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Determinations/Other as amended, taking into account amendments up to Biosecurity Legislation (Prohibited and Conditionally Non-prohibited Goods) Amendment (Hitchhiker Pests and Other Measures) Determination 2018
Administered by: Agriculture, Water and the Environment
Registered 12 Mar 2019
Start Date 01 Mar 2019

Commonwealth Coat of Arms of Australia

Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Christmas Island) Determination 2016

made under subsection 174(1) of the

Biosecurity Act 2015

Compilation No. 7

Compilation date:                              1 March 2019

Includes amendments up to:            F2018L01180

Registered:                                         12 March 2019

 

 

 

 

 

 

 

 

 

This compilation includes commenced amendments made by F2018L01033

About this compilation

This compilation

This is a compilation of the Biosecurity (Prohibited and Conditionally Non-prohibited Goods—Christmas Island) Determination 2016 that shows the text of the law as amended and in force on 1 March 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Purpose and application of this instrument.................................................................... 1

5............ Definitions..................................................................................................................... 1

Part 2—Conditionally non‑prohibited goods                                                                                  3

Division 1—Animals, plants, biological material and infectious agents                       3

6............ Classes of goods to which this Division applies........................................................... 3

7............ Conditions—general...................................................................................................... 5

8............ Alternative conditions—dead animals, animal parts and related goods.......................... 7

9............ Alternative conditions—dead crabs, crab meat and crab products............................... 11

10.......... Alternative conditions—meat and meat products......................................................... 11

11.......... Alternative conditions—eggs and egg products.......................................................... 12

12.......... Alternative conditions—miscellaneous goods for human consumption...................... 13

13.......... Alternative conditions—honey and bee products........................................................ 14

14.......... Alternative conditions—foods and supplements for animals....................................... 14

15.......... Alternative conditions—cosmetics and related goods.................................................. 21

16.......... Alternative conditions—live plants for use as nursery stock....................................... 21

17.......... Alternative conditions—miscellaneous plant materials and plant products.................. 21

18.......... Alternative conditions—nuts for human consumption................................................ 26

19.......... Alternative conditions—cereals, grains, legumes, pulses and oil seeds for human consumption             27

20.......... Alternative conditions—fresh cut flowers and foliage for decorative purposes........... 28

21.......... Alternative conditions—packaging.............................................................................. 28

22.......... Alternative conditions—fertilisers, soil conditioners and growing media of plant origin 29

23.......... Alternative conditions—produce for human consumption.......................................... 31

24.......... Alternative conditions—seeds..................................................................................... 33

25.......... Alternative conditions—timber and timber products................................................... 34

26.......... Alternative conditions—starter cultures....................................................................... 35

27.......... Alternative conditions—highly refined organic chemicals and substances for certain purposes               38

28.......... Alternative conditions—biological material intended for human therapeutic use or veterinary therapeutic use         40

29.......... Alternative conditions—fertilisers, soil conditioners, soil growth supplements and growing media made of animal material, plant material or biological material............................................................... 41

30.......... Alternative conditions—certain biological material intended for certain purposes....... 42

30A....... Alternative conditions—gelatine and its derivatives intended for certain purposes...... 44

31.......... Alternative conditions—bioremedial products............................................................. 45

Division 2—Other goods                                                                                                                     47

32.......... Soil.............................................................................................................................. 47

33.......... Water........................................................................................................................... 47

34.......... Chemical or mined fertilisers, soil conditioners and soil growth supplements............. 48

35.......... Used beehives and used beekeeping equipment.......................................................... 49

35A....... Equipment that has directly or indirectly come into contact with horses...................... 50

36.......... Tyres........................................................................................................................... 50

37.......... Used machinery and equipment (other than certain beekeeping equipment, veterinary equipment or equipment that has come into contact with horses).................................................................................... 51

38.......... Used veterinary equipment other than from New Zealand or Australian territory (other than Norfolk Island)         52

39.......... Used clothes and cloth rags in commercial consignments........................................... 52

40.......... Mineral and metal ores, rocks and sand....................................................................... 53

41.......... Human blood, human tissue and similar goods........................................................... 53

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

Division 3—Additional conditions relating to hitchhiker pests                                       55

43.......... Goods posing hitchhiker pest biosecurity risks........................................................... 55

Endnotes                                                                                                                                                               56

Endnote 1—About the endnotes                                                                                                      56

Endnote 2—Abbreviation key                                                                                                          57

Endnote 3—Legislation history                                                                                                       58

Endnote 4—Amendment history                                                                                                     59

 


Part 1Preliminary

  

1  Name

                   This is the Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Christmas Island) Determination 2016.

3  Authority

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

4  Purpose and application of this instrument

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

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

             (2)  This instrument applies in relation to goods that are, or are intended to be, brought or imported into Christmas Island, whether or not the goods are, or are intended to be, brought or imported from outside Australian territory or from another part of Australian territory.

Note 1:       Section 174 of the Act applies in relation to the movement of goods to Christmas Island from another part of Australian territory. See items 1 and 6 of the table in section 5 of the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 (made under subsection 618(2) of the Act) and sections 619 and 620 of the Act.

Note 2:       A reference to Australian territory includes Norfolk Island on and after 1 July 2016.

Note 3:       The Biosecurity (Prohibited and Conditionally Non‑prohibited Goods) Determination 2016 deals with goods that are, or are intended to be, brought or imported into a part of Australian territory other than Christmas Island, Cocos (Keeling) Islands or Norfolk Island.

Note 4:       The Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Cocos (Keeling) Islands) Determination 2016 deals with goods that are, or are intended to be, brought or imported into Cocos (Keeling) Islands.

Note 5:       The Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Norfolk Island) Determination 2016 deals with goods that are, or are intended to be, brought or imported into Norfolk Island on or after 1 July 2016.

Note 6:       The Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Torres Strait) Determination 2016 deals with goods that are, or are intended to be, moved from the protected zone area, or the Torres Strait permanent biosecurity monitoring zone, to another part of Australian territory.

5  Definitions

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

(a)    animal;

(b)    Australian territory;

(c)    goods;

(d)    plant.

             (1)  In this instrument:

Act means the Biosecurity Act 2015.

listed fresh cut flowers or foliage (Christmas Island and Cocos (Keeling) Islands) means fresh cut flowers or foliage (or a part of a flower or foliage) of a species that is listed in the List of Species of Fresh Cut Flowers and Foliage with Alternative Conditions for Import (Christmas Island and Cocos (Keeling) Islands) 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 Fresh Cut Flowers and Foliage with Alternative Conditions for Import (Christmas Island and Cocos (Keeling) Islands) if the Director of Biosecurity is satisfied that the level of biosecurity risk associated with fresh cut flowers or foliage (or a part of a flower or foliage) of that species can be managed to an acceptable level.

             (2)  A word or phrase that is used in this instrument and in the Biosecurity (Prohibited and Conditionally Non‑prohibited Goods) Determination 2016 has the same meaning in this instrument as it has in that instrument.

Note:          The following expressions are defined in the Biosecurity (Prohibited and Conditionally Non‑prohibited Goods) Determination 2016:

(a)    animal part;

(b)    animal tissue;

(c)    dairy product;

(d)    egg;

(e)    egg product;

(f)    import permit;

(fa)   infectious agent;

(g)    meat;

(h)    meat product;

(ha)  microorganism;

(i)     shelf‑stable;

(j)     viable.

Part 2Conditionally non‑prohibited goods

Division 1Animals, plants, biological material and infectious agents

6  Classes of goods to which this Division applies

Classes of goods to which this Division applies

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

                     (a)  animals;

                     (b)  plants;

                     (c)  biological material;

                     (d)  infectious agents;

                     (e)  fungi;

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

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

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

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

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

Note 3:       Biological material and infectious agent are defined in section 5 of the Biosecurity (Prohibited and Conditionally Non‑prohibited Goods) Determination 2016.

Exceptions

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

                     (a)  dairy products;

                     (b)  cooked biscuits, cooked breads, cooked cakes or cooked pastries;

                     (c)  goods (other than crabs) 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 Christmas Island;

                     (d)  dead fish, crustaceans and related goods (other than dead crabs, crab meat and crab products);

                      (f)  rawhide chews for consumption by domestic cats or domestic dogs;

                      (i)  biological additives in unused blood collection tubes;

                      (j)  a dye or colouring agent of animal origin (other than carminic acid in relation to which alternative conditions are specified in section 30) that is used on, or is an ingredient of, goods included in a class of goods to which this Division applies;

                     (k)  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);

                      (l)  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)(l).

 

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

8A

Dried apricot kernels (Prunus armeniaca)

9

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

10

Brazil nuts or kernels (Bertholletia excelsa) for human consumption

11

Candle nuts or kernels (Aleurites moluccana) for human consumption

12

Cashew nuts or kernels (Anacardium occidentale) for human consumption

13

Hazelnuts or kernels (Corylus spp.) for human consumption

14

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

15

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

16

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

17

Pecan nuts or kernels (Carya illinoensis) for human consumption

18

Pili nuts or kernels (Canarium commune) for human consumption

19

Pistacia nuts or kernels (Pistacia vera) for human consumption

20

Walnuts or kernels (Juglans spp.) for human consumption

21

Charoli nuts or kernels (Buchanania lanzan) for human consumption

22

Plant‑based fabrics, textiles and yarns

23

Paper and cardboard

24

Processed black and green tea (Camellia sinensis) leaves for human consumption

25

Potpourri

26

Cork

27

Reconstituted wood

7  Conditions—general

General rule

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

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

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

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.

             (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 Christmas Island 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 Christmas Island unless they are covered by an import permit.

Example:    A person wishes to bring or import into Christmas Island goods (the relevant goods) containing avian meat from New Zealand and honey. Avian meat from New Zealand must not be brought or imported into Christmas Island unless it is covered by an import permit. Therefore, the relevant goods must not be brought or imported into Christmas Island unless they are covered by an import permit. The alternative conditions specified for any quantity of honey in section 13 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 Christmas Island are specified in another provision in this Division; and

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

the relevant goods must not be brought or imported into Christmas Island 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 Christmas Island noodles that contain meat‑based flavouring and eggs. Alternative conditions for bringing or importing noodles into Christmas Island are specified in section 12. Alternative conditions for bringing or importing meat‑based flavouring products and eggs into Christmas Island are specified in sections 10 and 11. The noodles may be brought or imported into Christmas Island if the noodles are covered by an import permit or:

(a)    the alternative conditions for noodles in section 12 are complied with; or

(b)    the alternative conditions for meat‑based flavouring products and eggs in sections 10 and 11 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 Christmas Island 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 Christmas Island 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 Christmas Island goods (the relevant goods) that are made of crab meat and eggs. Alternative conditions for bringing or importing crab meat into Christmas Island are specified in section 9. Alternative conditions for bringing or importing eggs into Christmas Island are specified in section 11. The relevant goods may be brought or imported into Christmas Island if the goods are covered by an import permit or:

(a)    the alternative conditions for crab meat in section 9 are complied with; and

(b)    the alternative conditions for the eggs in section 11 are complied with.

8  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 7(1)(b), the following table specifies alternative conditions for bringing or importing certain dead animals, animal parts and related goods into Christmas Island.

 

Alternative conditions—dead animals, animal parts and related goods

Item

Column 1
Goods

Column 2
Alternative conditions

1

Animal (including fish) skins and hides

The goods are preserved or tanned

1A

Goods made with rawhide

Any of the following:

(a) not more than 10 of the same kind of goods are brought or imported into Christmas Island 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)

2

Animal bristles or hair, other than wool or fibre from sheep, goats or camelids

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

3

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

3A

Catgut strings derived from animal intestines for use in musical instruments or sporting equipment

The goods do not require refrigeration or any further processing

3B

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)

4

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

5

Eggshells or eggshell ornaments

The goods are clean and free of adhering materials

6

Kopi luwak

The goods:

(a) are completely embedded in resin; and

(b) are intended for display only

7

Fishing flies

The goods are clean and free of animal tissue

8

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

9

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

Any of the following:

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

(b) the goods have been cremated;

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

(d) all of the following:

(i) the goods are in a sealed container;

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

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

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

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

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

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

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

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

10

Casein glue or gelatine glue

The goods have been commercially prepared for industrial, commercial or hobby purposes

11

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)

12

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)

13

Animal trophies, artefacts or handicraft items

All of the following:

(a) the goods are more than 5 years old;

(b) the goods are preserved so that they do not require refrigeration;

(c) the goods are intended only for in‑vitro use or display by a museum or scientific institute, or in a public exhibition;

(d) the goods, and any derivatives of the goods, must not come into contact with any animal;

(e) the goods must not be used for isolation of microorganisms or infectious agents;

(f) the goods are accompanied by a declaration from the manufacturer or supplier of the goods, stating the matters referred to in paragraphs (a) and (b);

(g) the goods are accompanied by a declaration from the person bringing in or importing the goods stating all of the following:

(i) the goods are intended only for in‑vitro use or display by a museum or scientific institute, or in a public exhibition;

(ii) the goods, and any derivatives of the goods, will not come into contact with any animal;

(iii) the goods will not be used for isolation of microorganisms or infectious agents

14

Bones, horns, antlers, tusks or teeth

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

15

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

9  Alternative conditions—dead crabs, crab meat and crab products

             (1)  This section does not apply to dead crabs, crab meat or crab 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 7(1)(b), the following table specifies alternative conditions for bringing or importing dead crabs, crab meat or crab products into Christmas Island.

 

Alternative conditions—dead crabs, crab meat and crab products

Item

Column 1
Goods

Column 2
Alternative conditions

1

Dead crabs, crab meat or crab products

The goods have been cooked throughout

10  Alternative conditions—meat and meat products

             (1)  This section does not apply to meat and 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 7(1)(b), the following table specifies alternative conditions for bringing or importing meat and meat products into Christmas Island.

 

Alternative conditions—meat and meat products

Item

Column 1
Goods

Column 2
Alternative conditions

1

Any meat or meat products

Either:

(a) the goods are brought or imported from a part of Australian territory (other than Norfolk Island); or

(b) the goods have been cooked throughout

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 and the name and address of the place of production, and as a product of New Zealand; or

(b) the goods:

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

(ii) are for personal use

11  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 7(1)(b), the following table specifies alternative conditions for bringing or importing eggs and egg products into Christmas Island.

 

Alternative conditions—eggs and egg products

Item

Column 1
Goods

Column 2
Alternative conditions

1

Eggs or egg products

The goods:

(a) are brought or imported from a part of Australian territory (other than Norfolk Island); or

(b) have been cooked throughout

12  Alternative conditions—miscellaneous goods for human consumption

                   For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing miscellaneous goods for human consumption into Christmas Island.

 

Alternative conditions—miscellaneous goods for human consumption

Item

Column 1
Goods

Column 2
Alternative conditions

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

3

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

(a) muesli bars;

(b) uncooked ready‑to‑bake bread mix;

(c) breakfast cereals

The goods:

(a) have been commercially prepared and packaged; and

(b) are ready for retail sale

4

Soup

The goods:

(a) are brought or imported from a part of Australian territory (other than Norfolk Island); or

(b) are shelf‑stable

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

6

Noodles or pasta that contain or include as an ingredient:

(a) eggs or egg products; or

(b) meat‑based flavouring products

Either:

(a) the goods are brought or imported from a part of Australian territory (other than Norfolk Island); or

(b) the goods:

(i) are shelf‑stable; and

(ii) if the goods contain meat, meat‑based flavouring products or discernible pieces of egg—are for instant 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)

Either:

(a) the goods are brought or imported from a part of Australian territory (other than Norfolk Island); or

(b) the goods:

(i) have been commercially prepared and packaged; and

(ii) have been manufactured in an FMD‑free country

9

Animal products for human consumption that were exported from a part of Australian territory (other than Norfolk Island) but did not clear customs or quarantine in another country

All of the following:

(a) the goods were commercially manufactured in a part of Australian territory (other than Norfolk Island);

(b) the goods were packaged in a part of Australian territory (other than Norfolk Island) by the manufacturer;

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

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

13  Alternative conditions—honey and bee products

                   For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing honey and certain bee products into Christmas Island.

 

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

14  Alternative conditions—foods and supplements for animals

                   For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing foods and supplements for animals into Christmas Island.

 

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

The goods are brought or imported from a part of Australian territory (other than Norfolk Island), or:

(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 a part of Australia or New Zealand only, and the goods were manufactured in, and exported from, New Zealand; and

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

(c) the goods are shelf‑stable; and

(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; and

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

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

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

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

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

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

2

Birdseed

The goods are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island)

3

Cuttlefish bone

Either:

(a) the goods:

(i) are cuttlefish bone only; and

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

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

(i) those ingredients; and

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

3A

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

4

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

5

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

All of the following:

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

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

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

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

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

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

(v) the goods are not on a grain or animal‑based carrier; and

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

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

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

6

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

All of the following:

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

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

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

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

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

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

(v) the goods are not on a grain or animal‑based carrier; and

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

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

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

7

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

All of the following:

(a) the goods are free from extraneous material;

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

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

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

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

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

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

(v) the goods are not on a grain or animal‑based carrier; and

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

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

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

8

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

All of the following:

(a) the goods are free from extraneous material;

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

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

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

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

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

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

(v) the goods are not on a grain or animal‑based carrier; and

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

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

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

9

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

All of the following:

(a) the goods are free from extraneous material;

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

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

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

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

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

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

(v) the goods are not on a grain or animal‑based carrier; and

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

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

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

10

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 animal‑based carrier; and

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

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

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

11

Food or supplements for animals, other than food or supplements for animals covered by another item in this table

All of the following:

(a) the goods are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island);

(b) if the goods contain material of animal or microbial origin—that material:

(i) was derived from animals or microbes in Australian territory (other than Cocos (Keeling) Islands or Norfolk Island); or

(ii) was brought or imported into Australian territory (other than Cocos (Keeling) Islands or Norfolk Island) and was not brought in or imported in contravention of the Act;

(c) if the goods contain material of plant origin:

(i) the goods have been made into pellets; or

(ii) the material is not viable and does not include whole seeds;

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

(e) the goods are ready for retail sale;

(f) the goods are presented to a biosecurity officer for inspection on arrival at a landing place or port in Christmas Island

15  Alternative conditions—cosmetics and related goods

                   For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing cosmetics and related goods into Christmas Island.

 

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)

16  Alternative conditions—live plants for use as nursery stock

                   For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing live plants for use as nursery stock into Christmas Island.

 

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 non‑animal‑based medium in a closed rigid and transparent container; and

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

(c) are brought in as baggage

17  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 7(1)(b), the following table specifies alternative conditions for bringing or importing miscellaneous plant materials and plant products into Christmas Island.

 

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) non‑vascular plants and fungi (including algae, lichens, mosses, liverworts and hornworts)

The goods:

(a) are in clean and new packaging; and

(b) are clearly labelled, and identifiable, as herbarium specimens; and

(c) are intended to be formally incorporated into a reference collection, or housed temporarily (on loan) for research, at one or more herbariums listed in the Index Herbariorum; and

(d) are to be treated immediately when received by the first herbarium to which they are delivered, and before the inner wrappings are opened, at minus 18°C for 7 consecutive days; and

either:

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

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

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

(iii) that the specimens were free from live insects and excess soil at the time of packaging, and are not known to be infected with pathogenic micro‑organisms; or

(f) the goods are delivered directly to a herbarium covered by an approved arrangement that provides for the containment of herbarium specimens

3

Unprocessed straw articles or products

The goods:

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

(b) are accompanied by evidence:

(i) stating the botanical name (including genus and species) of the goods; and

(ii) showing that the goods are of plant origin only

4

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

Both of the following:

(a) the goods:

(i) are purified plant DNA or RNA; and

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

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

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

5

Dried Tillandsia spp.

The goods:

(a) are for personal use; and

(b) are brought in as baggage

6

Dried or preserved cut flowers or foliage

Both of the following:

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

(b) the goods:

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

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

7

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

The goods:

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

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

8

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

The goods are free from fruit pulp and parchment

9

Herbal tea in tea bags or capsules

The goods are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island), or:

(a) the goods have been dried; and

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

(e) 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

The goods are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island), or:

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

(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; and

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

(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 are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island), or the goods:

(a) were grown and produced in a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island) or 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

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

18  Alternative conditions—nuts for human consumption

                   For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing nuts for human consumption into Christmas Island.

 

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.)

Either:

(a) the goods are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island); or

(b) the goods:

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

(ii) are for personal use, or 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) the goods were grown in Australian territory;

(b) before being brought or imported into Christmas Island, 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

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

                   For paragraph 7(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 Christmas Island.

 

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

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

                   For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing fresh cut flowers and foliage for decorative purposes into Christmas Island.

 

Alternative conditions—fresh cut flowers and foliage for decorative purposes

Item

Column 1
Goods

Column 2
Alternative conditions

1

Fresh cut flowers and foliage

The goods:

(a) are brought or imported from a part of Australian territory; or

(b) are listed fresh cut flowers or foliage (Christmas Island and Cocos (Keeling) Islands), and:

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

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

2

Lilium spp. cut flowers

The goods:

(a) were grown and produced in Taiwan; and

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

(c) are accompanied by:

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

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

21  Alternative conditions—packaging

                   For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing packaging into Christmas Island.

 

Alternative conditions—packaging

Item

Column 1
Goods

Column 2
Alternative conditions

1

Packaging for live plants including the following:

(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

22  Alternative conditions—fertilisers, soil conditioners and growing media of plant origin

                   For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing fertilisers, soil conditioners and growing media of plant origin into Christmas Island.

 

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 FMD‑free country

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

2

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

(a) was not grown, processed or packaged in an FMD‑free country; and

(b) is in a quantity of less than 10 kilograms

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

3

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

(a) was not grown, processed or packaged in an FMD‑free country; and

(b) is in a quantity of 10 kilograms or more

The goods are accompanied by:

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

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

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

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

4

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

(a) bales;

(b) blocks;

(c) bricks;

(d) briquettes

Either:

(a) the goods:

(i) are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island); and

(ii) are free from animals, fresh or viable plant material, animal material, soil, mud and clay; or

(b) all of the following:

(i) 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;

 (iii) the phytosanitary certificate includes a declaration stating that there is no visible contamination from animal material on the goods, or the goods are accompanied by an official government certificate stating that there is no visible contamination from animal material on the goods

23  Alternative conditions—produce for human consumption

                   For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing produce for human consumption into Christmas Island.

 

Alternative conditions—produce for human consumption

Item

Column 1
Goods

Column 2
Alternative conditions

1

The following goods:

(a) fruit;

(b) vegetables;

(c) leaves;

(d) herbs;

(e) fungi

The goods:

(a) are not intended to be used for propagation; and

(b) are clean and free from diseases and pests

2

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

3

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

4

Species of mushrooms or truffles that are not for use 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

4A

Species of mushrooms or fungi that are for use for medicinal purposes other than goods covered by item 4B

 

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) have been treated 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

4B

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

5

Species of mushrooms or truffles, other than:

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

(b) listed mushrooms or truffles (frozen); or

(c) listed medicinal mushrooms

The goods:

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

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

24  Alternative conditions—seeds

                   For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing seeds into Christmas Island.

 

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) either:

(i) are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island); or

(ii) 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) either:

(i) are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island); or

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

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

(c) are not a genetically modified organism; and

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

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

3

Arecaceae (palm) species for sowing

The goods:

(a) either:

(i) are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island); or

(ii) 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

25  Alternative conditions—timber and timber products

                   For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing timber and timber products into Christmas Island.

 

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

3

Charcoal of plant origin, other than charcoal intended for:

(a) animal consumption; or

(b) veterinary therapeutic use; or

(c) fertiliser; or

(d) aquaculture

Either:

(a) the goods are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island); or

(b) both of the following:

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

(ii) the goods have been commercially packaged in clean and new packaging

4

Wood pellets, briquettes or agglomerated logs of plant origin

Either:

(a) the goods are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island); or

(b) the goods:

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

(ii) 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

5

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

7

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

8

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

26  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 7(1)(b), alternative conditions for bringing or importing the goods into Christmas Island are that the goods are intended for any of the following purposes:

                     (a)  use in human food or beverages;

                     (b)  cosmetic use;

                     (c)  in‑vitro laboratory work;

                     (d)  in‑vivo work in laboratory organisms;

                     (e)  human therapeutic use.

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

 

Starter cultures

Item

Starter cultures

1

Acetobacter spp.

1A

Aspergillus brasiliensis

2

Aspergillus niger

3

Aspergillus oryzae

4

Bacillus acidopullulyticus

5

Bacillus amyloliquefaciens

6

Bacillus coagulans

7

Bacillus halodurans

8

Bacillus licheniformis

9

Bacillus subtilis

10

Baker’s yeast

11

Bifidobacterium spp.

12

Brevibacterium linens

13

Brewer’s yeast

14

Candida spp.

15

Chaetomium gracile

16

Citeromyces spp.

17

Clavispora spp.

18

Debaryomyces spp.

19

Dekkera spp.

20

Enterococcus durans

21

Enterococcus faecalis

22

Enterococcus faecium

23

Geotrichum candidum

24

Hansenula spp.

25

Hasegawaea spp.

26

Humicola insolens

27

Hyphopichia spp.

28

Issatchenkia spp.

29

Kluyveromyces spp.

30

Lactic acid bacteria

31

Lactobacillus spp.

32

Lactococcus spp.

33

Leuconostoc spp.

34

Monascus spp.

35

Pediococcus pentosaceus

36

Penicillium camemberti (also known as Penicillium camembertii and Penicillium candidum)

37

Penicillium funiculosum

38

Penicillium roqueforti (also known as Penicillium roquefortii)

39

Phaffia spp.

40

Pichia spp.

41

Propionibacterium spp.

42

Rhizopus spp.

43

Saccharomyces spp.

44

Schizosaccharomyces spp.

45

Schwanniomyces spp.

46

Staphylococcus carnosus

47

Staphylococcus xylosus

48

Streptococcus cremoris

49

Streptococcus diacetilactis

50

Streptococcus durans

51

Streptococcus faecalis

52

Streptococcus lactis

53

Streptococcus salivarius

54

Streptococcus thermophilus

55

Streptomyces olivaceus

56

Streptomyces olivochromogenes

57

Streptomyces mobaraensis (formerly Streptoverticillium mobaraensis)

58

Streptomyces murinus

59

Streptomyces rubiginosus

60

Streptomyces violaceoruber

61

Talaromyces emersonii (formerly Penicillium ermersonii)

62

Torulaspora spp.

63

Torulopsis spp.

64

Trichoderma harzianum

65

Trichoderma reesei (formerly Trichoderma longibrachiatum)

66

Trichoderma viride

67

Wine culture

68

Yoghurt/Kefir culture

69

Zygoascus spp.

70

Zygosaccharomyces spp.

27  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 7(1)(b), alternative conditions for bringing or importing the goods into Christmas Island are:

                     (a)  the goods are not intended for:

                              (i)  animal consumption; or

                             (ii)  use as bioremedial agents or fertiliser; or

                            (iv)  veterinary therapeutic use; and

                     (b)  the goods are highly processed; and

                     (c)  the goods are purified substances.

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

 

Highly refined organic chemicals and substances

Item

Highly refined organic chemicals and substances

1

Acetone

2

Almond‑based beverages

3

Amino acids (other than those derived from neural material)

4

Arabic gum

5

Betaine

6

Bromelain

7

Cellulose, including wood cellulose

8

Coconut water

9

Creatine

10

Dextrose

11

Dyes

12

Enzymes (other than enzymes derived from animals or microbial fermentation)

13

Esters

14

Frustose

15

Gamma oryzanol

16

Glucose

17

Gluten

18

Gum products

19

Hazelnut‑based beverages

20

Instant coffee extracts

21

Isolated soybean protein

22

Isotopes

23

Lye water

24

Maize starch and maize starch powder

25

Maltodextrin

26

Maple syrup

27

Molasses

28

Monosodium glutamate

29

Multigrain‑based beverages

30

Neem oil

31

Oat‑based beverages

32

Organic acids

33

Papain

34

Paraffin

35

Pectin

36

Pine tar

37

Plant alcohols

38

Plant colours

39

Plant essences

40

Plant extracts

41

Plant flavours

42

Plant oils

43

Plant waxes

44

Plant derived lecithin

45

Pure agar

46

Resins

47

Rutin

48

Saline

49

Shellac

50

Soy milk

51

Soybean protein isolate

52

Squalene

53

Starches

54

Sugars

55

Sulfur compounds

56

Sweeteners

57

Tannin

58

Tomato powder

59

Varnishes

60

Vietnamese lacquer

61

Vinegars

62

Vitamins

63

Wood flour

28  Alternative conditions—biological material intended for human therapeutic use or veterinary therapeutic use

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

Biological material for human therapeutic use—personal administration

             (2)  For paragraph 7(1)(b), alternative conditions for bringing or importing the goods into Christmas Island 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.

Biological material for human therapeutic use—administration by health practitioner

             (3)  For paragraph 7(1)(b), alternative conditions for bringing or importing the goods into Christmas Island are:

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

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

                     (c)  the goods are intended to be administered by a medical practitioner or another kind of professional health practitioner.

Biological material for veterinary therapeutic use

             (4)  For paragraph 7(1)(b), alternative conditions for bringing or importing the goods into Christmas Island are:

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

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

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

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

                   For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing fertilisers, soil conditioners, soil growth supplements and growing media made of animal material, plant material or biological material into Christmas Island.

 

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

Item

Column 1
Goods

Column 2
Alternative conditions

1

Fertilisers, soil conditioners and supplements that are intended for use to promote growth in soil

Both of the following:

(a) the only biological materials used to make the goods are one or more of the following:

(i) alcohols;

(ii) citric acid;

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

(iv) lactic acid;

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

(vi) purified vitamins;

(vii) xanthan gum;

(b) the goods are presented to a biosecurity officer for inspection on arrival at a landing place or port in Christmas Island

2

Fertilisers, soil conditioners and supplements that:

(a) are intended for use to promote growth in soil; and

(b) do not contain materials derived from terrestrial animals, avian animals or microbes

All of the following:

(a) the goods are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island);

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

(c) the goods are ready for retail sale;

(d) the goods are free from soil;

(e) if the goods contain plant material—that material has been processed so that it is not viable (for example, the plant material is plant or seaweed extract);

(f) the goods are accompanied by documentation stating the ingredients contained in the goods;

(g) the goods are presented to a biosecurity officer for inspection on arrival at a landing place or port in Christmas Island

3

Growing media made of plant material

The goods:

(a) are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island); and

(b) have been commercially prepared and packaged; and

(c) are ready for retail sale; and

(d) are free from soil; and

(e) are accompanied by documentation stating the ingredients contained in the goods; and

(f) are presented to a biosecurity officer for inspection on arrival at a landing place or port in Christmas Island

Note:          Division 2 applies to chemical and mined fertilisers, soil conditioners and soil growth supplements (see section 34).

30  Alternative conditions—certain biological material intended for certain purposes

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

Biological material intended for human consumption, in‑vitro purposes or human therapeutic use or contained in cosmetics for human use

             (2)  For paragraph 7(1)(b), alternative conditions for bringing or importing the goods into Christmas Island are:

                     (a)  the goods:

                              (i)  are intended for human consumption, in‑vitro purposes or human therapeutic use; or

                             (ii)  are contained in cosmetics for human use; and

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

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

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

             (3)  For paragraph 7(1)(b), alternative conditions for bringing or importing the goods into Christmas Island are:

                     (a)  the goods are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island); or

                     (b)  all of the following:

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

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

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

                            (iv)  if the goods contain ingredients of animal, plant or microbial origin—those ingredients are biological material specified in the table in subsection 30(4);

                             (v)  the goods are accompanied by documentation stating the ingredients contained in the goods or, if applicable, a declaration or other documentation from the manufacturer of the goods stating the matter referred to in subparagraph (iv).

Kinds of biological material

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

 

Biological material

Item

Biological material

1

Alcohols

1A

Carminic acid

2

Citric acid

2A

Colloidal oatmeal

3

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

3A

Cyclosporin (except if manufactured using materials of terrestrial animal or avian origin)

3B

Diethylaminoethyl (DEAE) dextran (except if manufactured using materials of terrestrial animal or avian origin)

4

Essential oils

5

Esters

6

Fish oil (other than salmon oil)

8

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

8A

Green lipped mussel powder from New Zealand (except if intended for veterinary therapeutic use in aquatic animals)

9

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

10

Homeopathic preparations

11

Lactic acid

12

Lactose (except in products intended for administration to food‑producing animals in their feed or water ration)

13

Natural flavourings (except if manufactured using materials of terrestrial animal or avian origin)

14

Pectins

15

Plant acids

16

Plant extracts (other than flours or powders)

17

Plant gums

18

Plant juices

19

Plant oils

20

Plant waxes

21

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

22

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

23

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

24

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

24A

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

25

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

25A

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)

26

Resins

27

Starches

28

Sugars (other than lactose)

28A

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

29

Tinctures (except if manufactured using materials of terrestrial animal or avian origin)

30

Vinegars

31

Vitamins or provitamins

32

Water

33

Xanthan gum

30A  Alternative conditions—gelatine and its derivatives intended for certain purposes

                   For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing gelatine and its derivatives into Christmas Island.

 

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) in‑vitro purposes; or

(d) in‑vivo work in laboratory organisms

The goods have been commercially prepared

2

Gelatine intended for culture media

Both of the following:

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

(b) if the goods were derived from bovines—the goods were derived from hides and skins only

3

Gelatine intended for veterinary therapeutic use or use in cosmetics for animals

The goods:

(a) were not derived from ruminant animals; and

(b) do not contain any biological material except gelatine or biological material specified in the table in subsection 30(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)

31  Alternative conditions—bioremedial products

                   For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing bioremedial products into Christmas Island.

 

Alternative conditions—bioremedial products

Item

Column 1
Goods

Column 2
Alternative conditions

1

Bioremedial products, other than bioremedial products covered by item 2

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

2

Bioremedial products brought or imported from Australian territory (other than Cocos (Keeling) Islands or Norfolk Island)

All of the following:

(a) the goods are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island);

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

(c) the goods are ready for retail sale;

(d) the goods are free from soil;

(e) if the goods contain plant material—that material has been processed so that it is not viable (for example, the plant material is plant or seaweed extract);

(f) the goods are accompanied by documentation stating the ingredients contained in the goods;

(g) the goods are presented to a biosecurity officer for inspection on arrival at a landing place or port in Christmas Island

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.

32  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 Christmas Island unless:

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

                     (b)  the goods have been treated using a method that the Director of Biosecurity is satisfied is appropriate to manage biosecurity risks associated with the goods to an acceptable level; or

                     (c)  the following conditions are complied with:

                              (i)  after arriving at a landing place or port in Australian territory, the goods must be delivered directly to premises for biosecurity activities to be carried out in relation to the goods in accordance with an approved arrangement;

                             (ii)  the goods must be used only for in‑vitro purposes;

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

33  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 Christmas Island unless at least one of the following is complied with:

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

                     (b)  the goods have been treated using a method that the Director of Biosecurity is satisfied is appropriate to manage biosecurity risks associated with the goods to an acceptable level;

                     (c)  if the goods are sea or ocean water:

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

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

                            (iii)  the goods must be used only for in‑vitro purposes.

34  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 29).

Conditions—liquid chemical fertilisers

             (2)  Liquid chemical fertilisers (the goods) must not be brought or imported into Christmas Island unless:

                     (a)  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; or

                     (b)  the goods are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island).

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 Christmas Island unless:

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

                     (b)  the goods are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island); or

                     (c)  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)

35  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 Christmas Island unless the goods are covered by an import permit.

35A  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 Christmas Island 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 government‑endorsed treatment certificate, stating the matters referred to in subparagraphs (i) and (ii); or

                     (c)  the goods are treated, while subject to biosecurity control, using a method that the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level.

36  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 Christmas Island 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 Christmas Island 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 Christmas Island unless the goods are covered by an import permit.

37  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 earth‑moving, agricultural, construction or timber felling machinery or equipment (including assembled parts);

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

                     (c)  used grain‑milling machinery;

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

                     (e)  food processing equipment.

Exceptions

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

                     (a)  used beekeeping equipment;

                     (b)  used veterinary equipment;

                     (c)  used equipment that has directly or indirectly come into contact with horses.

Conditions

             (3)  Goods included in a class of goods to which this section applies must not be brought or imported into Christmas Island unless the goods were cleaned before export to be clean and free from animal and plant material and soil.

38  Used veterinary equipment other than from New Zealand or Australian territory (other than Norfolk Island)

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 or a part of Australian territory (other than Norfolk Island) (the goods).

Conditions

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

                             (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.

39  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 Christmas Island 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.

40  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 Christmas Island 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.

41  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 Christmas Island 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.

42  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 Christmas Island 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 Christmas Island.

Division 3Additional conditions relating to hitchhiker pests

43  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 Christmas Island 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 Christmas Island 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.

             (3)  The conditions in subsection (2) are in addition to any conditions that must be complied with under Division 1 or 2.

Note:          For listed hitchhiker pest, List of Hitchhiker Pest Host Countries or Regions and List of Treatment Providers, see section 5 of the Biosecurity (Prohibited and Conditionally Non‑prohibited Goods) Determination 2016.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Christmas Island) Determination 2016

7 June 2016 (F2016L01015)

16 June 2015 (s 2(1) item 1)

 

Biosecurity (Prohibited and Conditionally Non‑prohibited Goods) Amendment (Lists) Determination 2017

29 June 2017 (F2017L00802)

Sch 2: 30 June 2017 (s 2(1) item 1)

Biosecurity Legislation (Prohibited and Conditionally Non‑prohibited Goods) Amendment (Alternative Conditions) Determination 2017

19 Dec 2017 (F2017L01672)

Sch 1 (items 74–142): 21 Dec 2017 (s 2(1) item 2)
Sch 2 (items 5, 6): 1 Mar 2018 (s 2(1) item 3)

Biosecurity Legislation (Prohibited and Conditionally Non‑prohibited Goods) Amendment (Alternative Conditions—Cut Flowers) Determination 2018

26 Feb 2018 (F2018L00151)

Sch 1 (items 1–3): 1 Mar 2018 (s 2(1) item 1)

Biosecurity Legislation (Prohibited and Conditionally Non‑prohibited Goods) Amendment (Alternative Conditions) Determination 2018

17 July 2018 (F2018L01033)

Sch 1 (items 52–77): 25 July 2018 (s 2(1) item 2)
Sch 2 (items 3, 4): 1 Mar 2019 (s 2(1) item 3)

Biosecurity Legislation (Prohibited and Conditionally Non‑prohibited Goods) Amendment (Hitchhiker Pests and Other Measures) Determination 2018

27 Aug 2018 (F2018L01180)

Sch 1 (items 6–8): 31 Aug 2018 (s 2(1) item 2)
Sch 2 (item 4): 1 Sept 2018 (s 2(1) item 5)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.............................................

rep LA s 48D

s 5.............................................

am F2017L01672; F2018L00151; F2018L01033; F2018L01180

Part 2

 

Division 1

 

s 6.............................................

am F2017L01672; F2018L01033

s 7.............................................

am F2017L01672; F2018L01180

s 8.............................................

am F2017L01672; F2018L01033

s 12...........................................

am F2017L01672

s 14...........................................

am F2017L01672

s 15...........................................

am F2017L01672; F2018L01033

s 17...........................................

am F2017L01672; F2018L01033

s 20...........................................

am F2017L01672; F2018L00151

s 22...........................................

am F2017L00802; F2017L01672

s 23...........................................

am F2017L01672; F2018L01033

s 24...........................................

am F2017L00802

s 25...........................................

am F2017L00802; F2017L01672; F2018L01033

s 26...........................................

am F2017L01672; F2018L01033

s 27...........................................

am F2017L01672

s 28...........................................

am F2017L01672

s 29...........................................

rs F2017L01672

s 30...........................................

am F2017L01672; F2018L01033

s 30A........................................

ad F2017L01672

s 31...........................................

am F2017L01672

Division 2

 

Division 2.................................

am F2018L01180

s 32...........................................

am F2017L01672

s 33...........................................

am F2017L01672

s 34...........................................

rs F2017L01672

s 35A........................................

ad F2017L01672

s 37...........................................

am F2017L01672

s 42...........................................

am F2018L01033

Division 3

 

Division 3.................................

ad F2018L01180

s 43...........................................

ad F2018L01180