Biosecurity Legislation (Prohibited and Conditionally Nonprohibited Goods) Amendment (Alternative Conditions) Determination 2017

We, Daryl Quinlivan, Director of Biosecurity, and Professor Brendan Murphy, Director of Human Biosecurity, make the following determination.

Dated 13 December 2017

Daryl Quinlivan Brendan Murphy

Director of Biosecurity Director of Human Biosecurity

 

 

 

 

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments commencing 21 December 2017

Part 1—Alternative conditions for the mainland

Biosecurity (Prohibited and Conditionally Nonprohibited Goods) Determination 2016

Part 2—Alternative conditions for Christmas Island

Biosecurity (Prohibited and Conditionally Nonprohibited Goods—Christmas Island) Determination 2016

Part 3—Alternative conditions for Cocos (Keeling) Islands

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

Part 4—Alternative conditions for Norfolk Island

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

Schedule 2—Amendments commencing 1 March 2018

Part 1—Alternative conditions for the mainland

Biosecurity (Prohibited and Conditionally Nonprohibited Goods) Determination 2016

Part 2—Alternative conditions for Christmas Island

Biosecurity (Prohibited and Conditionally Nonprohibited Goods—Christmas Island) Determination 2016

Part 3—Alternative conditions for Cocos (Keeling) Islands

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

Part 4—Alternative conditions for Norfolk Island

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

1  Name

  This instrument is the Biosecurity Legislation (Prohibited and Conditionally Non-prohibited Goods) Amendment (Alternative Conditions) Determination 2017.

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.  Sections 1 to 4 and anything in this instrument not elsewhere covered by this table

The day after this instrument is registered.

20 December 2017

2.  Schedule 1

21 December 2017.

21 December 2017

3.  Schedule 2

1 March 2018.

1 March 2018

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 commencing 21 December 2017

Part 1Alternative conditions for the mainland

Biosecurity (Prohibited and Conditionally Nonprohibited Goods) Determination 2016

1  Subsection 4(3)

Omit “subsection (2)”, substitute “subsection (1)”.

2  Section 5

Insert:

laboratory organism means a guinea pig, hamster, mouse, rabbit, rat or microorganism that is used in a laboratory.

listed country for canine semen means a country that is listed in the List of Countries for Canine Semen prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 21 December 2017.

Note: A country is listed in the List of Countries for Canine Semen if the Director of Biosecurity is satisfied that the level of biosecurity risk associated with canine semen brought or imported from that country is acceptable.

listed country for natural casings derived from bovine, caprine, ovine or porcine animals means a country that is listed in the List of Countries for Natural Casings Derived from Bovine, Caprine, Ovine or Porcine Animals prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 21 December 2017.

Note: A country is listed in the List of Countries for Natural Casings Derived from Bovine, Caprine, Ovine or Porcine Animals if the Director of Biosecurity is satisfied that the level of biosecurity risk associated with natural casings derived from animals born, raised and slaughtered in that country is acceptable.

listed medicinal mushrooms means mushrooms or fungi of a species listed in the List of Species of Medicinal Mushrooms or Fungi with Alternative Conditions for Import prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 21 December 2017.

Note: Mushrooms or fungi of a particular species are listed in the List of Species of Medicinal Mushrooms or Fungi with Alternative Conditions for Import if the Director of Biosecurity is satisfied that biosecurity risks associated with mushrooms or fungi of that species can be managed to an acceptable level.

3  Paragraphs 10(2)(c) and (d)

Repeal the paragraphs.

4  Subsection 10(3) (table item 7, column headed “Excluded plant goods”, paragraph (b))

Omit “the United States of America (other than California, Florida or Hawaii) or another country”, substitute “a country”.

5  Subsection 10(3) (after table item 8)

Insert:

8A

Dried apricot kernels (Prunus armeniaca)

6  Section 12

Repeal the section, substitute:

12  Alternative conditions—live animals and animal reproductive material

  For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing certain live animals and animal reproductive material into Australian territory.

 

Alternative conditions—live animals and animal reproductive material

Item

Column 1
Goods

Column 2
Alternative conditions

1

Live domestic cats, dogs or rabbits brought or imported from New Zealand

The animal is accompanied by a health certificate for the animal that was signed by an official veterinarian not more than 5 days before the day the animal left New Zealand

2

Live domestic cats or dogs brought or imported from Norfolk Island

The animal is accompanied by a health certificate for the animal that was signed by a government officer not more than 5 days before the day the animal left Norfolk Island

3

Canine semen

The semen:

(a) was collected in and brought or imported from a country that is a listed country for canine semen; and

(b) is accompanied by a health certificate for the semen that was signed by an official veterinarian not more than 5 days before the day the semen left that country

7  Section 13 (after the heading)

Insert:

 (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.

8  Section 13

Before “For paragraph 11(1)(b)”, insert “(2)”.

9  Section 13 (table item 2)

Repeal the item, substitute:

2

Goods made with rawhide

Any of the following:

(a) not more than 10 of the same kind of goods are brought or imported into Australian territory together;

(b) the goods have been treated by immersion in a lime solution at a pH of at least 12.5 and are accompanied by a declaration from the manufacturer of the goods stating that fact;

(c) the goods:

(i) have been treated with gamma irradiation to a level that achieves a minimum of 50 kGray at a facility that the Director of Biosecurity is satisfied can treat goods made with rawhide so that biosecurity risks associated with the goods are managed to an acceptable level; and

(ii) are accompanied by written evidence stating the matter in subparagraph (i);

(d) the goods are treated, while subject to biosecurity control, with gamma irradiation to a level that achieves a minimum of 50 kGray

10  Section 13 (table item 5, column 1)

Omit “that are not intended for animal consumption, veterinary therapeutic use or use as fertiliser”.

11  Section 13 (after table item 5)

Insert:

5A

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

The goods do not require refrigeration or any further processing

5B

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)

12  Section 13 (cell at table item 10, column 1)

Repeal the cell, substitute:

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

13  Section 13 (at the end of the table)

Add:

12

Casein glue or gelatine glue

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

13

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)

14

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)

15

Animal trophies, artefacts or handicraft items

All of the following:

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

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

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

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

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

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

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

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

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

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

16

Bones, horns, antlers, tusks or teeth

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

14  Section 14 (after the heading)

Insert:

 (1) This section does not apply to dead fish, crustaceans 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.

15  Section 14

Before “For paragraph 11(1)(b)”, insert “(2)”.

16  Subsection 15(2) (after table item 6)

Insert:

6A

Natural casings derived from bovine, caprine, ovine or porcine animals

All of the following:

(a) the animals from which the goods were derived:

(i) were born, raised and slaughtered in one or more countries, each of which is a listed country for natural casings derived from bovine, caprine, ovine or porcine animals; and

(ii) were found to be free from contagious and infectious disease at antemortem and postmortem veterinary inspections, conducted under official veterinary supervision; and

(iii) were slaughtered at least 30 days before the day the goods are brought or imported into Australian territory;

(b) the goods were not exposed to contamination before being exported;

(c) each package containing the goods states the identification or veterinary control number of the establishment at which the casings were packed;

(d) the goods are accompanied by a health certificate stating the matters referred to in paragraphs (a), (b), and (c)

17  Subsection 16(2) (table item 1, column 2, paragraph (c))

Omit “each packet contains less than 10% by dry weight (other than added water) of dairy products”, substitute “the total dry weight of the components of the goods (other than added water) contains less than 10% of dairy products”.

18  Section 18 (table item 1)

Repeal the item.

19  Section 20 (after table item 6)

Insert:

6A

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

6B

Food for consumption by pet fish in enclosed aquariums or ponds

All of the following:

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

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

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

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

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

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

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

20  Section 21 (cell at table item 1, column 2)

Repeal the cell, substitute:

The goods:

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

(b) are ready for retail sale; and

(c) either:

(i) are for personal use; or

(ii) contain, in total, less than 20% by mass of material of animal origin

21  Section 23 (table item 2)

Repeal the item, substitute:

2

Herbarium specimens, including of the following:

(a) vascular plants;

(b) nonvascular plants and fungi (including algae, lichens, mosses, liverworts and hornworts)

The goods:

(a) are in clean and new packaging; and

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

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

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

either:

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

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

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

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

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

22  Section 23 (table item 3)

Repeal the item, substitute:

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

23  Section 23 (table item 4, column 2, subparagraph (a)(iii))

Omit “and” (second occurring).

24  Section 23 (table item 4, column 2, subparagraph (a)(iv))

Repeal the subparagraph.

25  Section 23 (table item 4, column 2, paragraph (b))

Omit “(iv)”, substitute “(iii)”.

26  Section 23 (table item 9, column 2, paragraph (c))

Repeal the paragraph.

27  Section 23 (table item 9, column 2, subparagraph (e)(i))

Repeal the subparagraph, substitute:

(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

28  Section 23 (table item 10, column 1)

Omit “tea”, substitute “mixtures for human consumption”.

29  Section 23 (table item 10, column 2, subparagraph (d)(i))

Repeal the subparagraph, substitute:

(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

30  Section 23 (cell at table item 12, column 2)

Repeal the cell, substitute:

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

31  Section 23 (cell at table item 15, column 2)

Repeal the cell, substitute:

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

32  Section 23 (at the end of the table)

Add:

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

33  Section 28 (heading)

Repeal the heading, substitute:

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

34  Section 28

Omit “potting mixes”, substitute “growing media”.

35  Section 28 (table heading)

Repeal the heading, substitute:

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

36  Section 28 (table item 1, column 1)

Omit “from an FMDfree country”, substitute “that was grown, processed and packaged in, and brought or imported from, an FMDfree country”.

37  Section 28 (cell at table item 2, column 1)

Repeal the cell, substitute:

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

(a) was not grown, processed or packaged in an FMDfree country; and

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

38  Section 28 (cell at table item 3, column 1)

Repeal the cell, substitute:

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

(a) was not grown, processed or packaged in an FMDfree country; and

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

39  Section 28 (table item 4, column 2, paragraph (a))

Repeal the paragraph, substitute:

(a) the phytosanitary certificate includes a declaration stating that there is no visible contamination from animal material on the goods; or

40  Section 29 (table item 1, column 1, paragraph (d))

Repeal the paragraph, substitute:

(d) herbs;

(e) fungi

41  Section 29 (after table item 5)

Insert:

5A

Species of mushrooms or fungi that are for use for medicinal purposes

The goods:

(a) are listed medicinal mushrooms; and

(b) have been securely packed in clean and new packaging; and

(c) have been dried and processed; and

(d) are accompanied by a declaration on commercial documentation stating the botanical name of the goods (including genus and species), and a description of the packaging used for the goods; and

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

42  Section 31 (table items 6 and 7)

Repeal the items, substitute:

6

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

43  Section 31 (at the end of the table)

Add:

9

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

44  Subsection 32(2)

Repeal the subsection, substitute:

 (2) For paragraph 11(1)(b), alternative conditions for bringing or importing the goods into Australian territory are that the goods are intended for any of the following purposes:

 (a) use in human food or beverages;

 (b) cosmetic use;

 (c) invitro laboratory work;

 (d) invivo work in laboratory organisms;

 (e) human therapeutic use.

45  Subsection 32(3) (after table item 1)

Insert:

1A

Aspergillus brasiliensis

46  Subparagraph 33(2)(a)(iii)

Repeal the subparagraph.

47  Subsection 33(3) (at the end of the cell at table item 3, column headed “Highly refined organic chemicals and substances”)

Add(other than those derived from neural material)”.

48  Subsection 33(3) (table item 12, column headed “Highly refined organic chemicals and substances”)

After “animals”, insert “or microbial fermentation”.

49  Paragraph 34(2)(b)

Omit “, Ganoderma spp. or slippery elm bark”.

50  Subsection 35(1) (note)

Omit “chemical, mined and synthetic”, substitute “chemical and mined”.

51  Paragraph 36(2)(a)

Repeal the paragraph, substitute:

 (a) the goods:

 (i) are intended for human consumption, invitro purposes or human therapeutic use; or

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

52  Paragraphs 36(3)(d) and (e)

Repeal the paragraphs, substitute:

 (d) if the goods contain ingredients of animal, plant or microbial origin—those ingredients are biological material specified in the table in subsection 36(4); and

 (e) the goods are accompanied by:

 (i) documentation stating the ingredients contained in the goods; or

 (ii) if applicable, a declaration or other documentation from the manufacturer of the goods stating the matter referred to in paragraph (d).

53  Subsection 36(4) (after table item 2)

Insert:

2A

Colloidal oatmeal

54  Subsection 36(4) (table item 7)

Repeal the item.

55  Subsection 36(4) (after table item 8)

Insert:

8A

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

56  Subsection 36(4) (at the end of the cell at table item 12, column headed “Biological material”)

Add(except in products intended for administration to foodproducing animals in their feed or water ration)”.

57  Subsection 36(4) (at the end of the cell at table item 13, column headed “Biological material”)

Add(except if manufactured using materials of terrestrial animal or avian origin)”.

58  Subsection 36(4) (after table item 13)

Insert:

13A

Neatsfoot oil, if present in products for topical application to humans or animals that are companion or performance animals (such as dogs, cats or horses)

59  Subsection 36(4) (after table item 24)

Insert:

24A

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

60  Subsection 36(4) (after table item 25)

Insert:

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)

61  Subsection 36(4) (at the end of the cell at table item 28, column headed “Biological material”)

Add “(other than lactose)”.

62  Subsection 36(4) (after table item 28)

Insert:

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

63  Subsection 36(4) (at the end of the cell at table item 29, column headed “Biological material”)

Add(except if manufactured using materials of terrestrial animal or avian origin)”.

64  After section 36

Insert:

36A  Alternative conditions—gelatine and its derivatives intended for certain purposes

  For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing gelatine and its derivatives into Australian territory.

 

Alternative conditions—gelatine and its derivatives intended for certain purposes

Item

Column 1
Goods

Column 2
Alternative conditions

1

Gelatine intended for:

(a) human consumption; or

(b) human therapeutic use; or

(c) invitro purposes; or

(d) invivo work in laboratory organisms

The goods have been commercially prepared

2

Gelatine intended for culture media

Both of the following:

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

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

3

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

The goods:

(a) were not derived from ruminant animals; and

(b) do not contain any biological material except gelatine or biological material specified in the table in subsection 36(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)

65  Paragraph 38(2)(b)

Repeal the paragraph, substitute:

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

 (c) the following conditions are complied with:

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

 (ii) the goods must be used only for invitro purposes;

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

66  Paragraphs 39(1)(a) and (b)

Repeal the paragraphs, substitute:

 (a) water;

 (b) goods containing water.

67  Paragraph 39(2)(a)

Omit “bottled”, substitute “packaged”.

68  At the end of subsection 39(2)

Add:

 ; (e) water included as an ingredient in a food product.

69  Subsection 39(3)

Repeal the subsection (not including the heading), substitute:

 (3) Goods included in a class of goods to which this section applies must not be brought or imported into Australian territory unless at least one of the following is complied with:

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

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

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

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

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

 (iii) the goods must be used only for invitro purposes.

70  Section 40

Repeal the section, substitute:

40  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 35).

Conditions—liquid chemical fertilisers

 (2) Liquid chemical fertilisers (the goods) must not be brought or imported into Australian territory unless the goods are accompanied by a declaration by the manufacturer of the goods stating that the goods do not contain any ingredients of animal, plant or microbial origin.

Conditions—chemical and mined fertilisers, soil conditioners and soil growth supplements (other than liquid chemical fertilisers)

 (3) Goods included in a class of goods to which this section applies (other than liquid chemical fertilisers) must not be brought or imported into Australian territory unless:

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

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

 

Alternative conditions—chemical and mined fertilisers, soil conditioners and soil growth supplements (other than liquid chemical fertilisers)

Item

Column 1
Goods

Column 2
Alternative conditions

1

Chemical fertilisers (other than liquid chemical fertilisers), chemical soil conditioners and chemical soil growth supplements, if the net weight of each packed unit of the goods is not more than 100 kilograms

All of the following:

(a) the goods are in clean and new packaging;

(b) the goods do not contain any ingredients of animal, plant or microbial origin;

(c) the goods were packed at the place where they were produced;

(d) the goods have not been stockpiled in an open environment;

(e) the goods are accompanied by a commercial invoice, packing list or a declaration by the manufacturer of the goods, stating the matters referred to in paragraphs (a) to (d)

2

Chemical fertilisers (other than liquid chemical fertilisers), chemical soil conditioners and chemical soil growth supplements, if the net weight of each packed unit of the goods is more than 100 kilograms

All of the following:

(a) the goods are not intended for processing (other than packaging) in Australian territory;

(b) the goods do not contain any ingredients of animal, plant or microbial origin;

(c) the goods are accompanied by a commercial invoice, packing list or a declaration by the manufacturer of the goods, stating the matters referred to in paragraphs (a) and (b)

3

Mined fertilisers, mined soil conditioners and mined soil growth supplements

The goods:

(a) are not intended for processing (other than packaging) in Australian territory; and

(b) do not contain any ingredients of animal, plant or microbial origin; and

(c) are accompanied by a commercial invoice, packing list or a declaration by the manufacturer of the goods, stating the matters referred to in paragraphs (a) and (b)

71  After section 41

Insert:

41A  Equipment that has directly or indirectly come into contact with horses

Classes of goods to which this section applies

 (1) The class of goods to which this section applies is equipment that has directly or indirectly come into contact with horses, including the following:

 (a) grooming items, tools and other items and accessories used in caring for horses (for example, feed bags);

 (b) awards (for example, ribbons and garlands);

 (c) riding accessories (for example, collars, reins, bridles, blinkers and saddles);

 (d) horse shoes;

 (e) equestrian and horse riding clothing and accessories, including polo equipment, saddle rugs and pads, riding and stock whips, boots, spurs, jodhpurs, gloves and helmets;

 (f) any other clothing, footwear, accessories, tools or items, worn or used, that have been in contact with horses or exposed to areas where horses are or have been present.

Conditions

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

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

 (b) the goods:

 (i) have undergone treatment through the application of either gamma irradiation to a minimum of 50 kGray at a facility that the Director of Biosecurity is satisfied can treat equipment that has directly or indirectly come into contact with horses so that biosecurity risks associated with the goods are managed to an acceptable level, or a disinfectant appropriate to manage biosecurity risks associated with the goods to an acceptable level; and

 (ii) have not been in contact with equine animals after being treated as referred to in subparagraph (i); and

 (iii) are accompanied by a governmentendorsed treatment certificate, stating the matters referred to in subparagraphs (i) and (ii); or

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

72  Section 43 (heading)

Repeal the heading, substitute:

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

73  At the end of subsection 43(2)

Add:

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

Part 2Alternative conditions for Christmas Island

Biosecurity (Prohibited and Conditionally Nonprohibited Goods—Christmas Island) Determination 2016

74  Paragraphs 6(2)(e), (g) and (h)

Repeal the paragraphs.

75  Subsection 6(3) (table item 7, column headed “Excluded plant goods”, paragraph (b))

Omit “the United States of America (other than California, Florida or Hawaii) or another country”, substitute “a country”.

76  Subsection 6(3) (after table item 8)

Insert:

8A

Dried apricot kernels (Prunus armeniaca)

77  Subsection 7(3) (example)

Repeal the example, substitute:

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.

78  Section 8 (after the heading)

Insert:

 (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.

79  Section 8

Before “For paragraph 7(1)(b)”, insert “(2)”.

80  Section 8 (after table item 1)

Insert:

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)

81  Section 8 (cell at table item 3, column 1)

Omit “that are not intended for animal consumption, veterinary therapeutic use or use as fertiliser”.

82  Section 8 (after table item 3)

Insert:

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)

83  Section 8 (cell at table item 8, column 1)

Repeal the cell, substitute:

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

84  Section 8 (at the end of the table)

Add:

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 invitro use or display by a museum or scientific institute, or in a public exhibition;

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

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

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

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

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

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

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

14

Bones, horns, antlers, tusks or teeth

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

85  Section 12 (table item 1)

Repeal the item.

86  Section 14 (after table item 3)

Insert:

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

87  Section 14 (at the end of the table)

Add:

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

88  Section 15 (cell at table item 1, column 2)

Repeal the cell, substitute:

The goods:

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

(b) are ready for retail sale; and

(c) either:

(i) are for personal use; or

(ii) contain, in total, less than 20% by mass of material of animal origin

89  Section 17 (table item 2)

Repeal the item, substitute:

2

Herbarium specimens, including of the following:

(a) vascular plants;

(b) nonvascular plants and fungi (including algae, lichens, mosses, liverworts and hornworts)

The goods:

(a) are in clean and new packaging; and

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

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

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

either:

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

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

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

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

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

90  Section 17 (table item 3)

Repeal the item, substitute:

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

91  Section 17 (table item 4, column 2, subparagraph (a)(iii))

Omit “and” (second occurring).

92  Section 17 (table item 4, column 2, subparagraph (a)(iv))

Repeal the subparagraph.

93  Section 17 (table item 4, column 2, paragraph (b))

Omit “(iv)”, substitute “(iii)”.

94  Section 17 (table item 9, column 2, paragraph (c))

Repeal the paragraph.

95  Section 17 (table item 9, column 2, subparagraph (e)(i))

Repeal the subparagraph, substitute:

(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

96  Section 17 (table item 10, column 1)

Omit “tea”, substitute “mixtures for human consumption”.

97  Section 17 (table item 10, column 2, subparagraph (d)(i))

Repeal the subparagraph, substitute:

(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

98  Section 17 (cell at table item 12, column 2)

Repeal the cell, substitute:

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

99  Section 17 (cell at table item 15, column 2)

Repeal the cell, substitute:

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

100  Section 17 (at the end of the table)

Add:

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

101  Section 22 (heading)

Repeal the heading, substitute:

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

102  Section 22

Omit “potting mixes”, substitute “growing media”.

103  Section 22 (table heading)

Repeal the heading, substitute:

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

104  Section 22 (table item 1, column 1)

Omit “from an FMDfree country”, substitute “that was grown, processed and packaged in, and brought or imported from, an FMDfree country”.

105  Section 22 (cell at table item 2, column 1)

Repeal the cell, substitute:

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

(a) was not grown, processed or packaged in an FMDfree country; and

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

106  Section 22 (cell at table item 3, column 1)

Repeal the cell, substitute:

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

(a) was not grown, processed or packaged in an FMDfree country; and

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

107  Section 23 (table item 1, column 1, paragraph (d))

Repeal the paragraph, substitute:

(d) herbs;

(e) fungi

108  Section 23 (after table item 4)

Insert:

4A

Species of mushrooms or fungi that are for use for medicinal purposes

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

109  Section 23 (at the end of the cell at table item 5, column 1)

Add:

; or (c) listed medicinal mushrooms

110  Section 25 (table items 5 and 6)

Repeal the items, substitute:

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

111  Section 25 (at the end of the table)

Add:

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

112  Subsection 26(2)

Repeal the subsection, substitute:

 (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) invitro laboratory work;

 (d) invivo work in laboratory organisms;

 (e) human therapeutic use.

113  Subsection 26(3) (after table item 1)

Insert:

1A

Aspergillus brasiliensis

114  Subparagraph 27(2)(a)(iii)

Repeal the subparagraph.

115  Subsection 27(3) (at the end of the cell at table item 3, column headed “Highly refined organic chemicals and substances”)

Add(other than those derived from neural material)”.

116  Subsection 27(3) (table item 12, column headed “Highly refined organic chemicals and substances”)

After “animals”, insert “or microbial fermentation”.

117  Paragraph 28(2)(b)

Omit “, Ganoderma spp. or slippery elm bark”.

118  Section 29

Repeal the section, substitute:

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).

119  Paragraph 30(2)(a)

Repeal the paragraph, substitute:

 (a) the goods:

 (i) are intended for human consumption, invitro purposes or human therapeutic use; or

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

120  Subparagraphs 30(3)(b)(iv) and (v)

Repeal the subparagraphs, substitute:

 (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).

121  Subsection 30(4) (after table item 2)

Insert:

2A

Colloidal oatmeal

122  Subsection 30(4) (table item 7)

Repeal the item.

123  Subsection 30(4) (after table item 8)

Insert:

8A

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

124  Subsection 30(4) (at the end of the cell at table item 12, column headed “Biological material”)

Add “(except in products intended for administration to foodproducing animals in their feed or water ration)”.

125  Subsection 30(4) (at the end of the cell at table item 13, column headed “Biological material”)

Add(except if manufactured using materials of terrestrial animal or avian origin)”.

126  Subsection 30(4) (after table item 24)

Insert:

24A

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

127  Subsection 30(4) (after table item 25)

Insert:

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)

128  Subsection 30(4) (at the end of the cell at table item 28, column headed “Biological material”)

Add(other than lactose)”.

129  Subsection 30(4) (after table item 28)

Insert:

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

130  Subsection 30(4) (at the end of the cell at table item 29, column headed “Biological material”)

Add(except if manufactured using materials of terrestrial animal or avian origin)”.

131  After section 30

Insert:

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) invitro purposes; or

(d) invivo work in laboratory organisms

The goods have been commercially prepared

2

Gelatine intended for culture media

Both of the following:

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

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

3

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

The goods:

(a) were not derived from ruminant animals; and

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

132  Section 31 (at the end of the cell at table item 1, column 1)

Add “, other than bioremedial products covered by item 2”.

133  Section 31 (at the end of the table)

Add:

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

134  Paragraph 32(2)(b)

Repeal the paragraph, substitute:

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

 (c) the following conditions are complied with:

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

 (ii) the goods must be used only for invitro purposes;

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

135  Paragraphs 33(1)(a) and (b)

Repeal the paragraphs, substitute:

 (a) water;

 (b) goods containing water.

136  Paragraph 33(2)(a)

Omit “bottled”, substitute “packaged”.

137  At the end of subsection 33(2)

Add:

 ; (e) water included as an ingredient in a food product.

138  Subsection 33(3)

Repeal the subsection (not including the heading), substitute:

 (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 invitro purposes.

139  Section 34

Repeal the section, substitute:

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)

140  After section 35

Insert:

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 governmentendorsed treatment certificate, stating the matters referred to in subparagraphs (i) and (ii); or

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

141  Section 37 (heading)

Repeal the heading, substitute:

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

142  At the end of subsection 37(2)

Add:

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

Part 3Alternative conditions for Cocos (Keeling) Islands

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

143  Paragraphs 6(2)(d), (e) and (f)

Repeal the paragraphs.

144  Subsection 6(3) (table item 7, column headed “Excluded plant goods”, paragraph (b))

Omit “the United States of America (other than California, Florida or Hawaii) or another country”, substitute “a country”.

145  Subsection 6(3) (after table item 8)

Insert:

8A

Dried apricot kernels (Prunus armeniaca)

146  Subsection 7(3) (example)

Repeal the example, substitute:

Example: A person wishes to bring or import into Cocos (Keeling) Islands goods (the relevant goods) containing avian meat from New Zealand and honey. Avian meat from New Zealand must not be brought or imported into Cocos (Keeling) Islands unless it is covered by an import permit. Therefore, the relevant goods must not be brought or imported into Cocos (Keeling) Islands unless they are covered by an import permit. The alternative conditions specified for any quantity of honey in section 14 do not apply in relation to the relevant goods.

147  Section 8 (after the heading)

Insert:

 (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.

148  Section 8

Before “For paragraph 7(1)(b)”, insert “(2)”.

149  Section 8 (after table item 1)

Insert:

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 Cocos (Keeling) Islands 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)

150  Section 8 (cell at table item 3, column 1)

Omit “that are not intended for animal consumption, veterinary therapeutic use or use as fertiliser”.

151  Section 8 (after table item 3)

Insert:

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)

152  Section 8 (cell at table item 8, column 1)

Repeal the cell, substitute:

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

153  Section 8 (at the end of the table)

Add:

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 invitro use or display by a museum or scientific institute, or in a public exhibition;

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

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

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

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

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

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

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

14

Bones, horns, antlers, tusks or teeth

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

154  Subsection 11(2) (table item 1, column 2, paragraph (d))

Omit “each packet contains less than 10% by dry weight (other than added water) of dairy products”, substitute “the total dry weight of the components of the goods (other than added water) contains less than 10% of dairy products”.

155  Section 13 (table item 1)

Repeal the item.

156  Section 15 (after table item 4)

Insert:

4A

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

4B

Food for consumption by pet fish in enclosed aquariums or ponds

All of the following:

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

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

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

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

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

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

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

157  Section 15 (at the end of the table)

Add:

12

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 Christmas Island 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 Christmas Island or Norfolk Island); or

(ii) was brought or imported into Australian territory (other than Christmas Island 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 Cocos (Keeling) Islands

158  Section 16 (cell at table item 1, column 2)

Repeal the cell, substitute:

The goods:

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

(b) are ready for retail sale; and

(c) either:

(i) are for personal use; or

(ii) contain, in total, less than 20% by mass of material of animal origin

159  Section 18 (table item 2)

Repeal the item, substitute:

2

Herbarium specimens, including of the following:

(a) vascular plants;

(b) nonvascular plants and fungi (including algae, lichens, mosses, liverworts and hornworts)

The goods:

(a) are in clean and new packaging; and

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

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

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

either:

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

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

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

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

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

160  Section 18 (table item 3)

Repeal the item, substitute:

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

161  Section 18 (table item 4, column 2, subparagraph (a)(iii))

Omit “and” (second occurring).

162  Section 18 (table item 4, column 2, subparagraph (a)(iv))

Repeal the subparagraph.

163  Section 18 (table item 4, column 2, paragraph (b))

Omit “(iv)”, substitute “(iii)”.

164  Section 18 (table item 9, column 2, paragraph (c))

Repeal the paragraph.

165  Section 18 (table item 9, column 2, subparagraph (e)(i))

Repeal the subparagraph, substitute:

(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

166  Section 18 (table item 10, column 1)

Omit “tea”, substitute “mixtures for human consumption”.

167  Section 18 (table item 10, column 2, subparagraph (d)(i))

Repeal the subparagraph, substitute:

(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

168  Section 18 (cell at table item 12, column 2)

Repeal the cell, substitute:

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

169  Section 18 (cell at table item 15, column 2)

Repeal the cell, substitute:

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

170  Section 18 (at the end of the table)

Add:

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

171  Section 23 (heading)

Repeal the heading, substitute:

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

172  Section 23

Omit “potting mixes”, substitute “growing media”.

173  Section 23 (table heading)

Repeal the heading, substitute:

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

174  Section 23 (table item 1, column 1)

Omit “from an FMDfree country”, substitute “that was grown, processed and packaged in, and brought or imported from, an FMDfree country”.

175  Section 23 (cell at table item 2, column 1)

Repeal the cell, substitute:

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

(a) was not grown, processed or packaged in an FMDfree country; and

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

176  Section 23 (cell at table item 3, column 1)

Repeal the cell, substitute:

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

(a) was not grown, processed or packaged in an FMDfree country; and

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

177  Section 24 (table item 1, column 1, paragraph (d))

Repeal the paragraph, substitute:

(d) herbs;

(e) fungi

178  Section 24 (after table item 4)

Insert:

4A

Species of mushrooms or fungi that are for use for medicinal purposes

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

179  Section 24 (at the end of the cell at table item 5, column 1)

Add:

; or (c) listed medicinal mushrooms

180  Section 26 (table items 5 and 6)

Repeal the items, substitute:

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

181  Section 26 (at the end of the table)

Add:

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

182  Subsection 27(2)

Repeal the subsection, substitute:

 (2) For paragraph 7(1)(b), alternative conditions for bringing or importing the goods into Cocos (Keeling) Islands are that the goods are intended for any of the following purposes:

 (a) use in human food or beverages;

 (b) cosmetic use;

 (c) invitro laboratory work;

 (d) invivo work in laboratory organisms;

 (e) human therapeutic use.

183  Subsection 27(3) (after table item 1)

Insert:

1A

Aspergillus brasiliensis

184  Subparagraph 28(2)(a)(iii)

Repeal the subparagraph.

185  Subsection 28(3) (at the end of the cell at table item 3, column headed “Highly refined organic chemicals and substances”)

Add(other than those derived from neural material)”.

186  Subsection 28(3) (table item 12, column headed “Highly refined organic chemicals and substances”)

After “animals”, insert “or microbial fermentation”.

187  Paragraph 29(2)(b)

Omit “, Ganoderma spp. or slippery elm bark”.

188  Section 30

Repeal the section, substitute:

30  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 Cocos (Keeling) Islands.

 

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 Cocos (Keeling) Islands

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 Christmas Island 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 Cocos (Keeling) Islands

3

Growing media made of plant material

The goods:

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

Note: Division 2 applies to chemical and mined fertilisers, soil conditioners and soil growth supplements (see section 35).

189  Paragraph 31(2)(a)

Repeal the paragraph, substitute:

 (a) the goods:

 (i) are intended for human consumption, invitro purposes or human therapeutic use; or

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

190  Paragraphs 31(3)(d) and (e)

Repeal the paragraphs, substitute:

 (d) if the goods contain ingredients of animal, plant or microbial origin—those ingredients are biological material specified in the table in subsection 31(4); and

 (e) the goods are accompanied by:

 (i) documentation stating the ingredients contained in the goods; or

 (ii) if applicable, a declaration or other documentation from the manufacturer of the goods stating the matter referred to in paragraph (d).

191  Subsection 31(4) (after table item 2)

Insert:

2A

Colloidal oatmeal

192  Subsection 31(4) (table item 7)

Repeal the item.

193  Subsection 31(4) (after table item 8)

Insert:

8A

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

194  Subsection 31(4) (at the end of the cell at table item 12, column headed “Biological material”)

Add(except in products intended for administration to foodproducing animals in their feed or water ration)”.

195  Subsection 31(4) (at the end of the cell at table item 13, column headed “Biological material”)

Add(except if manufactured using materials of terrestrial animal or avian origin)”.

196  Subsection 31(4) (after table item 13)

Insert:

13A

Neatsfoot oil, if present in products for topical application to humans or animals that are companion or performance animals (such as dogs, cats or horses)

197  Subsection 31(4) (after table item 24)

Insert:

24A

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

198  Subsection 31(4) (after table item 25)

Insert:

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)

199  Subsection 31(4) (at the end of the cell at table item 28, column headed “Biological material”)

Add(other than lactose)”.

200  Subsection 31(4) (after table item 28)

Insert:

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

201  Subsection 31(4) (at the end of the cell at table item 29, column headed “Biological material”)

Add(except if manufactured using materials of terrestrial animal or avian origin)”.

202  After section 31

Insert:

31A  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 Cocos (Keeling) Islands.

 

Alternative conditions—gelatine and its derivatives intended for certain purposes

Item

Column 1
Goods

Column 2
Alternative conditions

1

Gelatine intended for:

(a) human consumption; or

(b) human therapeutic use; or

(c) invitro purposes; or

(d) invivo work in laboratory organisms

The goods have been commercially prepared

2

Gelatine intended for culture media

Both of the following:

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

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

3

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

The goods:

(a) were not derived from ruminant animals; and

(b) do not contain any biological material except gelatine or biological material specified in the table in subsection 31(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)

203  Section 32 (at the end of the cell at table item 1, column 1)

Add, other than bioremedial products covered by item 2”.

204  Section 32 (at the end of the table)

Add:

2

Bioremedial products brought or imported from Australian territory (other than Christmas Island or Norfolk Island)

All of the following:

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

205  Paragraph 33(2)(b)

Repeal the paragraph, substitute:

 (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 Cocos (Keeling) Islands, the goods must be delivered directly to premises for biosecurity activities to be carried out in relation to the goods in accordance with an approved arrangement;

 (ii) the goods must be used only for invitro purposes;

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

206  Paragraphs 34(1)(a) and (b)

Repeal the paragraphs, substitute:

 (a) water;

 (b) goods containing water.

207  Paragraph 34(2)(a)

Omit “bottled”, substitute “packaged”.

208  At the end of subsection 34(2)

Add:

 ; (e) water included as an ingredient in a food product.

209  Subsection 34(3)

Repeal the subsection (not including the heading), substitute:

 (3) Goods included in a class of goods to which this section applies must not be brought or imported into Cocos (Keeling) Islands unless at least one of the following is complied with:

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

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

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

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

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

 (iii) the goods must be used only for invitro purposes.

210  Section 35

Repeal the section, substitute:

35  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 30).

Conditions—liquid chemical fertilisers

 (2) Liquid chemical fertilisers (the goods) must not be brought or imported into Cocos (Keeling) Islands 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 Christmas Island 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 Cocos (Keeling) Islands 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 Christmas Island 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)

211  After section 36

Insert:

36A  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 Cocos (Keeling) Islands unless:

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

 (b) the goods:

 (i) have undergone treatment through the application of either gamma irradiation to a minimum of 50 kGray at a facility that the Director of Biosecurity is satisfied can treat equipment that has directly or indirectly come into contact with horses so that biosecurity risks associated with the goods are managed to an acceptable level, or a disinfectant appropriate to manage biosecurity risks associated with the goods to an acceptable level; and

 (ii) have not been in contact with equine animals after being treated as referred to in subparagraph (i); and

 (iii) are accompanied by a governmentendorsed treatment certificate, stating the matters referred to in subparagraphs (i) and (ii); or

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

212  Section 38 (heading)

Repeal the heading, substitute:

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

213  At the end of subsection 38(2)

Add:

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

Part 4Alternative conditions for Norfolk Island

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

214  Subsection 5(1)

Insert:

listed fresh produce for human consumption (Norfolk Island) means a plant (or a part of a plant) or a fungus (or a part of a fungus) of a species that is listed in the List of Fresh Produce for Human Consumption with Alternative Conditions (Norfolk Island) prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 21 December 2017.

Note: A plant (or a part of a plant) or a fungus (or a part of a fungus) of a particular species is listed in the List of Fresh Produce for Human Consumption with Alternative Conditions (Norfolk Island) if the Director of Biosecurity is satisfied that the level of biosecurity risk associated with the plant (or the part of the plant) or the fungus (or the part of the fungus) is acceptable.

215  Paragraphs 6(2)(c) and (d)

Repeal the paragraphs.

216  Subsection 6(3) (table item 7, column headed “Excluded plant goods”, paragraph (b))

Omit “the United States of America (other than California, Florida or Hawaii) or another country”, substitute “a country”.

217  Subsection 6(3) (after table item 8)

Insert:

8A

Dried apricot kernels (Prunus armeniaca)

218  Subsection 7(3) (example)

Repeal the example, substitute:

Example: A person wishes to bring or import into Norfolk 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 Norfolk Island unless it is covered by an import permit. Therefore, the relevant goods must not be brought or imported into Norfolk Island unless they are covered by an import permit. The alternative conditions specified for any quantity of honey in section 14 do not apply in relation to the relevant goods.

219  Section 8 (after the heading)

Insert:

 (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.

220  Section 8

Before “For paragraph 7(1)(b)”, insert “(2)”.

221  Section 8 (table)

Repeal the table, substitute:

 

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:

(a) are preserved or tanned; or

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

2

Goods made with rawhide

Any of the following:

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

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

3

Animal bristles or hair, other than wool, goat fibre or other animal fibre

Either:

(a) the goods

(i) are clean and free from other animal or plant material and soil; and

(ii) are not for use in animal foods or fertilisers; or

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

4

Feathers

The goods:

(a) are clean and free from other animal or plant material and soil; or

(b) are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands)

5

Wool, goat fibre or other animal fibre

Either:

(a) the goods:

(i) are clean and free from other animal or plant material and soil; and

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

(iii) if the goods are not for personal use—are accompanied by evidence stating that the goods have been scoured to manage biosecurity risks associated with the goods to an acceptable level; or

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

6

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

The goods:

(a) do not require refrigeration or any further processing; or

(b) are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands)

7

Catgut derived from animal intestines

Either:

(a) all of the following:

(i) the goods were derived from bovine, caprine, ovine or porcine animals only;

(ii) the animals from which the goods were derived were free from diseases of biosecurity concern at the time they were slaughtered;

(iii) the goods were made from intestinal material only;

(iv) the goods are accompanied by a health certificate stating the matters referred to in subparagraphs (i), (ii) and (iii); or

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

8

Eggshells or eggshell ornaments

The goods:

(a) are clean and free of adhering materials; or

(b) are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands)

9

Kopi luwak

The goods:

(a) are completely embedded in resin and are intended for display only; or

(b) are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands)

10

Fishing flies

The goods:

(a) are clean and free of animal tissue; or

(b) are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands)

11

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

Either:

(a) the goods:

(i) are not viable; and

(ii) are clean and free from other animal or plant material and soil; or

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

12

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;

(f) the goods have been brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands)

13

Casein glue or gelatine glue

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

14

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)

15

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)

16

Animal trophies, artefacts or handicraft items

All of the following:

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

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

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

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

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

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

(g) the goods are accompanied by a declaration from the person importing the goods stating the matter referred to in paragraphs (c), (d) and (e)

17

Bones, horns, antlers, tusks or teeth

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

222  After section 8

Insert:

8A  Alternative conditions—live animals

  For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing certain live animals into Norfolk Island.

 

Alternative conditions—live animals

Item

Column 1
Goods

Column 2
Alternative conditions

1

Live domestic cats or dogs brought or imported from Australian territory (other than Christmas Island or Cocos (Keeling) Islands)

The animal is accompanied by a health certificate for the animal that was signed by an official veterinarian not more than 5 days before the day the animal left Australian territory (other than Christmas Island or Cocos (Keeling) Islands)

2

Live domestic cats or dogs brought or imported from New Zealand

The animal is accompanied by a health certificate for the animal that was signed by an official veterinarian not more than 5 days before the day the animal left New Zealand

223  Section 9 (after the heading)

Insert:

 (1) This section does not apply to dead fish, crustaceans 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.

224  Section 9

Before “For paragraph 7(1)(b)”, insert “(2)”.

225  Section 9 (cell at table item 4, column 2)

Repeal the cell, substitute:

Any of the following:

(a) the goods:

(i) are not viable; and

(ii) are clean and free from other animal or plant material and soil;

(b) the goods:

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

(ii) are fit for human consumption;

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

226  Section 9 (cell at table item 6, column 2)

Repeal the cell, substitute:

Any of the following:

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

(b) the goods:

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

(ii) have been commercially prepared and packaged; and

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

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

227  Section 9 (cell at table item 13, column 2)

Repeal the cell, substitute:

The goods:

(a) are clean and free from other animal or plant material and soil; or

(b) are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands)

228  Subsection 11(2) (table item 1, column 2, paragraph (c))

Omit “each packet contains less than 10% by dry weight (other than added water) of dairy products”, substitute “the total dry weight of the components of the goods (other than added water) contains less than 10% of dairy products”.

229  Subsection 11(2) (cell at table item 4, column 2)

Repeal the cell, substitute:

Either:

(a) the goods:

(i) were manufactured in an FMDfree country; and

(ii) are for personal use; or

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

230  Subsection 11(2) (cell at table item 5, column 2)

Repeal the cell, substitute:

Either:

(a) the goods:

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

(ii) are shelfstable; and

(iii) are for instant use; and

(iv) are for personal use; or

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

231  Subsection 11(2) (cell at table item 6, column 2)

Repeal the cell, substitute:

The goods:

(a) have been commercially prepared and packaged; or

(b) are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands)

232  Subsection 11(2) (cell at table item 7, column 2)

Repeal the cell, substitute:

The goods:

(a) have been commercially prepared and packaged; or

(b) are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands)

233  Section 13 (table item 1)

Repeal the item.

234  Section 13 (cell at table item 2, column 2)

Repeal the cell, substitute:

Either:

(a) all of the following:

(i) the goods have been roasted;

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

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

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

235  Section 13 (cell at table item 5, column 2)

Repeal the cell, substitute:

Either:

(a) the goods:

(i) have been commercially manufactured; and

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

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

236  Section 13 (cell at table item 7, column 2)

Repeal the cell, substitute:

Either:

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

(b) the goods:

(i) are not viable; and

(ii) are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands)

237  Section 15 (cell at table item 3, column 2)

Repeal the cell, substitute:

The goods:

(a) do not contain maize; and

(b) are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands)

238  Section 15 (cell at table item 7, column 2)

Repeal the cell, substitute:

Either:

(a) the goods:

(i) were jig caught; and

(ii) are in clean and new packaging; and

(iii) are accompanied by an official health certificate issued by the government of the exporting country stating that the cephalopods were jig caught; or

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

239  Section 15 (cell at table item 8, column 2)

Repeal the cell, substitute:

Either:

(a) the goods:

(i) were caught using trawl or purse seine fishing methods; and

(ii) contain no other ingredients; and

(iii) are in clean and new packaging; or

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

240  Section 15 (after table item 8)

Insert:

8A

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

8B

Food for consumption by pet fish in enclosed aquariums or ponds

All of the following:

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

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

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

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

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

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

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

241  Section 15 (cell at table item 9, column 2)

Repeal the cell, substitute:

The goods:

(a) are accompanied by documentation stating the ingredients in the product and the highly processed and purified nature of the goods; or

(b) are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands)

242  Section 15 (cell at table item 11, column 2)

Omit “All of the following”, substitute “The goods are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands), or all of the following”.

243  Section 15 (cell at table item 13, column 2)

Omit “All of the following”, substitute “The goods are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands), or all of the following”.

244  Section 15 (cell at table item 14, column 2)

Omit “All of the following”, substitute “The goods are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands), or all of the following”.

245  Section 15 (cell at table item 15, column 2)

Omit “All of the following”, substitute “The goods are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands), or all of the following”.

246  Section 15 (at the end of the table)

Add:

16

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 Christmas Island or Cocos (Keeling) Islands);

(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 Christmas Island or Cocos (Keeling) Islands); or

(ii) was brought or imported into Australian territory (other than Christmas Island or Cocos (Keeling) Islands) 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 Norfolk Island

247  Section 16 (cell at table item 1, column 2)

Repeal the cell, substitute:

Either:

(a) the goods:

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

(ii) are ready for retail sale; and

(iii) are for personal use or contain, in total, less than 20% by mass of material of animal origin; or

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

248  Section 16 (cell at table item 2, column 2)

Repeal the cell, substitute:

Either:

(a) the soap has been commercially prepared and the biological ingredients of the goods have undergone a process of saponification; or

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

249  Section 18 (table item 2)

Repeal the item, substitute:

2

Herbarium specimens, including of the following:

(a) vascular plants;

(b) nonvascular plants and fungi (including algae, lichens, mosses, liverworts and hornworts)

The goods:

(a) are in clean and new packaging; and

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

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

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

either:

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

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

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

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

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

250  Section 18 (table item 3)

Repeal the item, substitute:

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

251  Section 18 (table item 4, column 2, subparagraph (a)(iii))

Omit “and” (second occurring).

252  Section 18 (table item 4, column 2, subparagraph (a)(iv))

Repeal the subparagraph.

253  Section 18 (table item 4, column 2, paragraph (b))

Omit “(iv)”, substitute “(iii)”.

254  Section 18 (table item 9, column 2, paragraph (c))

Repeal the paragraph.

255  Section 18 (table item 9, column 2, subparagraph (e)(i))

Repeal the subparagraph, substitute:

(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

256  Section 18 (table item 10, column 1)

Omit “tea”, substitute “mixtures for human consumption”.

257  Section 18 (table item 10, column 2, subparagraph (d)(i))

Repeal the subparagraph, substitute:

(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

258  Section 18 (cell at table item 12, column 2)

Repeal the cell, substitute:

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

259  Section 18 (cell at table item 15, column 2)

Repeal the cell, substitute:

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

260  Section 18 (at the end of the table)

Add:

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

261  Section 22 (heading)

Repeal the heading, substitute:

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

262  Section 22

Omit “potting mixes”, substitute “growing media”.

263  Section 22 (table heading)

Repeal the heading, substitute:

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

264  Section 22 (table item 1, column 1)

Omit “from an FMDfree country”, substitute “that was grown, processed and packaged in, and brought or imported from, an FMDfree country”.

265  Section 22 (cell at table item 2, column 1)

Repeal the cell, substitute:

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

(a) was not grown, processed or packaged in an FMDfree country; and

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

266  Section 22 (cell at table item 3, column 1)

Repeal the cell, substitute:

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

(a) was not grown, processed or packaged in an FMDfree country; and

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

267  Section 23 (table item 1)

Repeal the item, substitute:

1

Unprocessed fresh fruit, vegetables, fungi, leaves or herbs, other than goods covered by another item in this table

All of the following:

(a) the goods are listed fresh produce for human consumption (Norfolk Island);

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

(c) the goods have been washed or brushed to remove all soil and other exogenous material, including stems and roots;

(d) the goods are free from visual symptoms of disease and of live insects;

(e) the goods are securely packed and wrapped in clean and new packaging that prevents infestation by insects;

(f) the goods are accompanied by a certificate that has been issued:

(i) under the Interstate Certification Assurance Scheme administered by a State or Territory body; or

(ii) by a Commonwealth body that has responsibility for matters relating to plant health; or

(iii) by a State or Territory body that has responsibility for matters relating to plant health in the State or Territory from which the goods are brought or imported;

(g) the certificate referred to in paragraph (f):

(i) describes the goods to which the certificate relates, including by reference to the common name of the goods, distinguishing marks such as the name of the brand or grower, and the volume (including the number of packages and weight) of the goods; and

(ii) states that the goods have been inspected and that the conditions in paragraphs (a) to (e) are met;

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

1A

Onions

All of the following:

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

(b) the goods have been washed or brushed to remove all soil and other exogenous material, including stems and roots;

(c) the goods are free from visual symptoms of disease and of live insects;

(d) the goods are securely packed and wrapped in clean and new packaging that prevents infestation by insects;

(e) the goods were sourced from areas where onion smut (Urocystis cepulae) is not known to occur;

(f) the goods are accompanied by a certificate that has been issued:

(i) under the Interstate Certification Assurance Scheme administered by a State or Territory body; or

(ii) by a Commonwealth body that has responsibility for matters relating to plant health; or

(iii) by a State or Territory body that has responsibility for matters relating to plant health in the State or Territory from which the goods are brought or imported;

(g) the certificate referred to in paragraph (f):

(i) describes the goods to which the certificate relates, including by reference to the common name of the goods, distinguishing marks such as the name of the brand or grower, and the volume (including the number of packages and weight) of the goods; and

(ii) states that the goods have been inspected and that the conditions in paragraphs (a) to (e) are met;

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

1B

Potatoes

All of the following:

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

(b) the goods have been washed or brushed to remove all soil and other exogenous material, including stems and roots;

(c) the goods are free from visual symptoms of pests (including stem and bulb nematode), of disease (including pink rot, Rhizoctonia Canker (Rhizoctonia solani) and potato viruses) and of live insects;

(d) the goods are securely packed and wrapped in clean and new packaging that prevents infestation by insects;

(e) the goods were sourced from properties that are free from potato cyst nematode (Globodera rostochiensis) and bacterial wilt (Ralstonia solanacearum);

(f) the goods are accompanied by a certificate that has been issued:

(i) under the Interstate Certification Assurance Scheme administered by a State or Territory body; or

(ii) by a Commonwealth body that has responsibility for matters relating to plant health; or

(iii) by a State or Territory body that has responsibility for matters relating to plant health in the State or Territory from which the goods are brought or imported;

(g) the certificate referred to in paragraph (f):

(i) describes the goods to which the certificate relates, including by reference to the common name of the goods, distinguishing marks such as the name of the brand or grower, and the volume (including the number of packages and weight) of the goods; and

(ii) states that the goods have been inspected and that the conditions in paragraphs (a) to (e) are met;

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

268  Section 23 (at the end of the table)

Add:

5

Species of mushrooms or fungi that are for use for medicinal purposes

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

6

Popping corn

The goods:

(a) have been commercially prepared and packaged in packets; and

(b) are ready for retail sale; and

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

269  Section 24 (at the end of the table)

Add:

4

Maize seeds for sowing

The goods:

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

(b) have been commercially prepared and packaged in packets that each contain a quantity of up to 50 grams of the goods; and

(c) are ready for retail sale; and

(d) are labelled with the botanical name (including genus and species) of the goods; and

(e) are not a genetically modified organism; and

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

5

Maize seeds for sowing, other than maize seeds covered by item 4

All of the following:

(a) the goods were grown and packed in a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands);

(b) the goods have been commercially packed in clean and new packaging that is labelled with the botanical name (including genus and species) of the goods;

(c) the goods are free from visual symptoms of disease and from live insects, seeds of other plants (including weeds and crops), soil, and any other contaminants;

(d) the goods:

(i) were grown in an area in which boil smut (Ustilago maydis) is not known to occur; or

(ii) were sourced from crops that were inspected before they were harvested and were found to be free of boil smut (Ustilago maydis); or

(iii) have been treated with Vitavax 200FF flowable fungicide;

(e) the goods:

(i) were grown in an area in which sugarcane mosaic virus, barley yellow dwarf virus, cereal chlorotic mottle virus, johnsongrass mosaic virus, maize stripe virus, and wheat streak virus are not known to occur; or

(ii) were sourced from crops that were inspected before they were harvested and were found to be free of the viruses referred to in subparagraph (i);

(f) the goods are accompanied by a certificate that has been issued:

(i) under the Interstate Certification Assurance Scheme administered by a State or Territory body; or

(ii) by a Commonwealth body that has responsibility for matters relating to plant health; or

(iii) by a State or Territory body that has responsibility for matters relating to plant health in the State or Territory from which the goods are brought or imported;

(g) the certificate referred to in paragraph (f) states that the goods have been inspected and that the conditions in paragraphs (a) to (e) are met;

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

270  Section 25 (table items 5 and 6)

Repeal the items, substitute:

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

271  Section 25 (at the end of the table)

Add:

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

272  Subsection 26(2)

Repeal the subsection, substitute:

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

 (a) use in human food or beverages;

 (b) cosmetic use;

 (c) invitro laboratory work;

 (d) invivo work in laboratory organisms;

 (e) human therapeutic use.

273  Subsection 26(3) (after table item 1)

Insert:

1A

Aspergillus brasiliensis

274  Subparagraph 27(2)(a)(iii)

Repeal the subparagraph.

275  Subsection 27(3) (at the end of the cell at table item 3, column headed “Highly refined organic chemicals and substances”)

Add(other than those derived from neural material)”.

276  Subsection 27(3) (table item 12, column headed “Highly refined organic chemicals and substances”)

After “animals”, insert “or microbial fermentation”.

277  Paragraph 28(2)(b)

Omit “, Ganoderma spp. or slippery elm bark”.

278  Section 29

Repeal the section, substitute:

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 Norfolk 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 Norfolk 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 Christmas Island or Cocos (Keeling) Islands);

(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 Norfolk Island

3

Growing media made of plant material

The goods:

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

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

279  Paragraph 30(2)(a)

Repeal the paragraph, substitute:

 (a) the goods are:

 (i) intended for human consumption, invitro purposes or human therapeutic use; or

 (ii) contained in cosmetics for human use; and

280  Paragraphs 30(3)(d) and (e)

Repeal the paragraphs, substitute:

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

 (e) the goods are accompanied by:

 (i) documentation stating the ingredients contained in the goods; or

 (ii) if applicable, a declaration or other documentation from the manufacturer of the goods stating the matter referred to in paragraph (d).

281  Subsection 30(4) (after table item 2)

Insert:

2A

Colloidal oatmeal

282  Subsection 30(4) (table item 7)

Repeal the item.

283  Subsection 30(4) (after table item 8)

Insert:

8A

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

284  Subsection 30(4) (at the end of the cell at table item 12, column headed “Biological material”)

Add “(except in products intended for administration to foodproducing animals in their feed or water ration)”.

285  Subsection 30(4) (at the end of the cell at table item 13, column headed “Biological material”)

Add(except if manufactured using materials of terrestrial animal or avian origin)”.

286  Subsection 30(4) (after table item 13)

Insert:

13A

Neatsfoot oil, if present in products for topical application to humans or animals that are companion or performance animals (such as dogs, cats or horses)

287  Subsection 30(4) (after table item 24)

Insert:

24A

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

288  Subsection 30(4) (after table item 25)

Insert:

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)

289  Subsection 30(4) (at the end of the cell at table item 28, column headed “Biological material”)

Add(other than lactose)”.

290  Subsection 30(4) (after table item 28)

Insert:

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

291  Subsection 30(4) (at the end of the cell at table item 29, column headed “Biological material”)

Add(except if manufactured using materials of terrestrial animal or avian origin)”.

292  After section 30

Insert:

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 Australian territory.

 

Alternative conditions—gelatine and its derivatives intended for certain purposes

Item

Column 1
Goods

Column 2
Alternative conditions

1

Gelatine intended for:

(a) human consumption; or

(b) human therapeutic use; or

(c) invitro purposes; or

(d) invivo work in laboratory organisms

The goods have been commercially prepared

2

Gelatine intended for culture media

Both of the following:

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

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

3

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

The goods:

(a) were not derived from ruminant animals; and

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

293  Section 31 (at the end of the cell at table item 1, column 1)

Add, other than bioremedial products covered by item 2”.

294  Section 31 (at the end of the table)

Add:

2

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

All of the following:

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

(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 Norfolk Island

295  Paragraph 32(2)(b)

Repeal the paragraph, substitute:

 (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 Norfolk Island, the goods must be delivered directly to premises for biosecurity activities to be carried out in relation to the goods in accordance with an approved arrangement;

 (ii) the goods must be used only for invitro purposes;

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

296  Paragraphs 33(1)(a) and (b)

Repeal the paragraphs, substitute:

 (a) water;

 (b) goods containing water.

297  Paragraph 33(2)(a)

Omit “bottled”, substitute “packaged”.

298  At the end of subsection 33(2)

Add:

 ; (e) water included as an ingredient in a food product.

299  Subsection 33(3)

Repeal the subsection (not including the heading), substitute:

 (3) Goods included in a class of goods to which this section applies must not be brought or imported into Australian territory unless at least one of the following is complied with:

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

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

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

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

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

 (iii) the goods must be used only for invitro purposes.

300  Section 34

Repeal the section, substitute:

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 Norfolk 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 Christmas Island or Cocos (Keeling) Islands).

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 Norfolk 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 Christmas Island or Cocos (Keeling) Islands); 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)

301  After section 35

Insert:

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 Norfolk 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 governmentendorsed treatment certificate, stating the matters referred to in subparagraphs (i) and (ii); or

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

302  Section 37 (heading)

Repeal the heading, substitute:

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

303  At the end of subsection 37(2)

Add:

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

Schedule 2Amendments commencing 1 March 2018

Part 1Alternative conditions for the mainland

Biosecurity (Prohibited and Conditionally Nonprohibited Goods) Determination 2016

1  Section 5 (definition of listed fresh cut flowers or foliage)

Omit “prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 30 June 2017”.

2  Section 5 (note at the end of the definition of listed fresh cut flowers or foliage)

Repeal the note, substitute:

Note: Flowers or foliage (or a part of a flower or foliage) of a particular species, or from a particular country, are listed in the List of Species of Fresh Cut Flowers and Foliage with Alternative Conditions for Import if the Director of Biosecurity is satisfied that:

(a) the level of biosecurity risk associated with fresh cut flowers or foliage (or a part of a flower or foliage) of that species, or from that country, is acceptable; or

(b) biosecurity risks associated with fresh cut flowers or foliage (or a part of a flower or foliage) of that species, or from that country, can be managed to an acceptable level if the species are produced in accordance with a listed systems approach, or a listed treatment is applied to the species.

3  Section 5

Insert:

List of Species of Fresh Cut Flowers and Foliage with Alternative Conditions for Import means the List with that name prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 1 March 2018.

4  Section 26 (table)

Repeal the table, substitute:

 

Alternative conditions—fresh cut flowers and foliage for decorative purposes

Item

Column 1
Goods

Column 2
Alternative conditions

1

Fresh cut flowers and foliage other than for personal use

All of the following:

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

(b) the goods are of a species that:

(i) were produced in accordance with a systems approach in a country listed for that species and that systems approach in the List of Species of Fresh Cut Flowers and Foliage with Alternative Conditions for Import; or

(ii) have been treated with methylbromide in a country listed for that species and that treatment in the List referred to in subparagraph (i); or

(iii) have been treated with an alternative treatment in a country listed for that species and that treatment in the List referred to in subparagraph (i);

(c) if the goods are of a species for which devitalisation treatment is listed in the List referred to in subparagraph (b)(i)—the listed devitalisation treatment has been applied to the goods;

(d) the goods are free from pests;

(e) the goods are packaged in pestproof cartons or containers;

(f) the goods are accompanied by a phytosanitary certificate stating:

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

(ii) the matters specified in paragraphs (a) to (e)

2

Fresh cut flowers and foliage for personal use

The goods:

(a) are listed fresh cut flowers or foliage; and

(b) are for personal use and brought in as baggage; and

(c) are in a quantity of not more than 6 small boxes, bouquets or equivalent

3

Lilium spp. cut flowers other than for personal use

All of the following:

(a) the goods were grown and produced in Taiwan;

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

(c) the goods:

(i) were produced in accordance with a systems approach listed for the goods in the List of Species of Fresh Cut Flowers and Foliage with Alternative Conditions for Import; or

(ii) have been treated with methylbromide; or

(iii) have been treated with an alternative treatment listed for the goods in the List referred to in subparagraph (i);

(d) the goods are free from pests;

(e) the goods are packaged in pestproof cartons or containers;

(f) the goods are accompanied by a phytosanitary certificate stating:

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

(ii) the matters specified in paragraphs (a) to (e)

4

Lilium spp. cut flowers for personal use

The goods:

(a) were grown and produced in Taiwan; and

(b) are for personal use and brought in as baggage; and

(c) are in a quantity of not more than 6 small boxes, bouquets or equivalent

Part 2Alternative conditions for Christmas Island

Biosecurity (Prohibited and Conditionally Nonprohibited Goods—Christmas Island) Determination 2016

5  Subsection 5(1)

Insert:

listed fresh cut flowers or foliage (external Territories) 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 (External Territories) prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 1 March 2018.

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 (External Territories) 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.

6  Section 20 (table)

Repeal the table, substitute:

 

Alternative conditions—fresh cut flowers and foliage for decorative purposes

Item

Column 1
Goods

Column 2
Alternative conditions

1

Fresh cut flowers and foliage

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 are listed fresh cut flowers or foliage (external Territories);

(c) the goods have been treated in a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island) with methylbromide, 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;

(d) the goods are free from pests;

(e) the goods are packaged in pestproof cartons or containers;

(f) the goods are accompanied by a certificate that has been issued:

(i) under the Interstate Certification Assurance Scheme administered by a State or Territory body; or

(ii) by a Commonwealth body that has responsibility for matters relating to plant health; or

(iii) by a State or Territory body that has responsibility for matters relating to plant health in the State or Territory from which the goods are brought or imported;

(g) the certificate referred to in paragraph (f) states all of the following:

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

(ii) that the goods have been inspected;

(iii) that the conditions in paragraphs (b) to (e) are met;

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

2

Lilium spp. cut flowers

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 are commercial hybrid varieties and are free from stem bulbils;

(c) the goods have been treated in a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island) with methylbromide, 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;

(d) the goods are free from pests;

(e) the goods are packaged in pestproof cartons or containers;

(f) the goods are accompanied by a certificate that has been issued:

(i) under the Interstate Certification Assurance Scheme administered by a State or Territory body; or

(ii) by a Commonwealth body that has responsibility for matters relating to plant health; or

(iii) by a State or Territory body that has responsibility for matters relating to plant health in the State or Territory from which the goods are brought or imported;

(g) the certificate referred to in paragraph (f) states all of the following:

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

(ii) that the goods have been inspected;

(iii) that the conditions in paragraphs (b) to (e) are met;

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

Part 3Alternative conditions for Cocos (Keeling) Islands

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

7  Subsection 5(1)

Insert:

listed fresh cut flowers or foliage (external Territories) 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 (External Territories) prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 1 March 2018.

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 (External Territories) 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.

8  Section 21 (table)

Repeal the table, substitute:

 

Alternative conditions—fresh cut flowers and foliage for decorative purposes

Item

Column 1
Goods

Column 2
Alternative conditions

1

Fresh cut flowers and foliage

All of the following:

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

(b) the goods are listed fresh cut flowers or foliage (external Territories);

(c) the goods have been treated in a part of Australian territory (other than Christmas Island or Norfolk Island) with methylbromide, 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;

(d) the goods are free from pests;

(e) the goods are packaged in pestproof cartons or containers;

(f) the goods are accompanied by a certificate that has been issued:

(i) under the Interstate Certification Assurance Scheme administered by a State or Territory body; or

(ii) by a Commonwealth body that has responsibility for matters relating to plant health; or

(iii) by a State or Territory body that has responsibility for matters relating to plant health in the State or Territory from which the goods are brought or imported;

(g) the certificate referred to in paragraph (f) states all of the following:

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

(ii) that the goods have been inspected;

(iii) that the conditions in paragraphs (b) to (e) are met;

(h) the goods are presented to a biosecurity officer for inspection on arrival at a landing place or port in Cocos (Keeling) Islands

2

Lilium spp. cut flowers

All of the following:

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

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

(c) the goods have been treated in a part of Australian territory (other than Christmas Island or Norfolk Island) with methylbromide, 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;

(d) the goods are free from pests;

(e) the goods are packaged in pestproof cartons or containers;

(f) the goods are accompanied by a certificate that has been issued:

(i) under the Interstate Certification Assurance Scheme administered by a State or Territory body; or

(ii) by a Commonwealth body that has responsibility for matters relating to plant health; or

(iii) by a State or Territory body that has responsibility for matters relating to plant health in the State or Territory from which the goods are brought or imported;

(g) the certificate referred to in paragraph (f) states all of the following:

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

(ii) that the goods have been inspected;

(iii) that the conditions in paragraphs (b) to (e) are met;

(h) the goods are presented to a biosecurity officer for inspection on arrival at a landing place or port in Cocos (Keeling) Islands

Part 4Alternative conditions for Norfolk Island

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

9  Subsection 5(1)

Insert:

listed fresh cut flowers or foliage (external Territories) 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 (External Territories) prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 1 March 2018.

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 (External Territories) 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.

10  After section 20

Insert:

20A  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 Norfolk 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

All of the following:

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

(b) the goods are listed fresh cut flowers or foliage (external Territories);

(c) the goods have been treated in a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands) with methylbromide, 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;

(d) the goods are free from pests;

(e) the goods are packaged in pestproof cartons or containers;

(f) the goods are accompanied by a certificate that has been issued:

(i) under the Interstate Certification Assurance Scheme administered by a State or Territory body; or

(ii) by a Commonwealth body that has responsibility for matters relating to plant health; or

(iii) by a State or Territory body that has responsibility for matters relating to plant health in the State or Territory from which the goods are brought or imported;

(g) the certificate referred to in paragraph (f) states all of the following:

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

(ii) that the goods have been inspected;

(iii) that the conditions in paragraphs (b) to (e) are met;

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

2

Lilium spp. cut flowers

All of the following:

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

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

(c) the goods have been treated in a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands) with methylbromide, 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;

(d) the goods are free from pests;

(e) the goods are packaged in pestproof cartons or containers;

(f) the goods are accompanied by a certificate that has been issued:

(i) under the Interstate Certification Assurance Scheme administered by a State or Territory body; or

(ii) by a Commonwealth body that has responsibility for matters relating to plant health; or

(iii) by a State or Territory body that has responsibility for matters relating to plant health in the State or Territory from which the goods are brought or imported;

(g) the certificate referred to in paragraph (f) states all of the following:

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

(ii) that the goods have been inspected;

(iii) that the conditions in paragraphs (b) to (e) are met;

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