Commonwealth Coat of Arms

Quarantine Amendment Proclamation 2011 (No. 2)1

Quarantine Act 1908

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make this Proclamation under section 13 of the Quarantine Act 1908.

Signed and sealed with the
Great Seal of Australia
on 23 November 2011

QUENTIN BRYCE
Governor-General

By Her Excellency’s Command

JOSEPH WILLIAM LUDWIG

Minister for Agriculture, Fisheries and Forestry

 

1 Name of Proclamation

This Proclamation is the Quarantine Amendment Proclamation 2011
(No. 2).

2 Commencement

  This Proclamation commences on the day after it is registered.

3 Amendment of Quarantine Proclamation 1998

  Schedule 1 amends the Quarantine Proclamation 1998.

 

Schedule 1 Amendments

(section 3)

[1] Section 35

omit

In this Part:

insert

 (1) In this Part:

[2] Section 35

insert

 (2) In this Part, a product is for instant use if:

 (a) the product has been commercially manufactured; and

 (b) the product has been packaged by the manufacturer as a single serving of the product; and

 (c) the product is in that package; and

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

 (e) the package includes all of the elements necessary to be consumed as intended by the manufacturer; and

 (f) the product requires very little treatment or preparation in order to be used as intended by the manufacturer.

Examples for paragraph (f)

Adding water, heating or boiling.

 (3) In this Part, a product is shelf stable if:

 (a) the product has been commercially manufactured; and

 (b) the product has been packaged by the manufacturer; and

 (c) the product is in that package; and

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

 (e) the product:

 (i) is able to be stored in the package at room or ambient temperature; and

 (ii) does not require refrigeration or freezing before the package is opened.

[3] Section 38, table 13, after item 4

insert

4A

Animals and animal tissues (including fish) if:

 (a) completely embedded in resin; and

 (b) imported only for the purpose of display

[4] Section 38, table 13, after item 34

insert

35

Meat and meat products if:

 (a) included in noodles as an additional ingredient, or as a flavouring that is derived from any kind of meat; and

 (b) the noodles are for instant use; and

 (c) the noodles are shelf stable; and

 (d) the noodles are for the personal consumption of the person wishing to import them

36

Meat and meat products if:

 (a) included in pasta as an additional ingredient, or as a flavouring that is derived from any kind of meat; and

 (b) the pasta is for instant use; and

 (c) the pasta is shelf stable; and

 (d) the pasta is for the personal consumption of the person wishing to import it

37

Pork crackling or pork rind that is:

 (a) shelf stable; and

 (b) for the personal consumption of the person wishing to import it

[5] After paragraph 40 (2) (i)

insert

 (j) a dairy-based powdered beverage that:

 (i) includes coffee or flavouring as an ingredient; and

 (ii) is presented as being for instant use;  and

 (iii) is shelf stable; and

 (iv) is for the personal consumption of the person wishing to import it.

[6] Section 41

substitute

41 Importation of eggs and egg products

 (1) The importation into Australia of the goods or things mentioned in the table, whether for human consumption or not, is prohibited unless:

 (a) a Director of Quarantine has granted a permit to import the goods or things into Australia; or

 (b) a permit is not required as set out in subsection (2).

Item

Goods or things

1

Eggs

2

Egg products

3

Goods, including mooncakes, that include egg or an egg product among their ingredients

4

Goods or things, whether for human consumption or not, containing discernible pieces of egg

Note   Part 8 explains what a Director of Quarantine must consider when deciding whether to grant a permit.

 (2) A permit is not required for goods mentioned in the table.

Item

Goods

1

Goods to which the following apply:

  (a) each individually packaged unit of the goods contains less than 10% by weight (other than added water) of egg or an egg product;

 (b) the goods are not intended to be used for stockfood;

 (c) the goods do not contain discernible pieces of egg

2

Cake mixes that:

 (a) contain less than 10% egg by mass; and

 (b) are not intended to be used for stockfood; and

 (c) do not contain discernible pieces of egg

3

Noodles that:

 (a) include egg or an egg product in the ingredients; and

  (b) are shelf stable; and

 (c) are for the personal consumption of the person wishing to import them

4

Noodles that:

  (a) are for instant use; and

 (b) are shelf stable; and

 (c) are for the personal consumption of the person wishing to import them; and

 (d) contain discernible pieces of egg

5

Pasta that:

 (a) includes egg or an egg product in the ingredients; and

  (b) is shelf stable; and

 (c) is for the personal consumption of the person wishing to import it

6

Pasta that:

  (a) is for instant use; and

 (b) is shelf stable; and

 (c) is for the personal consumption of the person wishing to import it; and

 (d) contains discernible pieces of egg

[7] Part 6, after Division 2

insert

Division 3 Importation of products of Australian origin

47 Importation of commercially manufactured animal products of Australian origin

 (1) This section applies to an animal product to which the following apply:

 (a) the product originated in Australia;

 (b) the product is intended for human consumption;

 (c) the product has been commercially manufactured;

 (d) the product has been packaged in Australia by the manufacturer in a package that clearly identifies the food as originating in Australia;

 (e) the product is in that package;

 (f) the package has not been opened or broken;

 (g) the product is for the personal consumption of the person wishing to import it.

 (2) Despite Divisions 1 and 2, a permit to import the animal product into Australia is not required.

 

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.