{"id":"F2025L01612","name":"Biosecurity (2026 Infringement Notices) Determination 2025","slug":"biosecurity-2026-infringement-notices-determination-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443098,"registerId":"F2025L01612-fast-fetch-1775958023305","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity (2026 Infringement Notices) Determination 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nBiosecurity (2026 Infringement Notices) Determination 2025\n\nI, Victoria Anderson, Director of Biosecurity, make the following determination.\n\nDated 15 December 2025 \n\n \n\nVictoria Anderson\n\nDirector of Biosecurity\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Period in force\n\n5 Definitions\n\nPart 2—Category 1 and category 2 goods\n\n6 Category 1 goods\n\n7 Category 2 goods\n\n8 Repeal\n\nSchedule 1—Specified countries\n\n \n\nPart 1—Preliminary\n\n1 Name\n\n This instrument is the Biosecurity (2026 Infringement Notices) Determination 2025.\n\n2 Commencement\n\n (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.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 January 2026. 1 January 2026\n\n\nNote This table relates only to the provisions of this instrument as originally made.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.\n\n (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.\n\n3 Authority\n\n This instrument is made under subsection 524A(1) of the Biosecurity Act 2015.\n\nNote: 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, for the purposes of section 524 of the Biosecurity Act 2015. If an infringement notice for an alleged contravention of the Biosecurity Act 2015 in circumstances covered by subsection 88(2) of the Biosecurity Regulation 2016 is issued, the amount of penalty units to be stated on the infringement notice is 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).\n\n4 Period in force\n\n This instrument is in force for 12 months beginning on 1 January 2026.\n\n5 Definitions\n\n (1) In this instrument:\n\nanimal fluid means any fluid of an animal including blood, sera and animal secretions, but does not include any of the following:\n\n (a) semen;\n\n (b) fluids that are part of meat or meat products.\n\nanimal reproductive material has the same meaning as in the Biosecurity Regulation 2016.\n\nanimal secretion includes animal excretions and animal exudates, but does not include silk or wax.\n\nanimal tissue does not include:\n\n (a) a living animal; or\n\n (b) animal reproductive material; or\n\n (c) any of the following, if without adhering tissue:\n\n (i) skin;\n\n (ii) hide;\n\n (iii) wool;\n\n (iv) hair;\n\n (v) bristles;\n\n (vi) feathers;\n\n (vii) tusks;\n\n (viii) teeth;\n\n (ix) antlers;\n\n (x) horn;\n\n (xi) glue pieces;\n\n (xii) bones.\n\nhermetically‑sealed container means a container that is airtight when sealed.\n\nmeat:\n\n (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\n\n (b) includes blood, bone-meal, meat meal, tallow and fat.\n\nmeat product means a product:\n\n (a) that contains meat; or\n\n (b) of which meat is an ingredient.\n\nretorted means heated in a hermetically-sealed container to a minimum core temperature of 100°C, obtaining an F0 value of at least 2.8.\n\nshelf-stable has the meaning given by subsection (2).\n\n (2) Goods are shelf‑stable if:\n\n (a) the goods have been commercially manufactured; and\n\n (b) the goods have been packaged by the manufacturer; and\n\n (c) the goods are in that package; and\n\n (d) the package has not been opened or broken; and\n\n (e) the goods are able to be stored in the package at room or ambient temperature; and\n\n (f) the goods do not require refrigeration or freezing before the package is opened.\n\n \n\nPart 2—Category 1 and category 2 goods\n\n6 Category 1 goods\n\n (1) The following goods are listed as category 1 goods:\n\n (a) live plants;\n\n (b) whole unprocessed seeds that are intended for sowing;\n\n (c) subject to subsection (2), meat and meat products ;\n\n (d) animal reproductive material (whether or not it is cooked, dried or otherwise processed), other than roe and avian eggs that are intended for, or able to be used for, human consumption;\n\n (e) animal fluids;\n\n (f) animal tissue that is not intended for human consumption (whether or not it is cooked, dried or otherwise processed);\n\n (g) prawns that are not fully cooked;\n\n (h) live animals, and the remains of animals that have died in transit before arriving in Australian territory or on arrival in Australian territory; \n\n (i) veterinary vaccines.\n\n (2) Paragraph (1)(c) does not apply to any of the following goods:\n\n (a) meat or meat products that have been retorted;\n\n (b) meat-based flavouring products that:\n\n (i) have been commercially manufactured and packaged; and\n\n (ii) do not contain any discernible pieces of meat; and\n\n (iii) are for personal use; and\n\n (iv) are for human consumption; and\n\n (v) if the goods were derived from bovine, caprine, ovine or porcine animals—are clearly labelled by the manufacturer as a product of a country specified in Schedule 1; \n\n (c) meat or meat products from New Zealand (other than goods that are derived from avian or porcine animals or that contain meat or meat products that are derived from avian or porcine animals) that:\n\n (i) are a product of Australia or New Zealand; and\n\n (ii) are for personal use; and\n\n (iii) are for human consumption; and\n\n (iv) are accompanied by evidence that the goods are a product of Australia or New Zealand;\n\n (d) pork crackling or pork rind that:\n\n (i) is shelf-stable; and\n\n (ii) is for personal use; and\n\n (iii) is for human consumption; and\n\n (iv) is clearly labelled by the manufacturer as a product of a country specified in Schedule 1;\n\n (e) meat floss that:\n\n (i) has been commercially manufactured; and\n\n (ii) is for personal use; and\n\n (iii) is for human consumption; and\n\n (iv) if derived from bovine, caprine, ovine or porcine animals—is clearly labelled by the manufacturer as a product of a country specified in Schedule 1;\n\n (f) meat jerky or biltong (other than meat jerky or biltong derived from porcine animals) that:\n\n (i) is shelf-stable; and\n\n (ii) is for personal use; and\n\n (iii) is for human consumption; and\n\n (iv) is not more than 1 kilogram; and\n\n (v) if derived from bovine, caprine or ovine animals —is clearly labelled by the manufacturer as a product of a country specified in Schedule 1.\n\n7 Category 2 goods\n\n The following goods are listed as category 2 goods:\n\n (a) fresh fruit;\n\n (b) fresh vegetables;\n\n (c) fresh fungi;\n\n (d) fresh leaves;\n\n (e) fresh herbs;\n\n (f) fresh cut flowers;\n\n (g) whole unprocessed seeds that are not intended for sowing.\n\n8 Repeal\n\n This instrument is repealed at the start of 1 January 2027.\n\n\n\n\nSchedule 1—Specified countries \n\nNote: See paragraphs 6(2)(b), (d), (e) and (f).\n\n1 Specified countries\n\nEach of the following countries is specified.\n\n| • Australia
• Austria
• Belgium
• Bosnia and Herzegovina
• Canada
• Chile
• Croatia
• Cyprus
• Czechia (Czech Republic)
• Denmark
• Estonia
• Finland
• France
• Germany
• Greece
• Iceland
• Ireland, Republic of
• Italy
• Japan
• Latvia
• Lithuania
| • Luxembourg
• Malta
• Mexico
• Montenegro
• Netherlands
• New Caledonia
• New Zealand
• North Macedonia, Republic of
• Norway
• Poland
• Portugal
• Romania
• San Marino
• Serbia
• Singapore
• Slovenia
• Spain
• Sweden
• Switzerland
• United Kingdom
• United States of America
• Vanuatu
|\n| --- | --- |\n\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument does not alter the underlying Biosecurity Act; it specifies which classes of goods are to attract two differing infringement‑notice penalty levels for a 12‑month period (ss3,6–7,4,8). It clarifies and narrows application by listing goods and detailed exemptions rather than expanding statutory powers, so it functions as a temporary, administrative specification of scope rather than a substantive change to the Act."},"complexity_factors":["Technical definitions in s5 (meat, meat product, shelf‑stable, retorted, animal tissue, animal fluid) create interpretive detail for enforcement.","Detailed exemptions to category 1 meat rules in s6(2) (multiple conditional subparagraphs including labelling, packaging, weight limits and country of origin) increase compliance-check complexity.","Interaction with the Biosecurity Act penalty scheme: instrument made under s524A(1) and operationalises penalty amounts referenced in the note (subsection 524(4) of the Act), requiring cross‑reference to primary legislation.","Schedule 1 specifies a long list of countries affecting labelling and origin exemptions (affects proof and documentary checks).","Temporal limitation (12‑month force period, ss2,4,8) creates recurring administrative work to renew or revise listings.","Discretion concentrated in the Director of Biosecurity (s3) — lists and durations are administrative determinations rather than legislative amendments.","Scope of affected persons is broad (travellers, mail, importers, handlers) but enforcement will hinge on evidence standards (e.g. ‘for personal use’, ‘product of’ certificates) set in exemptions.","Overlap between categories (e.g. whole unprocessed seeds appear in both categories with differing intent tests) creates possible edge cases for enforcement."],"plain_english_summary":"This determination lists specific goods the Director of Biosecurity has identified as high‑risk and sets two infringement‑notice penalty levels: 12 penalty units for category 1 goods and 6 penalty units for category 2 goods (see s3 and note). It commences 1 January 2026 and runs for 12 months (ss2,4). It affects travellers, importers and handlers by increasing the compliance and enforcement focus on the listed goods."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument operates within its original intended scope as a time-limited determination specifying penalty tiers for biosecurity infringement notices. It does not expand beyond the enabling provision (Biosecurity Act 2015, section 524A) which expressly contemplates this classification function."},"complexity_factors":["Multiple nested exceptions in section 6(2) for meat products, with up to 5 cumulative conditions per exception","Cross-references to Biosecurity Act 2015 (section 524) and Biosecurity Regulation 2016 (section 88)","7 defined terms in section 5, some with their own sub-definitions (e.g., 'shelf-stable' has 6 criteria)","Schedule 1 contains 42 specified countries that must be checked against product labels","Temporal limitation (12-month sunset clause in section 8) creates conditional applicability","Distinguishing between goods 'intended for sowing' vs 'not intended for sowing' for seeds requires subjective assessment"],"plain_english_summary":"This law sets on-the-spot biosecurity fines for goods entering Australia by grouping items into high-risk (12 penalty units) and medium-risk (6 penalty units) categories, so breaches at the border attract different infringement amounts.\n\nIt notes exceptions that treat some processed or approved meats as lower risk. It affects travellers, importers and mail recipients and only runs for 12 months (calendar year 2026)."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-2026-infringement-notices-determination-2025","history":"/api/acts/biosecurity-2026-infringement-notices-determination-2025/history","analysis":"/api/acts/biosecurity-2026-infringement-notices-determination-2025/analysis","conflicts":"/api/acts/biosecurity-2026-infringement-notices-determination-2025/conflicts","importantCases":"/api/acts/biosecurity-2026-infringement-notices-determination-2025/important-cases","documents":"/api/acts/biosecurity-2026-infringement-notices-determination-2025/documents"}}