Commonwealth Coat of Arms of Australia

 

Biosecurity (Conditionally Nonprohibited Goods) Determination 2021

We, Andrew Edgar Francis Metcalfe AO, Director of Biosecurity, and Professor Paul Kelly, Director of Human Biosecurity, make the following determination.

Dated 15 March 2021

Andrew Edgar Francis Metcalfe AO Professor Paul Kelly

Director of Biosecurity Director of Human Biosecurity

 

 

 

 

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Schedules

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 shelfstable

Part 2—Conditionally nonprohibited 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

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—bioremedial 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

53 Human blood, human tissue and similar goods

54 Hair, teeth or bones from a human’s body

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 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

Schedule 1—Repeals

Biosecurity (Prohibited and Conditionally Nonprohibited Goods) Determination 2016

Part 1Preliminary

 

1  Name

  This instrument is the Biosecurity (Conditionally Non-prohibited Goods) Determination 2021.

2  Commencement

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

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

20 March 2021

Note: This table relates only to the provisions of this instrument as originally made.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

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

3  Authority

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

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

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 nonprohibited goods for the purposes of the Act.

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

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

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

 (3) For the purpose of subsection (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 Nonprohibited Goods—Christmas Island) Determination 2016;

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

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

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

6  Definitions

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

(a) animal;

(b) Australian territory;

(c) goods;

(d) plant.

  In this instrument:

Act means the Biosecurity Act 2015.

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

 (a) blood;

 (b) tissue;

 (c) animal reproductive material;

 (d) skin (whether or not tanned);

 (e) bone;

 (f) hair;

 (g) feathers;

 (h) scales;

 (i) chitin.

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

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

animal tissue does not include:

 (a) a living animal; or

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

 (i) skin;

 (ii) hide;

 (iii) wool;

 (iv) hair;

 (v) bristles;

 (vi) feathers;

 (vii) tusks;

 (viii) teeth;

 (ix) antlers;

 (x) horn;

 (xi) glue pieces;

 (xii) bones.

bee product means a product produced by bees.

biological material means any material originating or derived from an animal, plant, microorganism or microbial source.

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).

fish means an elasmobranch or a teleost.

FMDfree country means a country that the Director of Biosecurity is satisfied is free from footandmouth disease and that is specified in the FMDfree 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.

hermeticallysealed container means a container that is airtight when sealed.

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

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

human tissue does not include:

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

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

import 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 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.

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 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 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 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.

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, bonemeal, meat meal, tallow and fat.

meat product means a product:

 (a) that contains meat; or

 (b) of which meat is an ingredient.

microorganism includes any of the following (whether naturally occurring or synthetically created):

 (a) a singlecelled 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.

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.

shelfstable has the meaning given by section 10.

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.

7  Meaning of covered by

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

8  Meaning of instant use

  Goods for human consumption are for instant use if:

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

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

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

9  Meaning of retorted

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

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

10  Meaning of shelfstable

  Goods are shelfstable if:

 (a) the goods have been commercially manufactured; and

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

 (c) the goods are in that package; and

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

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

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

Part 2Conditionally nonprohibited goods

Division 1Animals, plants, biological material and infectious agents

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 of animal origin (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).

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

Plantbased 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

12  Conditions—general

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 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 meatbased flavouring and eggs. Alternative conditions for bringing or importing noodles into Australian territory are specified in section 20. Alternative conditions for bringing or importing meatbased 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 meatbased 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
Goods

Column 2
Alternative conditions

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) use as a bioremedial agent or fertiliser; 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
Goods

Column 2
Alternative conditions

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 gamma irradiation to a level that achieves a minimum of 50 kGray 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 gamma irradiation to a level that achieves a minimum of 50 kGray

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

13

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

Any of the following:

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

(b) the goods have been cremated;

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

(d) all of the following:

(i) the goods are in a sealed container;

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

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

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

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

(e) if the goods are dead insects (other than bees) 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 health certificate 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 invitro 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 invitro 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) use as a bioremedial agent or fertiliser; 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
Goods

Column 2
Alternative conditions

1

Teleost fish, other than fish of the family Salmonidae or Plecoglossidae

Any of the following:

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

(b) the goods:

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

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

(iii) are brought in as baggage;

(c) the goods:

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

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

2

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

The goods:

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

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

3

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

4

Nonsalmonid finfish or finfish product

The goods:

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

(b) are for personal use

5

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

(a) roe or caviar; or

(b) salmon oil

Either:

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

(b) the goods:

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

(ii) have been commercially prepared and packaged; and

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

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

6

Roe or caviar of the family Salmonidae or Plecoglossidae

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

7

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

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) prawnbased food products

All of the following:

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

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

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

11

Prawnbased food products

The goods are shelfstable

12

Dried prawns, other than crustacean meal

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

13

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) use as bioremedial agents or fertiliser; 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
Goods

Column 2
Alternative conditions

1

Meatbased flavouring product

The goods:

(a) have been commercially manufactured and packaged; and

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

(c) are for personal use

2

Meat or meat products from New Zealand, other than:

(a) pork; or

(b) avian meat

Either:

(a) the goods:

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

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

(b) the goods:

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

(ii) are for personal use

3

Pâté (whether or not egg is included as an ingredient) or foie gras

All of the following:

(a) the goods are shelfstable;

(b) the goods are for personal use;

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

4

Pork crackling or pork rind

The goods:

(a) are shelfstable; and

(b) are for personal use

5

Meat floss

The goods:

(a) have been commercially prepared; and

(b) are for personal use

6

Meat jerky or biltong, other than meat jerky or biltong derived from porcine animals

All of the following:

(a) the goods are shelfstable;

(b) the goods are for personal use;

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

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

7

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 antemortem and postmortem 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 covered by another item in this table

Either:

(a) the goods:

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

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

(iii) are shelfstable; or

(b) the goods:

(i) have been commercially manufactured and packaged; and

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

(iii) are shelfstable; and

(iv) are for personal use

18  Alternative conditions—dairy products

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

 (a) animal consumption; or

 (b) use as bioremedial agents or fertiliser; or

 (c) growing purposes; or

 (d) veterinary therapeutic use.

 (2) For paragraph 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
Goods

Column 2
Alternative conditions

1

Dairy products, other than:

(a) infant formula; or

(b) dairy products intended for use as stockfeed

Any of the following:

(a) the goods:

(i) have been commercially prepared and packaged; and

(ii) were manufactured in an FMDfree country; and

(iii) are for personal use;

(b) the goods:

(i) are shelfstable; and

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

(iii) are for personal use;

(c) if the goods contain one or more packets (for example, a box containing a cake mix)—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 FMDfree 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 FMDfree country; and

(b) are for personal use

5

Dairybased beverages

The goods:

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

(b) are shelfstable; and

(c) are for instant use; and

(d) are for personal use

6

Chocolate

The goods have been commercially prepared and packaged

7

Clarified butter oil or ghee

The goods have been commercially prepared and packaged

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) use as bioremedial agents or fertiliser; 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
Goods

Column 2
Alternative conditions

1

Whole eggs

All of the following:

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

(b) the goods are shelfstable;

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

(d) the goods are for personal use

2

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

Either:

(a) the goods:

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

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

(b) the goods:

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

(ii) are shelfstable; and

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

(iv) are for personal use

3

Egg waffles

The goods:

(a) are shelfstable; and

(b) are for personal use

4

Mooncakes that include egg

The goods:

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

(b) are shelfstable; and

(c) are for personal use

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
Goods

Column 2
Alternative conditions

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 shelfstable; 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 readytobake bread mix;

(c) breakfast cereals

The goods:

(a) have been commercially prepared and packaged; and

(b) are ready for retail sale

4

Soup

The goods:

(a) are shelfstable; and

(b) are for personal use

5

Birds’ nests

The goods:

(a) have been commercially manufactured; and

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

(c) are for personal use

6

Noodles or pasta that contain or include as an ingredient:

(a) eggs or egg products; or

(b) meatbased flavouring products

All of the following:

(a) the goods are shelfstable;

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

(c) the goods are for personal use

7

Snails

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

8

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

The goods:

(a) have been commercially prepared and packaged; and

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

(c) are for personal use

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
Goods

Column 2
Alternative conditions

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) use as bioremedial agents or fertiliser; 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
Goods

Column 2
Alternative conditions

1

The following goods:

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

(b) bee venom;

(c) bee wax;

(d) honeycomb;

(e) propolis;

(f) royal jelly

The goods:

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

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

 (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
Goods

Column 2
Alternative conditions

1

Food for consumption by domestic cats or domestic dogs

All of the following:

(a) the goods:

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

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

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

(c) the goods are shelfstable;

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

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

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

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

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

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

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

2

Rawhide chews 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 gamma irradiation to a level that achieves a minimum of 50 kGray

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

The goods:

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

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

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 gamma irradiation to a level that achieves a minimum of 50 kGray

9

Food for consumption by pet fish in enclosed aquariums or ponds

All of the following:

(a) the goods do not contain materials originating from terrestrial or avian animals, fish of the family Salmonidae, microalgae or macroalgae;

(b) the goods do not contain whole seeds or viable plant materials;

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

(d) the goods are packed in individual containers of not more than 5 kilograms;

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

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

(g) the goods are accompanied by a declaration by the manufacturer of the goods, stating the matters referred to in paragraphs (a), (b) and (c)

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 nonbiological carrier) has been shown to be at least 98%, calculated on a dry weight basis; and

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

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

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

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

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 nonbiological carrier) has been shown to be at least 98%, calculated on a dry weight basis; and

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

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

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

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

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 nonbiological carrier) has been shown to be at least 96%, calculated on a dry weight basis; and

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

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

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

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

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 nonbiological carrier) has been shown to be at least 96%, calculated on a dry weight basis; and

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

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

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

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

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 nonbiological carrier) has been shown to be at least 96%, calculated on a dry weight basis; and

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

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

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

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

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 of animal origin;

(c) the goods are free from extraneous material;

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

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

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

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

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

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

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

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
Goods

Column 2
Alternative conditions

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 of animal origin (other than material of animal origin that is covered by an item in a table 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 of animal origin has been added (other than material of animal origin that is covered by an item in a table 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
Goods

Column 2
Alternative conditions

1

Live Orchidaceae (orchid) plant imported as tissue cultures

The goods:

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

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

(c) are brought in as baggage

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) use as a bioremedial agent or fertiliser; 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
Goods

Column 2
Alternative conditions

1

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

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

2

Herbarium specimens, including of the following:

(a) vascular plants;

(b) nonvascular 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 microorganisms; 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 freezedried; or

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

7

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

The goods:

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

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

8

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

The goods are free from fruit pulp and parchment

9

Herbal tea in tea bags or capsules

All of the following:

(a) the goods have been dried;

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

(c) 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
Goods

Column 2
Alternative conditions

1

The following nuts:

(a) peanuts (Arachis hypogaea);

(b) pine nuts (Pinus spp.)

The goods:

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

(b) either:

(i) are for personal use; or

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

2

Chestnuts (Castanea spp.) grown in New Zealand

The goods:

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

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

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

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

3

Chestnuts (Castanea spp.) grown in Australian territory

All of the following:

(a) were grown in Australian territory;

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

(i) processed; and

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

(iii) packaged;

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

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

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

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
Goods

Column 2
Alternative conditions

1

Any of the following:

(a) grain;

(b) cereals;

(c) legumes and pulses, other than peanuts;

(d) oil seeds

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

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
Goods

Column 2
Alternative conditions

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 methylbromide 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 pestproof 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 methylbromide; 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 pestproof 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
Goods

Column 2
Alternative conditions

1

Packaging for live plants including:

(a) buckwheat hulls (Fagopyrum esculentum);

(b) cardboard;

(c) cellulose wadding;

(d) charcoal;

(e) damp paper;

(f) granulated cork;

(g) perlite;

(h) peat moss;

(i) plastic foam;

(j) sawdust;

(k) shredded clean paper;

(l) synthetic material;

(m) wood shavings;

(n) wood wool;

(o) vermiculate;

(p) sphagnum pulp

The goods are clean and new

2

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

The goods are clean and new

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
Goods

Column 2
Alternative conditions

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 FMDfree country

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

2

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

(a) was not grown, processed or packaged in an FMDfree 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 FMDfree 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 footandmouth disease in the period of 12 months before the goods left the exporting country; or

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

4

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

(a) bales;

(b) blocks;

(c) bricks;

(d) briquettes

The goods are accompanied by a 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
Goods

Column 2
Alternative conditions

1

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

(a) fruit;

(b) vegetables;

(c) leaves;

(d) herbs;

(e) fungi

The goods:

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

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

2

Unprocessed fresh fruit, vegetables, fungi, leaves or herbs

The goods:

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

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

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

3

Species of mushrooms or truffles that:

(a) were grown in New Zealand; and

(b) are not for use for medicinal purposes

The goods:

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

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

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

(i) the botanical name of the goods;

(ii) the country where the goods were grown;

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

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

(v) information describing the packaging used for the goods

4

Species of mushrooms or truffles that:

(a) were not grown in New Zealand; and

(b) are not for use for medicinal purposes

The goods:

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

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

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

(i) the botanical name of the goods;

(ii) the country where the goods were grown;

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

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

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

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

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

5

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

The goods:

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

(b) have been dried; and

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

6

Species of mushrooms or fungi that are for use for medicinal purposes, other than goods covered by item 7

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

Semiprocessed onions or shallot bulbs

The goods:

(a) were grown and produced in China; and

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

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

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

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

(ii) were grown and produced in China

9

Semiprocessed pineapples

The goods:

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

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

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

10

Semiprocessed garlic

The goods:

(a) were grown and produced in China; and

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

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

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

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
Goods

Column 2
Alternative conditions

1

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

The goods:

(a) are listed permitted seeds; and

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

(c) are not a genetically modified organism

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
Goods

Column 2
Alternative conditions

1

Timber and timber products, other than goods covered by another item in this table

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) use as a bioremedial agent or fertiliser

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) invitro laboratory work;

 (d) invivo 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) use as bioremedial agents or fertiliser; 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

Almondbased 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

Hazelnutbased beverages

20

Instant coffee extracts

21

Isolated soybean protein

22

Isotopes

23

Lye water

24

Maize starch and maize starch powder

25

Maltodextrin

26

Maple syrup

27

Molasses

28

Monosodium glutamate

29

Multigrainbased beverages

30

Neem oil

31

Oatbased beverages

32

Organic acids

33

Papain

34

Paraffin

35

Pectin

36

Pine tar

37

Plant alcohols

38

Plant colours

39

Plant essences

40

Plant extracts

41

Plant flavours

42

Plant oils

43

Plant waxes

44

Plant derived lecithin

45

Pure agar

46

Resins

47

Rutin

48

Saline

49

Shellac

50

Soy milk

51

Soybean protein isolate

52

Squalene

53

Starches

54

Sugars

55

Sulfur compounds

56

Sweeteners

57

Tannin

58

Tomato powder

59

Varnishes

60

Vietnamese lacquer

61

Vinegars

62

Vitamins

63

Wood flour

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.

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

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

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

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

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

Note: Division 2 applies to chemical 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, invitro 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, invitro 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 salmon oil)

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
Goods

Column 2
Alternative conditions

1

Gelatine intended for:

(a) human consumption; or

(b) human therapeutic use; or

(c) invitro purposes; or

(d) invivo 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—bioremedial products

  For paragraph 12(1)(b), the following table specifies alternative conditions for bringing or importing bioremedial products into Australian territory.

 

Alternative conditions—bioremedial products

Item

Column 1
Goods

Column 2
Alternative conditions

1

Bioremedial products

The goods:

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

(i) alcohols;

(ii) citric acid;

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

(iv) lactic acid;

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

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

(vii) purified vitamins;

(viii) xanthan gum; and

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

(c) are packed in clean and new packaging

Division 2Other goods

Note: 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.

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.

43  Soil

Classes of goods to which this section applies

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

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

 (b) goods containing soil.

Conditions

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

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

 (b) the goods 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 invitro purposes;

 (iii) the goods must not be used for isolation of infectious agents.

44  Water

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 invitro 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
Goods

Column 2
Alternative conditions

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 undergone treatment through the application of either gamma irradiation to a minimum of 50 kGray 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 governmentendorsed 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.

48  Tyres

Classes of goods to which this section applies

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

 (a) used tyres on rims;

 (b) used tyres off rims;

 (c) commercially retreaded tyres.

Conditions—used tyres on rims

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

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

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

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

Conditions—used tyres off rims

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

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

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

Conditions—commercially retreaded tyres

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

49  Used machinery and equipment (other than certain beekeeping equipment, veterinary equipment or equipment that has come into contact with horses)

Classes of goods to which this section applies

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

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

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

 (c) used grainmilling machinery;

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

 (e) food processing equipment.

Exceptions

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

 (a) used beekeeping equipment;

 (b) used veterinary equipment;

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

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

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

 (ii) a description of each piece of equipment;

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

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.

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;

 (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.

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.

Division 3Additional 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 or 2.

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

 (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 4Goods 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

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 3Application, 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.

Schedule 1Repeals

 

Biosecurity (Prohibited and Conditionally Nonprohibited Goods) Determination 2016

1  The whole of the instrument

Repeal the instrument.