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Determinations/Other as made
This instrument amends the Biosecurity (Conditionally Non-prohibited Goods) Determination 2021 to introduce a new class of goods, Khapra beetle (Trogoderma granarium), on certain imported goods and provide additional alternative conditions for goods posing biosecurity risks associated with khapra beetle. The additional alternative conditions specified manage biosecurity risks associated with these goods to the Appropriate Level of Protection for Australia.
Administered by: Agriculture, Water and the Environment
Registered 17 Dec 2021
Tabling HistoryDate
Tabled HR08-Feb-2022
Tabled Senate08-Feb-2022
Date of repeal 25 Dec 2021
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

Commonwealth Coat of Arms of Australia

 

Biosecurity (Conditionally Non‑prohibited Goods) Amendment (Khapra Beetle) Determination 2021

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

Dated 15 December 2021

Andrew Edgar Francis Metcalfe AO                                            Professor Paul Kelly

Director of Biosecurity                                                Director of Human Biosecurity

 

  

  


Contents

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

2............ Commencement............................................................................................................. 1

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

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Biosecurity (Conditionally Non‑prohibited Goods) Determination 2021                                 2

 


1  Name

                   This instrument is the Biosecurity (Conditionally Non‑prohibited Goods) Amendment (Khapra Beetle) Determination 2021.

2  Commencement

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

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after the end of the period of 7 days beginning on the day this instrument is registered.

24 December 2021

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

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

3  Authority

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

4  Schedules

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

Schedule 1Amendments

 

Biosecurity (Conditionally Non‑prohibited Goods) Determination 2021

1  Section 6

Insert:

excluded khapra beetle goods means goods that are brought or imported into Australian territory:

                     (a)  as the accompanied or unaccompanied personal effects of a passenger, or a member of the crew, of a ship or aircraft; or

                     (b)  as mail; or

                     (c)  for personal use and with a value not exceeding the amount prescribed for the purposes of subparagraph 68(1)(f)(iii) of the Customs Act 1901.

high‑risk khapra beetle goods means goods that are listed in the List of High‑risk Goods for Host of Khapra Beetle.

List of High‑risk Goods for Host of Khapra Beetle means the List with that name that is:

                     (a)  prepared by the Director of Biosecurity for the purposes of prescribing goods with a high risk of hosting khapra beetle populations; and

                     (b)  published on the Agriculture Department’s website;

as existing from time to time.

List of Other‑risk Countries for Host of Khapra Beetle means the List with that name that is:

                     (a)  prepared by the Director of Biosecurity for the purposes of prescribing:

                              (i)  countries where there is insufficient evidence of khapra beetle being established; and

                             (ii)  treatments to kill khapra beetle; and

                     (b)  published on the Agriculture Department’s website;

as existing from time to time.

List of Other‑risk Goods (including Mode of Arrival and End Use) for Host of Khapra Beetle means the List with that name that is:

                     (a)  prepared by the Director of Biosecurity for the purposes of prescribing:

                              (i)  goods with a low risk of hosting khapra beetle populations; and

                             (ii)  modes of arrival and end use in relation to those goods; and

                     (b)  published on the Agriculture Department’s website;

as existing from time to time.

List of Target‑risk Countries for Host of Khapra Beetle means the List with that name that is:

                     (a)  prepared by the Director of Biosecurity for the purposes of prescribing:

                              (i)  countries where there is evidence of khapra beetle being established; and

                             (ii)  treatments to kill khapra beetle; and

                     (b)  published on the Agriculture Department’s website;

as existing from time to time.

List of Trogoderma Species of Biosecurity Concern means the List with that name that is:

                     (a)  prepared by the Director of Biosecurity for the purposes of prescribing Trogoderma species that are pests for the purposes of the Act; and

                     (b)  published on the Agriculture Department’s website;

as existing from time to time.

other‑risk khapra beetle country means a country that is listed in the List of Other‑risk Countries for Host of Khapra Beetle.

other‑risk khapra beetle goods means goods that are listed in the List of Other‑risk Goods (including Mode of Arrival and End Use) for Host of Khapra Beetle and for which a mode of arrival and an end use are specified in the List.

target‑risk khapra beetle country means a country that is listed in the List of Target‑risk Countries for Host of Khapra Beetle.

2  Subsection 12(1) (after note 1)

Insert:

Note 1A:    If Division 3A (which deals with goods that may be host of khapra beetle) applies to goods included in a class of goods to which a provision of this Division applies, the additional conditions in Division 3A must also be complied with.

3  Division 2 of Part 2 (note to Division heading)

After “Note”, insert “1”.

4  Division 2 of Part 2 (after the note to Division heading)

Insert:

Note 2:       If Division 3A (which deals with goods that may be host of khapra beetle) applies to goods included in a class of goods to which a provision of this Division applies, the additional conditions in Division 3A must also be complied with.

5  Subsection 55(2)

Omit “or 2”, substitute “, 2 or 3A”.

6  After Division 3 of Part 2

Insert:

Division 3AAdditional conditions relating to goods that may be host of khapra beetle

57A  Biosecurity preparedness plans—condition

                   Goods that are included in a class of goods to which a section of this Division applies, and that are the subject of an import declaration, must not be brought or imported into Australian territory unless, at the time the declaration is made, a plan to manage the biosecurity risks associated with bringing or importing goods of that class (or goods including goods of that class) into Australian territory is:

                     (a)  listed in the List of Biosecurity Preparedness Plans; and

                     (b)  ordinarily accessible through the Agriculture Department’s website.

57B  Conditions generally

                   The conditions in this Division are in addition to any relevant conditions that must be complied with under Division 1, 2 or 3.

57C  High‑risk khapra beetle goods from target‑risk khapra beetle countries

Classes of goods to which this section applies

             (1)  The class of goods to which this section applies is goods that are:

                     (a)  high‑risk khapra beetle goods; and

                     (b)  stored or loaded onto an aircraft or vessel in a target‑risk khapra beetle country.

Conditions

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

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

                     (b)  the alternative conditions specified for the goods in the following table are complied with.

 

Alternative conditions—high‑risk khapra beetle goods from target‑risk khapra beetle countries

Item

Column 1
Goods

Column 2
Alternative conditions

1

High‑risk khapra beetle goods that:

(a) are not seeds for sowing; and

(b) are not intended for research purposes

The goods:

(a) have been treated using a treatment listed for the goods in the List of Target‑risk Countries for Host of Khapra Beetle; and

(b) are free from all live species of Trogoderma; and

(c) are accompanied by a phytosanitary certificate stating the matters mentioned in paragraphs (a) and (b); and

(d) are not excluded khapra beetle goods

2

High‑risk khapra beetle goods that:

(a) are seeds for sowing; and

(b) are not intended for research purposes

The goods:

(a) are free from evidence of all species of Trogoderma (whether live, dead or exuviae) that are listed in the List of Trogoderma Species of Biosecurity Concern; and

(b) are accompanied by a phytosanitary certificate stating the matter mentioned in paragraph (a); and

(c) are not excluded khapra beetle goods

3

High‑risk khapra beetle goods that are intended for research purposes

The goods:

(a) are accompanied by written evidence that the goods are intended for research purposes; and

(b) have a value not exceeding the amount prescribed for the purposes of subparagraph 68(1)(f)(iii) of the Customs Act 1901; and

(c) are not brought or imported into Australian territory:

(i) as the accompanied or unaccompanied personal effects of a passenger, or a member of the crew, of a ship or aircraft; or

(ii) as mail

57D  High‑risk khapra beetle goods from other‑risk khapra beetle countries

Classes of goods to which this section applies

             (1)  The class of goods to which this section applies is goods that are:

                     (a)  high‑risk khapra beetle goods; and

                     (b)  both:

                              (i)  stored or loaded onto an aircraft or vessel in an other‑risk khapra beetle country; and

                             (ii)  not goods to which section 57C applies.

Conditions

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

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

                     (b)  the alternative conditions specified for the goods in the following table are complied with.

 

Alternative conditions—high‑risk khapra beetle goods from other‑risk khapra beetle countries

Item

Column 1
Goods

Column 2
Alternative conditions

1

High‑risk khapra beetle goods that:

(a) are not seeds for sowing; and

(b) are not intended for research purposes

Either:

(a) the goods:

(i) are free from evidence of all species of Trogoderma (whether live, dead or exuviae) that are listed in the List of Trogoderma Species of Biosecurity Concern; and

(ii) are accompanied by a phytosanitary certificate stating the matter mentioned in subparagraph (i) of this paragraph; and

(iii) are not excluded khapra beetle goods; or

(b) the goods:

(i) have been treated using a treatment listed for the goods in the List of Other‑risk Countries for Host of Khapra Beetle; and

(ii) are free from all live species of Trogoderma; and

(iii) are accompanied by a phytosanitary certificate stating the matters mentioned in subparagraphs (i) and (ii) of this paragraph; and

(iv) are not excluded khapra beetle goods

2

High‑risk khapra beetle goods that:

(a) are seeds for sowing; and

(b) are not intended for research purposes

The goods:

(a) are free from evidence of all species of Trogoderma (whether live, dead or exuviae) that are listed in the List of Trogoderma Species of Biosecurity Concern; and

(b) are accompanied by a phytosanitary certificate stating the matter mentioned in paragraph (a); and

(c) are not excluded khapra beetle goods

3

High‑risk khapra beetle goods that are intended for research purposes

The goods:

(a) are accompanied by written evidence that the goods are intended for research purposes; and

(b) have a value not exceeding the amount prescribed for the purposes of subparagraph 68(1)(f)(iii) of the Customs Act 1901; and

(c) are not brought or imported into Australian territory:

(i) as the accompanied or unaccompanied personal effects of a passenger, or a member of the crew, of a ship or aircraft; or

(ii) as mail

57E  Other‑risk khapra beetle goods from target‑risk khapra beetle countries

Classes of goods to which this section applies

             (1)  The class of goods to which this section applies is goods that are:

                     (a)  other‑risk khapra beetle goods; and

                     (b)  stored or loaded onto an aircraft or vessel in a target‑risk khapra beetle country.

Conditions

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

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

                     (b)  the alternative conditions specified for the goods in the following table are complied with.

 

Alternative conditions—other‑risk khapra beetle goods from target‑risk khapra beetle countries

Item

Column 1
Goods

Column 2
Alternative conditions

1

Other‑risk khapra beetle goods that:

(a) are not seeds for sowing; and

(b) are not intended for research purposes

Either:

(a) the goods:

(i) are free from evidence of all species of Trogoderma (whether live, dead or exuviae) that are listed in the List of Trogoderma Species of Biosecurity Concern; and

(ii) are accompanied by a phytosanitary certificate stating the matter mentioned in subparagraph (i) of this paragraph; or

(b) the goods:

(i) have been treated using a treatment listed for the goods in the List of Target‑risk Countries for Host of Khapra Beetle; and

(ii) are free from all live species of Trogoderma; and

(iii) are accompanied by a phytosanitary certificate stating the matters mentioned in subparagraphs (i) and (ii) of this paragraph

2

Other‑risk khapra beetle goods that:

(a) are seeds for sowing; and

(b) are not intended for research purposes

The goods:

(a) are free from evidence of all species of Trogoderma (whether live, dead or exuviae) that are listed in the List of Trogoderma Species of Biosecurity Concern; and

(b) are accompanied by a phytosanitary certificate stating the matter mentioned in paragraph (a)

3

Other‑risk khapra beetle goods that are intended for research purposes

The goods:

(a) are accompanied by written evidence that the goods are intended for research purposes; and

(b) have a value not exceeding the amount prescribed for the purposes of subparagraph 68(1)(f)(iii) of the Customs Act 1901

57F  Other‑risk khapra beetle goods from other‑risk khapra beetle countries

Classes of goods to which this section applies

             (1)  The class of goods to which this section applies is goods that are:

                     (a)  other‑risk khapra beetle goods; and

                     (b)  both:

                              (i)  stored or loaded onto an aircraft or vessel in an other‑risk khapra beetle country; and

                             (ii)  not goods to which section 57E applies.

Conditions

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

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

                     (b)  the alternative conditions specified for the goods in the following table are complied with.

 

Alternative conditions—other‑risk khapra beetle goods from other‑risk khapra beetle countries

Item

Column 1
Goods

Column 2
Alternative conditions

1

Other‑risk khapra beetle goods that:

(a) are not seeds for sowing; and

(b) are not intended for research purposes

Either:

(a) the goods:

(i) are free from evidence of all species of Trogoderma (whether live, dead or exuviae) that are listed in the List of Trogoderma Species of Biosecurity Concern; and

(ii) are accompanied by a phytosanitary certificate stating the matter mentioned in subparagraph (i) of this paragraph; or

(b) the goods:

(i) have been treated using a treatment listed for the goods in the List of Other‑risk Countries for Host of Khapra Beetle; and

(ii) are free from all live species of Trogoderma; and

(iii) are accompanied by a phytosanitary certificate stating the matters mentioned in subparagraphs (i) and (ii) of this paragraph

2

Other‑risk khapra beetle goods that:

(a) are seeds for sowing; and

(b) are not intended for research purposes

The goods:

(a) are free from evidence of all species of Trogoderma (whether live, dead or exuviae) that are listed in the List of Trogoderma Species of Biosecurity Concern; and

(b) are accompanied by a phytosanitary certificate stating the matter mentioned in paragraph (a)

3

Other‑risk khapra beetle goods that are intended for research purposes

The goods:

(a) are accompanied by written evidence that the goods are intended for research purposes; and

(b) have a value not exceeding the amount prescribed for the purposes of subparagraph 68(1)(f)(iii) of the Customs Act 1901