Biosecurity (2023 Infringement Notices) Determination 2022

I, Andrew Edgar Francis Metcalfe AO, Director of Biosecurity, make the following determination.

Dated  12 December 2022  

1. Metcalfe

Contents

1  Name

2  Commencement

3  Authority

4  Period in force

5  Definitions

6  Category 1 goods

7  Category 2 goods

8  Repeal

1  Name

  This instrument is the Biosecurity (2023 Infringement Notices) Determination 20222.

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.

Note: This table relates only to the provisions of this instrument as originally made.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 524A(1) of the Biosecurity Act 2015.

Note: This instrument lists classes of goods (called category 1 goods and category 2 goods) in relation to which the Director of Biosecurity is reasonably satisfied there is a high level of biosecurity risk. An infringement notice for an alleged contravention of certain provisions of the Biosecurity Act 2015 may state 12 penalty units if the contravention relates to category 1 goods and 6 penalty units if the contravention relates to category 2 goods (see subsection 524(4) of the Biosecurity Act 2015 and regulations made for the purpose of that subsection).

4  Period in force

This instrument is in force for 12 months beginning on 1 January 2023.

5  Definitions

  In this instrument:

animal fluid means any fluid of an animal including animal blood, animal sera and animal secretions, but does not include any of the following:

(a)    animal semen;

(b)    animal fluids that form part of meat or meat products.

animal reproductive material means any part of an animal from which another animal can be produced, and includes an embryo, an egg or ovum, or semen.

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

animal tissue does not include:

(a)    a living animal;

(b)    animal reproductive material; or

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

(i)                  skin;

(ii)               hide;

(iii)             wool;

(iv)              hair;

(v)                bristles;

(vi)              feathers;

(vii)            tusks;

(viii)          teeth;

(ix)              antlers;

(x)                horn;

(xi)              glue pieces;

(xii)            bones.

meat:

(a)    means a part of an animal (other than a fish, cetacean, mollusc, crustacean, cnidarian, echinoderm or a tunicate) that is intended or able to be used as food by a human being or an animal (whether or not it is cooked, dried or otherwise processed); and

(b)    includes blood, bone‑meal, meat meal, tallow and fat.

meat product means a product:

(a)    that contains meat; or

(b)    of which meat is an ingredient.

retorted means heated in a hermetically‑sealed container to a minimum core temperature of 100°C, obtaining an F0 value of at least 2.8.

6  Category 1 goods

The following goods are listed as category 1 goods:

(a)    live plants;

(b)    whole unprocessed seeds that are intended for sowing;

(c)    meat and meat products, except meat or meat products that have been retorted;

(d)    animal reproductive material, excluding avian eggs and roe that are intended for, or are able to be used for, human consumption (whether or not they are cooked, dried or otherwise processed);

(e)    animal fluids;

(f)     animal tissue that is not intended for human consumption (whether or not it is cooked, dried or otherwise processed);

(g)    prawns that are raw or partially raw (that is, not sufficiently cooked to coagulate all of the protein in the prawn meat);

(h)    live animals, and the remains of animals that have died in transit before arriving in Australian territory or on arrival in Australian territory;

(i)     veterinary vaccines.

7  Category 2 goods

  The following goods are listed as category 2 goods:

(a)    fresh fruit;

(b)    fresh vegetables;

(c)    fresh fungi;

(d)    fresh leaves;

(e)    fresh herbs;

(f)     fresh cut flowers;

(g)    whole unprocessed seeds that are not intended for sowing.

8  Repeal

  This instrument is repealed at the start of 1 January 2024.