{"id":"F2016L00909","name":"Biosecurity (Prohibited and Conditionally Non-prohibited Goods—Torres Strait) Determination 2016","slug":"biosecurity-prohibited-and-conditionally-non-prohibited-goods-torres-strait-determination-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438787,"registerId":"F2016L00909-fast-fetch-1775955071428","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity (Prohibited and Conditionally Non-prohibited Goods—Torres Strait) Determination 2016","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![](image.001.jpeg)\n\n \n\nBiosecurity (Prohibited and Conditionally Non‑prohibited Goods—Torres Strait) Determination 2016\n\nWe, Daryl Quinlivan, Director of Biosecurity, and Anthony Hobbs, Director of Human Biosecurity, make the following determination.\n\nDated 27 May 2016\n\nDaryl Quinlivan Anthony Hobbs\n\nDirector of Biosecurity Director of Human Biosecurity\n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Purpose of this instrument\n\n5 Definitions\n\nPart 2—Conditionally non‑prohibited goods\n\nDivision 1—Animals, plants and related goods\n\n6 Classes of goods to which this Division applies\n\n7 Conditions—general\n\n8 Alternative conditions—dead animals, animal parts and related goods\n\n9 Alternative conditions—meat and meat products for human consumption\n\n10 Alternative conditions—dairy products for human consumption\n\n11 Alternative conditions—produce for human consumption\n\n12 Alternative conditions—egg products for human consumption\n\n13 Alternative conditions—miscellaneous plant materials and plant products\n\nDivision 2—Other goods\n\n14 Bottles of water\n\n15 Soil\n\n16 Used machinery and equipment\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This is the Biosecurity (Prohibited and Conditionally Non-prohibited Goods—Torres Strait) Determination 2016.\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 At the same time as section 3 of the Biosecurity Act 2015 commences. 16 June 2016\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 174(1) of the Biosecurity Act 2015.\n\n4  Purpose of this instrument\n\n  For subsection 174(1) of the Act, Part 2 of this instrument provides that specified classes of goods must not be brought or imported into the destination part of Australian territory specified in column 2 of item 9, 10 or 11 of the table in section 5 of the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 from the origin part of Australian territory specified in column 1 of that item unless specified conditions are complied with.\n\nNote 1: Items 9, 10 and 11 of the table in section 5 of the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 relate to movements of goods from the protected zone area or the Torres Strait permanent biosecurity monitoring zone to another part of Australian territory.\n\nNote 2: A reference to Australian territory includes Norfolk Island on and after 1 July 2016.\n\nNote 3: Goods included in a specified class of goods are conditionally non‑prohibited goods for the purposes of the Act.\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) animal;\n\n(b) Australian territory;\n\n(c) goods;\n\n(d) plant.\n\n (1) In this instrument:\n\nAct means the Biosecurity Act 2015.\n\ndestination part means a destination part of Australian territory specified in column 2 of item 9, 10 or 11 of the table in section 5 of the Regulated Movements Declaration.\n\nitem 9 destination part means the destination part of Australian territory specified in column 2 of item 9 of the table in section 5 of the Regulated Movements Declaration.\n\nitem 9 origin part means the origin part of Australian territory specified in column 1 of item 9 of the table in section 5 of the Regulated Movements Declaration.\n\nitem 10 destination part means the destination part of Australian territory specified in column 2 of item 10 of the table in section 5 of the Regulated Movements Declaration.\n\nitem 10 origin part means the origin part of Australian territory specified in column 1 of item 10 of the table in section 5 of the Regulated Movements Declaration.\n\nitem 11 destination part means the destination part of Australian territory specified in column 2 of item 11 of the table in section 5 of the Regulated Movements Declaration.\n\nitem 11 origin part means the origin part of Australian territory specified in column 1 of item 11 of the table in section 5 of the Regulated Movements Declaration.\n\norigin part means an origin part of Australian territory specified in column 1 of item 9, 10 or 11 of the table in section 5 of the Regulated Movements Declaration.\n\nRegulated Movements Declaration means the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 (made under subsection 618(2) of the Act).\n\nrelated origin part, in relation to a destination part, means the origin part specified in column 1 of the item of the table in section 5 of the Regulated Movements Declaration in which the destination part is specified.\n\nTorres Strait permanent biosecurity monitoring zone has the meaning given by subsection 117(3) of the Biosecurity Regulation 2016.\n\n (2) A word or phrase that is used in this instrument and in the Biosecurity (Prohibited and Conditionally Non‑prohibited Goods) Determination 2016 has the same meaning in this instrument as it has in that instrument.\n\nNote: The following expressions are defined in the Biosecurity (Prohibited and Conditionally Non‑prohibited Goods) Determination 2016:\n\n(a) animal part;\n\n(b) animal tissue;\n\n(c) shelf‑stable;\n\n(d) viable.\n\nPart 2—Conditionally non‑prohibited goods\n\nDivision 1—Animals, plants and related goods\n\n6  Classes of goods to which this Division applies\n\nClasses of goods to which this Division applies\n\n (1) This Division applies to the following classes of goods:\n\n (a) animals;\n\n (b) goods wholly or partly of animal origin (including dairy products, eggs and egg products);\n\n (c) live plants;\n\n (d) goods wholly or partly of plant origin that are specified in a provision of this Division;\n\n (e) the following plants:\n\n (i) banana (Musa);\n\n (ii) sugar cane (Saccharum officinarum);\n\n (iii) maize (Zea mays);\n\n (iv) cassava (Manihot esculenta);\n\n (v) citrus (Citrus);\n\n (vi) cotton (Gossypium);\n\n (f) goods wholly or partly originating from a plant referred to in paragraph (e);\n\n (g) plants that are capable of being used for propagation (including seeds);\n\n (h) fresh fruit and vegetables;\n\n (i) fungi;\n\n (j) goods that contain a fungus.\n\nNote 1: Animal includes a dead animal and any part of an animal (see the definition of animal in section 9 of the Act).\n\nNote 2: Plant includes a dead plant and any part of a plant (see the definition of plant in section 9 of the Act).\n\nExceptions\n\n (2) However, the classes of goods referred to in subsection (1) do not include any of the following:\n\n (a) stores for consumption on board a vessel that originated from a destination part and have remained on the vessel since it left the destination part;\n\n (b) stores for consumption on board an aircraft that originated from a destination part and that:\n\n (i) have remained on the aircraft since it left the destination part; and\n\n (ii) do not contain whole fruit;\n\n (c) animal horns without velvet;\n\n (d) a cnidarian, echinoderm, tunicate, fish, crustacean or marine mollusc;\n\n (e) a part of an animal referred to in paragraph (d);\n\n (f) goods that are wholly or partly made from an animal referred to in paragraph (d);\n\n (g) turtle or dugong meat;\n\n (h) fresh turtle eggs;\n\n (i) goods made from turtle or dugong;\n\n (j) bread;\n\n (k) cooked cakes (other than cakes containing topping with fresh fruit);\n\n (l) goods made from coconut shell.\n\n7  Conditions—general\n\n (1) Subject to subsections (3), (4) and (5), goods included in a class of goods to which this Division applies must not be brought or imported into a destination part from the related origin part unless:\n\n (a) the goods are covered by an import permit; or\n\n (b) if alternative conditions for bringing or importing the goods into the destination part from the related origin part are specified in a provision of this Division—the alternative conditions are complied with.\n\n (2) Paragraph (1)(b) does not limit paragraph (1)(a).\n\n (3) If:\n\n (a) goods included in a class of goods to which this Division applies (the relevant goods) are made of, or are made from, or contain, 2 or more different kinds of goods (the component goods); and\n\n (b) any of the component goods must not be brought or imported into a destination part from the related origin part unless they are covered by an import permit (and no alternative conditions are specified for those component goods);\n\nthe relevant goods must not be brought or imported into the destination part from the related origin part unless they are covered by an import permit.\n\n (4) If:\n\n (a) goods included in a class of goods to which this Division applies (the relevant goods) are made of, or are made from, or contain 2 or more different kinds of goods (the component goods); and\n\n (b) alternative conditions for bringing or importing the relevant goods into a destination part from the related origin part are specified in another provision of this Division; and\n\n (c) alternative conditions for bringing or importing each of the component goods into the destination part from the related origin part are specified in one or more provisions of this Division;\n\nthe relevant goods must not be brought or imported into the destination part from the related origin part unless:\n\n (d) the relevant goods are covered by an import permit; or\n\n (e) the alternative conditions specified for the relevant goods are complied with; or\n\n (f) the alternative conditions specified for each of the component goods are complied with.\n\n (5) If:\n\n (a) goods included in a class of goods to which this Division applies (the relevant goods) are made of, or are made from, or contain 2 or more different kinds of goods (the component goods); and\n\n (b) alternative conditions for bringing or importing each of the component goods into a destination part from the related origin part are specified in one or more provisions of this Division; and\n\n (c) subsection (4) does not apply in relation to the goods;\n\nthe relevant goods must not be brought or imported into the destination part from the related origin part unless:\n\n (d) the relevant goods are covered by an import permit; or\n\n (e) the alternative conditions specified for each of the component goods are complied with.\n\n8  Alternative conditions—dead animals, animal parts and related goods\n\n  For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing certain dead animals, animal parts and related goods into a destination part from the related origin part.\n\n \n\n- Alternative conditions—dead animals, animal parts and related goods\n- Item Column 1 Goods Column 2 Alternative conditions\n- 1 Animal bone, tusks and teeth The goods are clean and free from other animal or plant material and soil\n- 2 Animal skin The goods:(a) have been tanned; and(b) are clean and free from other animal or plant material and soil\n- 3 Feathers The goods are clean and free from other animal or plant material and soil\n- 4 Lizard skin or snake skin The goods are clean and free from other animal or plant material and soil\n- 5 Sea shells The goods:(a) are not viable; and(b) are clean and free from other animal or plant material and soil\n\n\n9  Alternative conditions—meat and meat products for human consumption\n\nConditions—canned meat\n\n (1) For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing canned meat for human consumption (the goods) into a destination part from the related origin part.\n\n \n\n- Alternative conditions—canned meat for human consumption\n- Item Column 1 Goods Column 2 Alternative conditions\n- 1 Canned meat The goods have been commercially manufactured and packaged\n\n\nConditions—meat (other than canned meat) from the Torres Strait permanent biosecurity monitoring zone\n\n (2) For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing meat (other than canned meat) for human consumption (the goods) into the item 11 destination part from the item 11 origin part.\n\n \n\n- Alternative conditions—meat (other than canned meat) for human consumption\n- Item Column 1 Goods Column 2 Alternative conditions\n- 1 Meat, other than canned meat The goods:(a) have been cooked and are for personal use; or(b) have been commercially manufactured and packaged\n\n\n10  Alternative conditions—dairy products for human consumption\n\n  For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing dairy products for human consumption (the goods) into a destination part from the related origin part.\n\n \n\n- Alternative conditions—dairy products for human consumption\n- Item Column 1 Goods Column 2 Alternative conditions\n- 1 Dairy products The goods:(a) have been commercially manufactured and packaged; and(b) are for personal use\n\n\n11  Alternative conditions—produce for human consumption\n\n  For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing certain produce for human consumption into a destination part from the related origin part.\n\n \n\n- Alternative conditions—produce for human consumption\n- Item Column 1 Goods Column 2 Alternative conditions\n- 1 Coconut (Cocos nucifera) Both of the following:(a) the husk has been removed;(b) the goods are clean and free from animal or other plant material and soil\n- 2 Dried fruit, other than dried bananas (Musa) The goods:(a) contain only seeds that are not viable; and(b) are not capable of being propagated; and(c) are clean and free from animal or other plant material and soil\n- 3 Preserved fruit, other than preserved:(a) bananas (Musa); or(b) whole citrus (Citrus) The goods:(a) have been commercially manufactured and packaged; and(b) are shelf‑stable\n- 4 Fruit juice The goods are commercially packaged\n- 5 Nuts The goods:(a) have been shelled; and(b) have been commercially prepared through blanching, roasting or boiling; and(c) are clean and free from animal or other plant material and soil\n- 6 Processed rice The goods are clean and free from animal or other plant material and soil\n- 7 Sago (Metroxylon spp.) The goods are clean and free from animal or other plant material and soil\n- 8 Taro (Colocasia spp.) The goods:(a) have been peeled and cooked; and(b) are clean and free from animal or other plant material and soil\n\n\n12  Alternative conditions—egg products for human consumption\n\n  For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing egg products (other than whole eggs) for human consumption (the goods) into a destination part from the related origin part.\n\n \n\n- Alternative conditions—egg products (other than whole eggs) for human consumption\n- Item Column 1 Goods Column 2 Alternative conditions\n- 1 Egg products (other than whole eggs) The goods:(a) are shelf‑stable; and(b) are for personal use\n\n\n13  Alternative conditions—miscellaneous plant materials and plant products\n\n  For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing certain plant materials and plant products into a destination part from the related origin part.\n\n \n\n- Alternative conditions—miscellaneous plant materials and plant products\n- Item Column 1 Goods Column 2 Alternative conditions\n- 1 Betel nut (Areca catechu) Both of the following:(a) the husk has been removed;(b) the goods are clean and free from animal or other plant material and soil\n- 2 Bilum bags, other than those that contain animal hides and skins The goods are clean and free from animal or other plant material and soil\n- 3 Grass skirts, other than skirts with dried banana plant material The goods are clean and free from animal or other plant material and soil\n- 4 Job’s tears (Coix lacryma‑jobi) The seeds of the goods are not viable\n- 5 Kulap rattle (Entada spp.) or burny bean The goods are clean and free from animal or other plant material and soil\n- 6 Goods made from dried palm leaves The goods are clean and free from animal or other plant material and soil\n- 7 Goods made from dried pandanus (Pandanus spp.) The goods are clean and free from animal or other plant material and soil\n- 8 Seed jewellery and artefacts The seeds are not viable\n- 9 Tapa The goods are clean and free from animal or other plant material and soil\n- 10 Wooden artefacts The goods:(a) have been fired; and(b) are clean and free from animal or other plant material and soil\n- 11 Wongai (Manilkara kauki) seed The goods are clean and free from animal or other plant material and soil\n\n\nDivision 2—Other goods\n\n14  Bottles of water\n\nClasses of goods to which this section applies\n\n (1) The class of goods to which this section applies is bottles of water (the goods).\n\nConditions\n\n (2) Goods included in the class of goods to which this section applies must not be brought or imported into a destination part from the related origin part unless:\n\n (a) the goods are covered by an import permit; or\n\n (b) the goods are commercially packaged.\n\n15  Soil\n\nClasses of goods to which this section applies\n\n (1) This section applies to the following classes of goods:\n\n (a) soil (other than soil adhering to goods);\n\n (b) goods containing soil.\n\nConditions\n\n (2) Goods included in a class of goods to which this section applies must not be brought or imported into a destination part from the related origin part unless the goods are covered by an import permit.\n\n16  Used machinery and equipment\n\nClasses of goods to which this section applies\n\n (1) This section applies to the following classes of goods:\n\n (a) used earth‑moving, agricultural, construction or timber felling machinery or equipment (including assembled parts);\n\n (b) used mining machinery, including oil‑field drilling machinery that has come into contact with soil or material of animal or plant origin;\n\n (c) used grain‑milling machinery;\n\n (d) field‑tested agricultural machinery that has come into contact with soil or material of animal or plant origin;\n\n (e) food processing equipment.\n\nConditions\n\n (2) Goods included in a class of goods to which this section applies must not be brought or imported into a destination part from the related origin part unless:\n\n (a) the goods are covered by an import permit; or\n\n (b) the goods are clean and free from animal and plant material and soil.\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"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a specific biosecurity instrument governing movements from the Torres Strait zone to other parts of Australian territory. It has not expanded beyond its initial purpose of regulating goods movements from this specific high-risk biosecurity zone."},"complexity_factors":["Multiple cross-references to external instruments (Biosecurity (Movements between Parts of Australian Territory) Declaration 2016, Biosecurity Regulation 2016, and Biosecurity (Prohibited and Conditionally Non-prohibited Goods) Determination 2016)","Nested conditional logic in sections 7(3)-(5) dealing with composite goods (goods made of multiple components)","Defined terms rely heavily on external definitions from the parent Act and related determinations","Specific scientific names required for certain plants (e.g., 'Musa' for banana, 'Saccharum officinarum' for sugar cane)","Multiple alternative condition pathways for similar goods requiring comparison across different sections","Exceptions to exceptions in section 6(2) excluding certain goods from the general classes","Geographic scope depends on understanding three specific items (9, 10, and 11) from a table in a separate declaration"],"plain_english_summary":"This law controls what people and businesses can bring from the Torres Strait into mainland Australia and other territories to prevent pests, diseases, and weeds spreading. It affects travellers, shippers, and traditional movement between islands and the mainland.\n\nGoods are either allowed conditionally (subject to cleaning, packaging or permits) or prohibited unless an import permit is issued. It protects Australia’s agriculture and unique environment."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument, as drafted, sets conditional non‑prohibition rules for movements from Torres Strait origin parts to specified destination parts (per s4 and the Regulated Movements Declaration). The text contains no indication it alters or expands scope from its original framing; it implements targeted biosecurity controls through permitting and narrowly defined alternative conditions rather than broad new powers."},"complexity_factors":["Multiple cross‑references to the Biosecurity Act 2015 and the Regulated Movements Declaration, requiring readers to consult other instruments","Numerous specific classes and narrow exceptions (eg lists in s6(1) and s6(2)), increasing scope detail","Detailed alternative‑condition tables per goods type (ss8–13, 14–16) with variety of hygiene/processing requirements","Composite‑goods rules (s7(3)–(5)) create conditional logic depending on whether component goods have separate conditions","Dependence on defined terms in other instruments (eg ‘shelf‑stable’, ‘viable’, Torres Strait zone definitions) increases interpretive steps","Operational enforcement relies on import permits vs conditional exemptions, producing administrative and inspection burdens","Territorial mapping via item 9–11 origin/destination parts requires mapping movements to specific declared zones"],"plain_english_summary":"This Determination specifies which animals, plants and related goods moved from parts of the Torres Strait area to other Australian territory can travel only if an import permit is held or if specified processing, cleaning or packaging conditions are met. It lists classes (animals, plant products, produce, used machinery, soil, bottled water) and precise alternative conditions (eg commercially packaged, cleaned, cooked, shelled) that exempt goods from needing a permit. \n\nIt affects residents, carriers and businesses moving goods between the Torres Strait zones and other Australian territory. The instrument’s stated purpose is biosecurity control (s4); importers bear permit and compliance costs, and biosecurity officers decide acceptance and enforcement."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-prohibited-and-conditionally-non-prohibited-goods-torres-strait-determination-2016","history":"/api/acts/biosecurity-prohibited-and-conditionally-non-prohibited-goods-torres-strait-determination-2016/history","analysis":"/api/acts/biosecurity-prohibited-and-conditionally-non-prohibited-goods-torres-strait-determination-2016/analysis","conflicts":"/api/acts/biosecurity-prohibited-and-conditionally-non-prohibited-goods-torres-strait-determination-2016/conflicts","importantCases":"/api/acts/biosecurity-prohibited-and-conditionally-non-prohibited-goods-torres-strait-determination-2016/important-cases","documents":"/api/acts/biosecurity-prohibited-and-conditionally-non-prohibited-goods-torres-strait-determination-2016/documents"}}