicillium camemberti (also known as Penicillium camembertii and Penicillium candidum) |
38 | Penicillium funiculosum |
39 | Penicillium roqueforti (also known as Penicillium roquefortii) |
40 | Phaffia spp. |
41 | Pichia spp. |
42 | Propionibacterium spp. |
43 | Rhizopus spp. |
44 | Saccharomyces spp. |
45 | Schizosaccharomyces spp. |
46 | Schwanniomyces spp. |
47 | Staphylococcus carnosus |
48 | Staphylococcus xylosus |
49 | Streptococcus cremoris |
50 | Streptococcus diacetilactis |
51 | Streptococcus durans |
52 | Streptococcus faecalis |
53 | Streptococcus lactis |
54 | Streptococcus salivarius |
55 | Streptococcus thermophilus |
56 | Streptomyces olivaceus |
57 | Streptomyces olivochromogenes |
58 | Streptomyces mobaraensis (formerly Streptoverticillium mobaraensis) |
59 | Streptomyces murinus |
60 | Streptomyces rubiginosus |
61 | Streptomyces violaceoruber |
62 | Talaromyces emersonii (formerly Penicillium ermersonii) |
63 | Torulaspora spp. |
64 | Torulopsis spp. |
65 | Trichoderma harzianum |
66 | Trichoderma reesei (formerly Trichoderma longibrachiatum) |
67 | Trichoderma viride |
68 | Wine culture |
69 | Yoghurt/Kefir culture |
70 | Zygoascus spp. |
71 | Zygosaccharomyces spp. |
36 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 12(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) environmental purposes; or
(iii) 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 | Almond‑based beverages |
3 | Amino acids (other than those derived from neural material) |
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 or microbial fermentation) |
13 | Esters |
14 | Fructose |
15 | Gamma oryzanol |
16 | Glucose |
17 | Gluten |
18 | Gum products |
19 | Hazelnut‑based 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 | Multigrain‑based beverages |
30 | Neem oil |
31 | Oat‑based 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 |
37 Alternative conditions—biological material intended for personal use
(1) This section applies to any biological material (the goods).
(2) For paragraph 12(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; 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.
37A Alternative conditions—listed semi‑synthetic, fermentation‑derived active ingredients
(1) This section applies to listed semi‑synthetic, fermentation‑derived active ingredients (the goods).
(2) For paragraph 12(1)(b), alternative conditions for bringing or importing the goods into Australian territory are:
(a) the goods are intended for human therapeutic use or veterinary therapeutic use; and
(b) the goods have been manufactured without the use of materials of terrestrial animal or avian origin (including the culture media used during fermentation of the goods); and
(c) the goods do not contain any plant material (other than highly processed and purified plant extracts or oils) and are not on an animal or grain based carrier; and
(d) the goods are derived from a fermentation process that used culture media that was sterilised before use; and
(e) the goods were manufactured to be compliant with:
(i) the relevant monograph from at least one of the following published standards: United States Pharmacopeia, European Pharmacopoeia, British Pharmacopoeia; or
(ii) the specifications approved by the Australian Pesticides and Veterinary Medicines Authority (within the meaning of the Agricultural and Veterinary Chemicals (Administration) Act 1992); and
(f) the goods are accompanied by a declaration by the manufacturer of the goods stating the matters referred to in paragraphs (b) to (e).
(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 and mined fertilisers, soil conditioners and soil growth supplements (see section 45).
(2) For paragraph 12(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.
39 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, in‑vitro purposes or human therapeutic use or contained in cosmetics for human use
(2) For paragraph 12(1)(b), alternative conditions for bringing or importing the goods into Australian territory are:
(a) the goods:
(i) are intended for human consumption, in‑vitro purposes or human therapeutic use; or
(ii) are contained in cosmetics for human 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 12(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) if the goods contain ingredients of animal, plant or microbial origin—those ingredients are biological material specified in the table in subsection 39(4); and
(e) the goods are accompanied by:
(i) documentation stating the ingredients contained in the goods; or
(ii) if applicable, a declaration or other documentation from the manufacturer of the goods stating the matter referred to in paragraph (d).
Biological material
(4) The following table specifies biological material for subsection (1).
Biological material | |
Item | Biological material |
1 | Alcohols |
2 | Carminic acid |
3 | Citric acid |
4 | Colloidal oatmeal |
5 | Cultures of Saccharomyces cerevisiae (or a derivative of a pure culture of Saccharomyces cerevisiae) |
6 | Cyclosporin (except if manufactured using materials of terrestrial animal or avian origin) |
7 | Diethylaminoethyl (DEAE) dextran (except if manufactured using materials of terrestrial animal or avian origin) |
8 | Essential oils |
9 | Esters |
10 | Fish oil (other than fish oil derived from members of the family Salmonidae or the genus Plecoglossus) |
11 | 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) |
12 | Green lipped mussel powder from New Zealand (except if intended for veterinary therapeutic use in aquatic animals) |
13 | Highly processed biochemicals derived from wool grease (including cholesterol, cholecalciferol vitamin D3, lanolin and lanolin alcohols) |
14 | Homeopathic preparations |
15 | Lactic acid |
16 | Lactose (except in products intended for administration to food producing animals in their feed or water ration) |
17 | Natural flavourings (except if manufactured using materials of terrestrial animal or avian origin) |
18 | Neatsfoot oil, if present in products for topical application to humans or animals that are companion or performance animals (such as dogs, cats or horses) |
19 | Pectins |
20 | Plant acids |
21 | Plant extracts (other than flours or powders) |
22 | Plant gums |
23 | Plant juices |
24 | Plant oils |
25 | Plant waxes |
26 | Purified amino acids (other than those derived from neural material) |
27 | Purified antibiotics or antimycotics manufactured without using materials of terrestrial animal or avian origin (except if intended for veterinary therapeutic use in aquatic animals) |
28 | Purified avermectin compounds manufactured without using materials of terrestrial animal or avian origin (except if intended for veterinary therapeutic use in aquatic animals) |
29 | Purified corticosteroid manufactured without using materials of terrestrial animal or avian origin |
30 | Purified hyaluronic acid manufactured without using materials of terrestrial animal or avian origin (except if intended for veterinary therapeutic use in aquatic animals) |
31 | Purified milbemycin compounds manufactured without using materials of terrestrial animal or avian origin (except if intended for veterinary therapeutic use in aquatic animals) |
32 | Purified spinosyn compounds, if present in products for use in humans or animals that are companion or performance animals (such as dogs, cats or horses) |
33 | Resins |
34 | Starches |
35 | Sugars (other than lactose) |
36 | Tallow derivatives that are methyl oleate, oleic acid, glycerol or stearates, produced by hydrolysis, saponification or transesterification using high temperature (above 200°C) and pressure |
37 | Tinctures (except if manufactured using materials of terrestrial animal or avian origin) |
38 | Vinegars |
39 | Vitamins or provitamins |
40 | Water |
41 | Xanthan gum |
40 Alternative conditions—gelatine and its derivatives intended for certain purposes
For paragraph 12(1)(b), the following table specifies alternative conditions for bringing or importing gelatine and its derivatives into Australian territory.
Alternative conditions—gelatine and its derivatives intended for certain purposes | ||
Item | Column 1 | Column 2 |
1 | Gelatine intended for: (a) human consumption; or (b) human therapeutic use; or (ba) cosmetics for human use; or (c) in‑vitro purposes; or (d) in‑vivo work in laboratory organisms | The goods have been commercially prepared |
2 | Gelatine intended for culture media | Both of the following: (a) the goods have been commercially prepared and packaged; (b) if the goods were derived from bovines—the goods were derived from hides and skins only |
3 | Gelatine intended for veterinary therapeutic use or use in cosmetics for animals | The goods: (a) were not derived from ruminant animals; and (b) do not contain any biological material except gelatine or biological material specified in the table in subsection 39(4); and (c) have been commercially prepared and packaged; and (d) are ready for retail sale without any further processing; and (e) are accompanied by a declaration or other documentation from the manufacturer of the goods, stating the matters referred to in paragraphs (a) to (d) |
41 Alternative conditions—bioremediation products
For paragraph 12(1)(b), the following table specifies alternative conditions for bringing or importing bioremediation products into Australian territory.
Alternative conditions—bioremediation products | ||
Item | Column 1 | Column 2 |
1 | Bioremediation 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 |
Note 1: If Division 3 (which deals with hitchhiker pests) applies to goods included in a class of goods to which a provision of this Division applies, the additional conditions in Division 3 must also be complied with.
Note 2: If Division 3A (which deals with goods that may be host of khapra beetle) applies to goods included in a class of goods to which a provision of this Division applies, the additional conditions in Division 3A must also be complied with.
42 Biosecurity preparedness plans
Goods that are included in a class of goods to which a section of this Division applies, and that are the subject of an import declaration, must not be brought or imported into Australian territory unless, at the time the declaration is made, a plan to manage the biosecurity risks associated with bringing or importing goods of that class (or goods including goods of that class) into Australian territory is:
(a) listed in the List of Biosecurity Preparedness Plans; and
(b) ordinarily accessible through the Agriculture Department’s website.
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 have been treated using a method that the Director of Biosecurity is satisfied is appropriate to manage biosecurity risks associated with the goods to an acceptable level; or
(c) the following conditions are complied with:
(i) after arriving at a landing place or port in Australian territory, the goods must be delivered directly to premises for biosecurity activities to be carried out in relation to the goods in accordance with an approved arrangement;
(ii) the goods must be used only for in‑vitro purposes;
(iii) the goods must not be used for isolation of infectious agents.
Classes of goods to which this section applies
(1) This section applies to the following classes of goods:
(a) water;
(b) goods containing water.
Exceptions
(2) However, the classes of goods referred to in subsection (1) do not include any of the following:
(a) commercially packaged water;
(b) rose water;
(c) orange flower water;
(d) holy water for personal use;
(e) water included as an ingredient in a food product.
Conditions
(3) Goods included in a class of goods to which this section applies must not be brought or imported into Australian territory unless at least one of the following is complied with:
(a) the goods are covered by an import permit;
(b) the goods have been treated using a method that the Director of Biosecurity is satisfied is appropriate to manage biosecurity risks associated with the goods to an acceptable level;
(c) if the goods are sea or ocean water:
(i) the quantity of the goods is less than 5 litres; and
(ii) the goods are free from suspended and solid material; and
(iii) the goods must be used only for in‑vitro purposes.
45 Chemical or mined 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 or mined fertilisers;
(b) chemical or mined soil conditioners;
(c) chemical or mined 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 38).
Conditions—liquid chemical fertilisers
(2) 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 and mined fertilisers, soil conditioners and soil growth supplements (other than liquid chemical fertilisers)
(3) Goods included in a class of goods to which this section applies (other than liquid chemical fertilisers) must not be brought or imported into Australian territory unless:
(a) the goods are covered by an import permit; or
(b) the alternative conditions specified in the following table are complied with.
Alternative conditions—chemical and mined fertilisers, soil conditioners and soil growth supplements (other than liquid chemical fertilisers) | ||
Item | Column 1 | Column 2 |
1 | Chemical fertilisers (other than liquid chemical fertilisers), chemical soil conditioners and chemical soil growth supplements, if the net weight of each packed unit of the goods is not more than 100 kilograms | All of the following: (a) the goods are in clean and new packaging; (b) the goods do not contain any ingredients of animal, plant or microbial origin; (c) the goods were packed at the place where they were produced; (d) the goods have not been stockpiled in an open environment; (e) the goods are accompanied by a commercial invoice, packing list or a declaration by the manufacturer of the goods, stating the matters referred to in paragraphs (a) to (d) |
2 | Chemical fertilisers (other than liquid chemical fertilisers), chemical soil conditioners and chemical soil growth supplements, if the net weight of each packed unit of the goods is more than 100 kilograms | All of the following: (a) the goods are not intended for processing (other than packaging) in Australian territory; (b) the goods do not contain any ingredients of animal, plant or microbial origin; (c) the goods are accompanied by a commercial invoice, packing list or a declaration by the manufacturer of the goods, stating the matters referred to in paragraphs (a) and (b) |
3 | Mined fertilisers, mined soil conditioners and mined soil growth supplements | The goods: (a) are not intended for processing (other than packaging) in Australian territory; and (b) do not contain any ingredients of animal, plant or microbial origin; and (c) are accompanied by a commercial invoice, packing list or a declaration by the manufacturer of the goods, stating the matters referred to in paragraphs (a) and (b) |
46 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.
47 Equipment that has directly or indirectly come into contact with horses
Classes of goods to which this section applies
(1) The class of goods to which this section applies is equipment that has directly or indirectly come into contact with horses, including the following:
(a) grooming items, tools and other items and accessories used in caring for horses (for example, feed bags);
(b) awards (for example, ribbons and garlands);
(c) riding accessories (for example, collars, reins, bridles, blinkers and saddles);
(d) horse shoes;
(e) equestrian and horse riding clothing and accessories, including polo equipment, saddle rugs and pads, riding and stock whips, boots, spurs, jodhpurs, gloves and helmets;
(f) any other clothing, footwear, accessories, tools or items, worn or used, that have been in contact with horses or exposed to areas where horses are or have been present.
Conditions
(2) Goods included in the 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) have been treated either with 50 kGy of ionising radiation at a facility that the Director of Biosecurity is satisfied can treat equipment that has directly or indirectly come into contact with horses so that biosecurity risks associated with the goods are managed to an acceptable level, or a disinfectant appropriate to manage biosecurity risks associated with the goods to an acceptable level; and
(ii) have not been in contact with equine animals after being treated as referred to in subparagraph (i); and
(iii) are accompanied by a government‑endorsed treatment certificate, stating the matters referred to in subparagraphs (i) and (ii); or
(c) the goods are treated, while subject to biosecurity control, using a method that the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level.
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.
Classes of goods to which this section applies
(1) This section applies to the following classes of goods:
(a) used earth‑moving, agricultural, construction or timber felling machinery or equipment (including assembled parts);
(b) used mining machinery, including oil‑field drilling machinery that has come into contact with soil or material of animal or plant origin;
(c) used grain‑milling machinery;
(d) field‑tested 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;
(c) used equipment that has directly or indirectly come into contact with horses.
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.
50 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, within 72 hours before leaving the exporting country:
(i) treated with trisodium phosphate (Virkon or Virucidal X); or
(ii) treated with 50 kGy of ionising radiation; 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.
51 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.
52 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.
52A Microscope slides mounted with biological material, human material, soil or water
Classes of goods to which this section applies
(1) The class of goods to which this section applies is microscope slides that are mounted with any of the following:
(a) biological material;
(b) human material to which section 53 or 53A applies;
(c) soil;
(d) water.
Conditions
(2) Goods included in the 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) all of the following apply:
(i) the goods are accompanied by documentation stating that the goods have been prepared using a method that the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level;
(ii) no animal is, or will be, exposed (whether directly or indirectly) to the goods or any derivatives of the goods;
(iii) the goods are not intended to be used for isolation or synthesis of viable microorganisms or infectious agents or their homologues.
53 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, other than human milk;
(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.
Classes of goods to which this section applies
(1) The class of goods to which this section applies is human milk.
Conditions
(2) Goods included in the 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 intended for personal use by one or more children who are under the care of the person bringing in the goods; and
(ii) were not sourced from donors.
54 Hair, teeth or bones from a human’s body
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 (including hair from a deceased human’s body that has been separated from the deceased human’s body);
(b) teeth from a human’s body (including teeth from a deceased human’s body that have been separated from the deceased human’s body);
(c) bones from a human’s body (including bones from a deceased human’s body that have been separated from the deceased human’s body).
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.
Classes of goods to which this section applies
(1) The class of goods to which this section applies is test kits that contain animal material, human material or material derived from a disease agent.
Conditions
(2) Goods included in the 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 alternative conditions specified for the goods in subsection (3) are complied with.
(3) For paragraph (2)(b), the alternative conditions for bringing or importing the goods into Australian territory are:
(a) the goods are a medical device that is included in the Register (within the meaning of the Therapeutic Goods Act 1989); and
(b) the goods have not been included in the Register for the sole purpose of being brought or imported into Australia for export only; and
(c) the goods are an immunochromatographic device; and
(d) the goods are finished goods that are packed in their final packaging; and
(f) the goods are not intended for veterinary therapeutic use; and
(g) no animal or plant is, or will be, exposed (whether directly or indirectly) to the goods or any derivatives of the goods; and
(h) the animal material, human material or material derived from a disease agent that is contained in the goods is:
(i) adhered to an inert membrane substrate; or
(ii) in a solution; or
(iii) both adhered to an inert membrane substrate and in a solution; and
(i) if the animal material, human material or material derived from a disease agent is in a solution:
(i) the solution is an integral component of the test kit; and
(ii) the amount of the material contained in each solution that is a component of the test kit does not exceed 2 mL; and
(j) the goods are accompanied by written evidence from, or a written declaration by, the manufacturer of the goods stating:
(i) whether the animal material, human material or material derived from a disease agent that is contained in the goods is adhered to an inert membrane substrate, in a solution or both; and
(ii) that the goods have been manufactured using a production process that implements validated methods of elimination or inactivation of disease agents present in the goods; and
(iii) if any of the animal material, human material or material derived from a disease agent contained in the test kit is in one or more solutions that are a component of the test kit—that the material in each solution does not exceed 2 mL.
Division 3—Additional conditions relating to hitchhiker pests
55 Biosecurity preparedness plans
(1) Goods that are included in a class of goods to which a section of this Division applies, and that are the subject of an import declaration, must not be brought or imported into Australian territory unless, at the time the declaration is made, a plan to manage the biosecurity risks associated with bringing or importing goods of that class (or goods including goods of that class) into Australian territory is:
(a) listed in the List of Biosecurity Preparedness Plans; and
(b) ordinarily accessible through the Agriculture Department’s website.
(2) The condition in subsection (1), and the conditions in section 56, are in addition to any conditions that must be complied with under Division 1, 2 or 3A.
56 Goods posing hitchhiker pest biosecurity risks
Classes of goods to which this section applies
(1) The class of goods to which this section applies is goods that are:
(a) listed in relation to one or more specified listed hitchhiker pests in the List of Hitchhiker Pest Host Countries or Regions; and
(b) produced, stored or loaded onto an aircraft or vessel:
(i) in a country or region specified in that List for those goods and that pest; and
(ii) during the risk period specified in that List for that country or region and those goods and that pest.
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:
(i) have been treated, using a treatment listed for the goods in the List of Hitchhiker Pest Host Countries or Regions, by a treatment provider listed for that treatment in the List of Treatment Providers; and
(ii) are accompanied by a certificate stating that the goods have been treated in accordance with subparagraph (i); and
(iia) comply with any post‑treatment requirements for the goods specified in the List of Hitchhiker Pest Host Countries or Regions; and
(iib) are accompanied by written evidence stating the matter in subparagraph (iia); and
(iii) are free from any live listed hitchhiker pests; or
(b) all of the following apply:
(i) the goods are contained in one or more sealed shipping containers;
(ii) each shipping container remains sealed after its arrival in Australian territory until it is opened for the goods to be treated in accordance with subparagraph (iii);
(iii) the goods are treated, in accordance with an approved arrangement and while subject to biosecurity control, using a treatment the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level.
57 Other goods that may carry hitchhiker pests
(1) For the purposes of section 55, this section applies to the class of goods that are listed in the List of Goods That May Carry Hitchhiker Pests prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing from time to time.
(2) However, the class of goods to which this section applies does not include goods that consist of corrosive or toxic chemicals (or chemicals that are both corrosive and toxic), natural gas or petroleum products if the goods are brought or imported into Australian territory in liquid form, in a bulk vessel and not contained in packaging or other material.
Division 3A—Additional conditions relating to goods that may be host of khapra beetle
57A Biosecurity preparedness plans—condition
Goods that are included in a class of goods to which a section of this Division applies, and that are the subject of an import declaration, must not be brought or imported into Australian territory unless, at the time the declaration is made, a plan to manage the biosecurity risks associated with bringing or importing goods of that class (or goods including goods of that class) into Australian territory is:
(a) listed in the List of Biosecurity Preparedness Plans; and
(b) ordinarily accessible through the Agriculture Department’s website.
The conditions in this Division are in addition to any relevant conditions that must be complied with under Division 1, 2 or 3.
57C High‑risk khapra beetle goods from target‑risk khapra beetle countries
Classes of goods to which this section applies
(1) The class of goods to which this section applies is goods that are:
(a) high‑risk khapra beetle goods; and
(b) stored or loaded onto an aircraft or vessel in a target‑risk khapra beetle country.
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 alternative conditions specified for the goods in the following table are complied with.
Alternative conditions—high‑risk khapra beetle goods from target‑risk khapra beetle countries | ||
Item | Column 1 | Column 2 |
1 | High‑risk khapra beetle goods that: (a) are not seeds for sowing; and (b) are not intended for research purposes | The goods: (a) have been treated using a treatment listed for the goods in the List of Target‑risk Countries for Host of Khapra Beetle; and (b) are free from all live species of Trogoderma; and (c) are accompanied by a phytosanitary certificate stating the matters mentioned in paragraphs (a) and (b); and (d) are not excluded khapra beetle goods |
2 | High‑risk khapra beetle goods that: (a) are seeds for sowing; and (b) are not intended for research purposes | The goods: (a) are free from evidence of all species of Trogoderma (whether live, dead or exuviae) that are listed in the List of Trogoderma Species of Biosecurity Concern; and (b) are accompanied by a phytosanitary certificate stating the matter mentioned in paragraph (a); and (c) are not excluded khapra beetle goods |
3 | High‑risk khapra beetle goods that are intended for research purposes | The goods: (a) are accompanied by written evidence that the goods are intended for research purposes; and (b) have a value not exceeding the amount prescribed for the purposes of subparagraph 68(1)(f)(iii) of the Customs Act 1901; and (c) are not brought or imported into Australian territory: (i) as the accompanied or unaccompanied personal effects of a passenger, or a member of the crew, of a ship or aircraft; or (ii) as mail |
57D High‑risk khapra beetle goods from other‑risk khapra beetle countries
Classes of goods to which this section applies
(1) The class of goods to which this section applies is goods that are:
(a) high‑risk khapra beetle goods; and
(b) both:
(i) stored or loaded onto an aircraft or vessel in an other‑risk khapra beetle country; and
(ii) not goods to which section 57C applies.
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 alternative conditions specified for the goods in the following table are complied with.
Alternative conditions—high‑risk khapra beetle goods from other‑risk khapra beetle countries | ||
Item | Column 1 | Column 2 |
1 | High‑risk khapra beetle goods that: (a) are not seeds for sowing; and (b) are not intended for research purposes | Either: (a) the goods: (i) are free from evidence of all species of Trogoderma (whether live, dead or exuviae) that are listed in the List of Trogoderma Species of Biosecurity Concern; and (ii) are accompanied by a phytosanitary certificate stating the matter mentioned in subparagraph (i) of this paragraph; and (iii) are not excluded khapra beetle goods; or (b) the goods: (i) have been treated using a treatment listed for the goods in the List of Other‑risk Countries for Host of Khapra Beetle; and (ii) are free from all live species of Trogoderma; and (iii) are accompanied by a phytosanitary certificate stating the matters mentioned in subparagraphs (i) and (ii) of this paragraph; and (iv) are not excluded khapra beetle goods |
2 | High‑risk khapra beetle goods that: (a) are seeds for sowing; and (b) are not intended for research purposes | The goods: (a) are free from evidence of all species of Trogoderma (whether live, dead or exuviae) that are listed in the List of Trogoderma Species of Biosecurity Concern; and (b) are accompanied by a phytosanitary certificate stating the matter mentioned in paragraph (a); and (c) are not excluded khapra beetle goods |
3 | High‑risk khapra beetle goods that are intended for research purposes | The goods: (a) are accompanied by written evidence that the goods are intended for research purposes; and (b) have a value not exceeding the amount prescribed for the purposes of subparagraph 68(1)(f)(iii) of the Customs Act 1901; and (c) are not brought or imported into Australian territory: (i) as the accompanied or unaccompanied personal effects of a passenger, or a member of the crew, of a ship or aircraft; or (ii) as mail |
57E Other‑risk khapra beetle goods from target‑risk khapra beetle countries
Classes of goods to which this section applies
(1) The class of goods to which this section applies is goods that are:
(a) other‑risk khapra beetle goods; and
(b) stored or loaded onto an aircraft or vessel in a target‑risk khapra beetle country.
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 alternative conditions specified for the goods in the following table are complied with.
Alternative conditions—other‑risk khapra beetle goods from target‑risk khapra beetle countries | ||
Item | Column 1 | Column 2 |
1 | Other‑risk khapra beetle goods that: (a) are not seeds for sowing; and (b) are not intended for research purposes | Either: (a) the goods: (i) are free from evidence of all species of Trogoderma (whether live, dead or exuviae) that are listed in the List of Trogoderma Species of Biosecurity Concern; and (ii) are accompanied by a phytosanitary certificate stating the matter mentioned in subparagraph (i) of this paragraph; or (b) the goods: (i) have been treated using a treatment listed for the goods in the List of Target‑risk Countries for Host of Khapra Beetle; and (ii) are free from all live species of Trogoderma; and (iii) are accompanied by a phytosanitary certificate stating the matters mentioned in subparagraphs (i) and (ii) of this paragraph |
2 | Other‑risk khapra beetle goods that: (a) are seeds for sowing; and (b) are not intended for research purposes | The goods: (a) are free from evidence of all species of Trogoderma (whether live, dead or exuviae) that are listed in the List of Trogoderma Species of Biosecurity Concern; and (b) are accompanied by a phytosanitary certificate stating the matter mentioned in paragraph (a) |
3 | Other‑risk khapra beetle goods that are intended for research purposes | The goods: (a) are accompanied by written evidence that the goods are intended for research purposes; and (b) have a value not exceeding the amount prescribed for the purposes of subparagraph 68(1)(f)(iii) of the Customs Act 1901 |
57F Other‑risk khapra beetle goods from other‑risk khapra beetle countries
Classes of goods to which this section applies
(1) The class of goods to which this section applies is goods that are:
(a) other‑risk khapra beetle goods; and
(b) both:
(i) stored or loaded onto an aircraft or vessel in an other‑risk khapra beetle country; and
(ii) not goods to which section 57E applies.
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 alternative conditions specified for the goods in the following table are complied with.
Alternative conditions—other‑risk khapra beetle goods from other‑risk khapra beetle countries | ||
Item | Column 1 | Column 2 |
1 | Other‑risk khapra beetle goods that: (a) are not seeds for sowing; and (b) are not intended for research purposes | Either: (a) the goods: (i) are free from evidence of all species of Trogoderma (whether live, dead or exuviae) that are listed in the List of Trogoderma Species of Biosecurity Concern; and (ii) are accompanied by a phytosanitary certificate stating the matter mentioned in subparagraph (i) of this paragraph; or (b) the goods: (i) have been treated using a treatment listed for the goods in the List of Other‑risk Countries for Host of Khapra Beetle; and (ii) are free from all live species of Trogoderma; and (iii) are accompanied by a phytosanitary certificate stating the matters mentioned in subparagraphs (i) and (ii) of this paragraph |
2 | Other‑risk khapra beetle goods that: (a) are seeds for sowing; and (b) are not intended for research purposes | The goods: (a) are free from evidence of all species of Trogoderma (whether live, dead or exuviae) that are listed in the List of Trogoderma Species of Biosecurity Concern; and (b) are accompanied by a phytosanitary certificate stating the matter mentioned in paragraph (a) |
3 | Other‑risk khapra beetle goods that are intended for research purposes | The goods: (a) are accompanied by written evidence that the goods are intended for research purposes; and (b) have a value not exceeding the amount prescribed for the purposes of subparagraph 68(1)(f)(iii) of the Customs Act 1901 |
58 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 1 of the table in section 34 in Division 1 are complied with.
Part 3—Application, saving and transitional provisions
59 Saving—lists prepared by the Director of Biosecurity
To avoid doubt, a list prepared by the Director of Biosecurity for the purposes of the Biosecurity (Prohibited and Conditionally Non prohibited Goods) Determination 2016 and in force immediately before the commencement of this instrument has effect, immediately after that commencement, as if it had been made for the purposes of this instrument.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Name | Registration | Commencement | Application, saving and transitional provisions |
Biosecurity (Conditionally Non‑prohibited Goods) Determination 2021 | 19 Mar 2021 (F2021L00258) | 20 Mar 2021 (s 2(1) item 1) |
|
Biosecurity (Conditionally Non‑prohibited Goods) Amendment (Hitchhiker Pests) Determination 2021 | 9 Sept 2021 (F2021L01251) | 10 Sept 2021 (s 2(1) item 1) | — |
Biosecurity (Conditionally Non‑prohibited Goods) Amendment (Test Kits) Determination 2021 | 3 Dec 2021 (F2021L01698) | 4 Dec 2021 (s 2(1) item 1) | — |
Biosecurity (Conditionally Non‑prohibited Goods) Amendment (Khapra Beetle) Determination 2021 | 17 Dec 2021 (F2021L01807) | 24 Dec 2021 (s 2(1) item 1) | — |
Biosecurity (Conditionally Non‑prohibited Goods) Amendment (2022 Measures No. 1) Determination 2022 | 19 Apr 2022 (F2022L00616) | 26 Apr 2022 (s 2(1) item 1) | — |
Biosecurity (Conditionally Non‑prohibited Goods) Amendment (Meat and Meat Products for Personal Use) Determination 2022 | 6 Sept 2022 (F2022L01176) | 7 Sept 2022 (s 2(1) item 1) | — |
Provision affected | How affected |
Part 1 |
|
s 2..................... | rep LA s 48D |
s 4..................... | rep LA s 48C |
s 6..................... | am F2021L01807; F2022L00616 |
Part 2 |
|
Division 1 |
|
s 11.................... | am F2021L01698; F2022L00616 |
s 12.................... | am F2021L01807 |
s 15.................... | am F2022L00616 |
s 16.................... | am F2022L00616 |
s 17.................... | am F2022L00616; F2022L01176 |
s 18.................... | am F2022L00616 |
s 19.................... | am F2022L00616 |
s 20.................... | am F2022L00616 |
s 22.................... | am F2022L00616 |
s 23.................... | am F2022L00616 |
s 24.................... | am F2022L00616 |
s 26.................... | am F2022L00616 |
s 32.................... | am F2022L00616 |
s 33.................... | am F2022L00616 |
s 34.................... | am F2022L00616 |
s 36.................... | am F2022L00616 |
s 37A................... | ad F2022L00616 |
s 39.................... | am F2022L00616 |
s 40.................... | am F2022L00616 |
s 41.................... | am F2022L00616 |
Division 2 |
|
Division 2................ | am F2021L01807 |
s 47.................... | am F2022L00616 |
s 50.................... | am F2022L00616 |
s 52A................... | ad F2022L00616 |
s 53.................... | am F2022L00616 |
s 53A................... | ad F2022L00616 |
s 54A................... | ad F2021L01698 |
Division 3 |
|
s 55.................... | am F2021L01807 |
s 56.................... | am F2021L01251 |
Division 3A |
|
Division 3A............... | ad F2021L01807 |
s 57A................... | ad F2021L01807 |
s 57B................... | ad F2021L01807 |
s 57C................... | ad F2021L01807 |
s 57D................... | ad F2021L01807 |
s 57E................... | ad F2021L01807 |
s 57F................... | ad F2021L01807 |
Schedule 1................ | rep LA s 48C |