Biosecurity (2026 Infringement Notices) Determination 2025

The instrument operates by combining three concept categories: (1) classifications of goods; (2) technical definitions that determine how goods map to those classifications; and (3) time-limited administrative effect. Each plays a distinct regulatory role.

1. Classification lists (Part 2)

• Category 1 goods are enumerated in s 6. The list includes live plants (6(1)(a)); whole unprocessed seeds intended for sowing (6(1)(b)); meat and meat products subject to the exclusions in s 6(2) (6(1)(c)); animal reproductive material (with specified exclusions) (6(1)(d)); animal fluids (6(1)(e)); animal tissue not intended for human consumption (6(1)(f)); prawns that are not fully cooked (6(1)(g)); live animals and remains of animals that have died in transit or on arrival (6(1)(h)); and veterinary vaccines (6(1)(i)). Category 2 goods (s 7) are fresh fruit, vegetables, fungi, leaves, herbs, fresh cut flowers and whole unprocessed seeds not intended for sowing (7(a)-(g)).

2. Technical definitions (s 5)

• Central definitional terms determine boundaries: animal fluid, animal reproductive material (defined by cross-reference to the Biosecurity Regulation 2016), animal secretion, animal tissue (with specific exclusions in s 5(1)), hermetically-sealed container, meat and meat product (broadly defined to include blood and tallow), retorted (a specific thermal process: heated in an hermetically-sealed container to minimum core 100°C obtaining F0 ≥ 2.8), and shelf-stable (a multi-part test in s 5(2) including commercial manufacture, manufacturer packaging, unopened package, storage at room temperature and not requiring refrigeration).

3. Exclusions and qualifying conditions (s 6(2) and Schedule 1)

• The instrument does not categorise all meat and meat products as category 1 without qualification. Section 6(2) lists specified exceptions: retorted meats (6(2)(a)); various narrowly described meat-based flavouring products (6(2)(b)); certain New Zealand-origin meats/products meeting specified provenance and evidence conditions (6(2)(c)); pork crackling/rind if shelf-stable, for personal use, for human consumption and clearly labelled by the manufacturer as a product of a country in Schedule 1 (6(2)(d)); meat floss and specific meat jerky/biltong exemptions subject to manufacture, personal-use, labelling and weight limits (6(2)(e)-(f)). Schedule 1 enumerates the countries whose manufacturer labelling will trigger the listed exclusions.

4. Temporal scope and administrative source

• The instrument is a determination under the Biosecurity Act 2015 (s 3) and explicitly limited to 12 months (s 4 and s 8). The instrument’s note ties the classification to the amount of penalty units that must be stated on certain infringement notices under the Act and the Biosecurity Regulation 2016; it therefore functions as a time-limited administrative list that alters infringement-notice quantum.

These concepts interact: the definitional tests are the compliance mechanism by which particular goods are mapped into category 1 or 2; the exclusions rely on manufacturer labelling, packaging status and provenance evidence; and the temporary nature of the instrument means the listed treatment applies for a defined 12-month interval only. The instrument does not itself create the underlying offence types or the power to issue infringement notices; it alters the penalty-unit quantum applied when the listed goods are involved, within the statutory infringement-notice framework referenced in the note to s 3 (see also s 3).

The instrument affects persons and entities who import, transport, carry, consign, mail or otherwise bring into Australian territory the goods described in Part 2, and persons who are the subjects of infringement notices issued under the Biosecurity Act 2015 and the Biosecurity Regulation 2016 in the circumstances referenced (see the note to s 3 regarding s 88(2) of the Regulation). The following stakeholder groups are materially implicated by the text:

• Travellers and private individuals bringing food, plants, seeds or animal-derived items into Australia. The instrument explicitly addresses “personal use” exemptions in several subparagraphs (for example s 6(2)(b)(iii), (c)(ii), (d)(ii), (e)(ii), (f)(ii)), thereby affecting what privately carried consignments will attract a higher penalty-unit amount if the other elements for exemption are not met.

• Manufacturers and packagers of foodstuffs and meat-based products. The instrument depends on manufacturer labelling and manufacturer packaging for several exclusions. For example, s 5(2) requires goods described as “shelf-stable” to have been commercially manufactured and packaged by the manufacturer and remain unopened in that package. Exclusions in s 6(2)(b), (d), (e), (f) require the product to be “clearly labelled by the manufacturer as a product of a country specified in Schedule 1.” Those provisions therefore place compliance incentives on manufacturers and packagers whose labelling practices determine whether goods attract the higher category 1 treatment.

• Importers, freight handlers and postal operators. The instrument’s classification will affect the risk profile of consignments handled by importers and carriers. When a consignment contains category 1 goods, an alleged contravention in the relevant infringement-notice circumstances will result in a 12-penalty-unit notice; for category 2 goods, 6 penalty units apply (see the note to s 3). This changes the enforcement exposure for commercial consignments and may affect logistic choices.

• Agricultural businesses, plant nurseries, seed suppliers and animal breeders. Live plants (6(1)(a), category 1), seeds intended for sowing (6(1)(b), category 1), and animal reproductive material (6(1)(d), category 1) are specifically listed. Entities dealing in these goods will see higher infringement-notice exposure if the goods are the subject of the regulatory circumstances referenced.

• Veterinary product manufacturers and distributors. Veterinary vaccines are category 1 (6(1)(i)), so any contraventions involving such products in the relevant regulatory circumstances will be exposed to the higher penalty-unit quantum.

• Regulators and enforcement officers. The Director of Biosecurity is the decision-maker who made the instrument (s 3 and the heading), and enforcement officers who issue infringement notices under the Biosecurity Act/Regulation will apply the penalty units set out in the note when the listed goods are involved.

• Countries and foreign producers identified in Schedule 1. The specified countries list (Schedule 1) determines which products may qualify for exclusions from category 1 provided they meet the labelling and other conditions in s 6(2). Producers in those jurisdictions that export to Australia may find their products more likely to be excluded from the stricter category 1 treatment when labelled accordingly.

The instrument also affects the administrative burden borne by the Department and enforcement agencies because exclusions require assessment of manufacturer labelling, the “personal use” character of goods, evidence of origin, and the technical properties of goods (for example “retorted” status under s 5). The instrument does not itself describe enforcement processes, but by altering the infringement-notice quantum it changes the financial exposure of those who fall foul of the Act or Regulation in the circumstances referenced (see the note to s 3).

The determination does not itself create new criminal offences or new positive duties to act; instead, it prescribes lists and definitional tests that determine the penalty-unit quantum stated on infringement notices in specific circumstances under statutory powers in the Biosecurity Act 2015 and associated Regulation. Nonetheless, by mapping goods to category 1 or category 2 and specifying exclusions, the instrument creates practical duties and rights as follows:

Duties (practical and compliance duties that arise from the instrument’s operation)

• Persons bringing goods into Australian territory face a practical duty to ensure compliance with the Biosecurity Act and Regulation because, if a contravention is alleged in the circumstances specified in s 88(2) of the Biosecurity Regulation 2016, the instrument prescribes that the infringement notice must state 12 penalty units for category 1 goods and 6 penalty units for category 2 goods (note to s 3). The immediate duty is to avoid contraventions; the instrument raises the potential pecuniary consequence when listed goods are involved.

• Manufacturer labelling duties are created indirectly: s 6(2)(b), (d), (e) and (f) make the availability of certain exclusions contingent on the product being “clearly labelled by the manufacturer as a product of a country specified in Schedule 1.” Manufacturers therefore carry the practical duty if they want their products to be treated outside category 1 in these circumstances to provide clear origin labelling.

• Packaging and storage conditions as a compliance duty: the definition of “shelf‑stable” in s 5(2) requires that goods be commercially manufactured, manufacturer packaged, remain in that package and be storable at room temperature without refrigeration before the package is opened. Persons intending to rely on shelf-stable exclusions must ensure these packaging and storage conditions are met.

• Documentation duty for travellers and importers: certain exclusions require goods to be “accompanied by evidence” that they are a product of Australia or New Zealand (see s 6(2)(c)(iv)). The instrument therefore creates a duty on those seeking the exclusion to retain and produce evidence of origin.

Rights and administrative effects

• Right to rely on specified exclusions: where the conditions in s 6(2) are satisfied, the goods are not treated as category 1 goods for the purposes of the instrument. That is a substantive benefit for the person in possession or bringing the goods, because the lower category 2 quantum (or no elevated quantum) would apply where the instrument excludes the goods from category 1. The instrument provides specific ways to meet that exclusion: retorting or meeting the labelling, packaging and evidence conditions listed.

• Temporal certainty: the instrument is explicit about its time-limited operation (12 months, ss 4 and 8). Affected parties have the right to plan for the instrument’s effect within that 12-month period but should note the automatic repeal at the stated time.

Cross-references that shape duties but are outside the instrument

• The instrument refers to other statutory provisions as the context for enforcement. It is issued under s 524A(1) of the Biosecurity Act 2015 (s 3) and ties to subsection 524(4) of that Act and to s 88(2) of the Biosecurity Regulation 2016 (note to s 3). The duties that trigger infringement notices and the detailed mechanics of issuing them, and the value of a penalty unit, sit in those external provisions and instruments. The determination therefore alters the specified penalty-unit quantum applicable in certain infringement-notice circumstances; it does not itself create the underlying offence or the infringement power.

Operational consequences

• The instrument imposes compliance costs on parties who must show that a given good meets an exclusion. For example, to avoid category 1 treatment for a meat-based flavouring product under s 6(2)(b), the product must be commercially manufactured, packaged, have no discernible pieces of meat, be for personal use and human consumption, and,if derived from certain species,be clearly labelled as a product of a Schedule 1 country (6(2)(b)(i)-(v)). Those are practical compliance requirements that affect packing, labelling, documentation and travel behaviour.

In short, this instrument does not itself spell out new criminal prohibitions, but it defines when higher infringement-notice penalty units must be applied, and sets conditional exclusions that give clear compliance pathways and obligations for manufacturers, travellers and importers (see ss 3, 5, 6 and Schedule 1).

The determination does not create new penalty types; instead, it determines the penalty-unit quantum that must be stated on certain infringement notices when listed goods are involved. The instrument’s explanatory note to s 3 states that where an infringement notice is issued for an alleged contravention of the Biosecurity Act 2015 in circumstances covered by subsection 88(2) of the Biosecurity Regulation 2016, 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 (note to s 3, referencing subsection 524(4) of the Biosecurity Act 2015 and regulations made for the purpose of that subsection).

Key enforcement mechanics and implications from the instrument:

• Trigger condition. The instrument’s effect on penalties is conditional. It applies only when an infringement notice for an alleged contravention is issued in circumstances covered by subsection 88(2) of the Biosecurity Regulation 2016, as indicated in the explanatory note to s 3. The text does not reproduce s 88(2) of the Regulation; enforcement officers will need to apply the Regulation in combination with the instrument to determine when the prescribed penalty-unit quantum must be stated.

• Differentiated penalty quantum by category. The instrument creates two differentiated penalty-unit levels applicable to listed goods: category 1 attracts a 12-penalty-unit quantum and category 2 a 6-penalty-unit quantum for the specified infringement-notice circumstances (note to s 3). The instrument does not set the conversion from penalty units to currency, which is determined elsewhere; it states only the number of penalty units.

• Enforcement discretion remains in underlying laws. The instrument delegates neither investigative nor charging powers; those remain with the enforcement framework in the Biosecurity Act and Biosecurity Regulation. The instrument affects only how an infringement notice should state the level of penalty units where the particular goods are involved and the prescribed Regulation circumstances are met.

• Role of definitions in enforcement. The definitional provisions in s 5 supply objective markers that enforcement officers will use: whether a container is “hermetically sealed,” whether a product is “retorted” (technical thermal metric F0 ≥ 2.8), whether goods are “shelf-stable” (commercially manufactured, packaged by manufacturer, in that package and able to be stored at room temperature without requiring refrigeration), and whether animal tissue is within the exclusions listed (s 5(1)). Enforcement will require applying those tests to seized goods or inspected baggage/consignments.

• Evidence and provenance. The instrument imposes evidentiary thresholds for certain exceptions. For example, meat or meat products from New Zealand that fall under s 6(2)(c) are excluded from category 1 only if they are a product of Australia or New Zealand, for personal use, for human consumption, and “accompanied by evidence that the goods are a product of Australia or New Zealand” (6(2)(c)(i)-(iv)). The instrument therefore places a burden on the person in possession of goods to produce evidence of origin to avoid the higher category treatment.

• Label-based exemptions rely on private labelling. Several exclusions require goods to be “clearly labelled by the manufacturer as a product of a country specified in Schedule 1” (for example s 6(2)(b)(v), (d)(iv), (e)(iv), (f)(v)). Enforcement will therefore involve inspection of manufacturer labelling and potentially a judgment about the sufficiency and clarity of that labelling.

• Temporal enforcement window. The instrument is in force only for 12 months (s 4; s 8 repeal). Enforcement officers must apply it only during that period. After repeal the lists will no longer prescribe the penalty-unit quantum unless replaced by a subsequent determination.

• No criminal sanctions in the instrument. The instrument itself does not prescribe arrests, custodial sanctions or offences. It operates within the infringement-notice regime, which is an administrative monetary penalty mechanism rather than a court-based criminal sanction pathway. The instrument assumes the existence of infringement powers in the Act and Regulation and specifies the unit quantum where the listed goods are implicated.

In practice, enforcement will require the intersection of the Act, the Regulation and this instrument: an alleged contravention that falls within the Regulation’s s 88(2) circumstances will be the first threshold; the nature of the goods will then determine whether 12 or 6 penalty units must be stated on any infringement notice (as set out in the note to s 3). The instrument does not address procedural aspects of issuing notices, review rights, payment options or the conversion of penalty units to dollars.

The instrument is an exercise of delegated administrative power under the Biosecurity Act 2015 and therefore must be read in the statutory and regulatory architecture that provides the enforcement mechanisms it modifies. The instrument itself contains several explicit cross-references and implied interactions that shape its legal effect:

• Parent statute authority. The instrument is made under subsection 524A(1) of the Biosecurity Act 2015 (s 3). That subsection is the statutory basis for the Director of Biosecurity to list classes of goods in relation to which a high level of biosecurity risk is reasonably satisfied for the purposes of section 524 of the Act (as stated in the note to s 3). Thus the instrument operates as a statutory determination authorised by the Act.

• Connection to infringement-notice provisions. The instrument’s practical import is tied to subsection 524(4) of the Biosecurity Act 2015 and regulations made for the purpose of that subsection (note to s 3). The note explains that when an infringement notice is issued for an alleged contravention in the circumstances covered by subsection 88(2) of the Biosecurity Regulation 2016, the amount of penalty units to be stated is 12 for category 1 goods and 6 for category 2 goods. Therefore, this determination must be read together with s 524 and the Regulation to understand when and how the increased penalty-unit quantum applies.

• Reference to the Biosecurity Regulation 2016. The instrument refers directly to subsection 88(2) of the Biosecurity Regulation 2016 in its explanatory note (note to s 3). Although the instrument does not reproduce the text of that regulation, it signals that the particular regulatory circumstances specified in the Regulation are prerequisites for the determination’s penalty-unit effect to attach. Practitioners will need to consult the Biosecurity Regulation 2016 for the exact triggering conditions.

• Cross-reference for definitions. The instrument defines several key terms itself (s 5) and expressly adopts the meaning of “animal reproductive material” from the Biosecurity Regulation 2016 (s 5(1)). That cross-reference requires users to consult the Regulation to obtain the complete definition for that term. The instrument therefore depends on parallel regulatory definitions and processes.

• Interaction with labelling/consumer and trade law. The instrument conditions certain exclusions on manufacturer labelling that identifies the country of origin (s 6(2)(b)(v), (d)(iv), (e)(iv), (f)(v)). That condition intersects with consumer and trade labelling norms; however, the instrument does not amend consumer law or import standards. It uses labelling as an evidentiary criterion within the biosecurity infringement-notice framework. Questions about the legal sufficiency of manufacturer claims or whether particular labelling meets the “clearly labelled” standard will raise interpretative issues that may also implicate other statutory or consumer protection provisions, but such interactions are not addressed in the instrument text.

• Technical food-safety/process standards. The instrument uses the technical concept “retorted” (s 5), defined by a thermal process specification (heated in an hermetically-sealed container to a minimum core temperature of 100°C, obtaining an F0 value of at least 2.8). That definition will intersect in practice with food-safety regulation and manufacturing process documentation (for example, manufacturers’ process validation and certificates), although the instrument does not reference specific food-safety legislation or authorities. The technical test is self-contained in the instrument and will require supporting evidence in enforcement contexts.

• Temporal overlap with other instruments. The instrument is explicitly temporary (12 months; ss 4 and 8). Its effect during that period will operate alongside any other determinations, regulations, notices or legislative provisions that address the same goods or enforcement topics. After repeal, the interaction ends unless a subsequent instrument is made.

• Non-exhaustive relationship to offences. The instrument sits within the infringement-notice (civil/administrative pecuniary penalty) regime; it does not displace civil or criminal prosecution powers that the Biosecurity Act may provide. It is possible for enforcement agencies to pursue other enforcement pathways for contraventions; the instrument addresses only the penalty-unit quantum to be stated on infringement notices in the specified circumstances.

Overall, the instrument is an accessory regulatory tool within the Biosecurity Act/Regulation framework. It modifies the penalty-unit quantum for specified goods when the relevant infringement-notice circumstances exist and depends on, and requires consultation with, the Biosecurity Regulation 2016 and the Biosecurity Act for its implementation and interpretation.

This instrument is presented as made and contains internal notes about commencement information. The instrument’s own commencement table states that the whole instrument commences on 1 January 2026 (s 2(1) and the commencement table). The instrument further contains an express repeal provision (s 8) that repeals it at the start of 1 January 2027, consistent with the period in force declared in s 4 (12 months beginning on 1 January 2026).

The instrument’s text contains the following points relevant to its amendment and version history:

• Original instrument status. The commencement table contains a 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.” That phrasing indicates the presented table is the original commencement notice and that any future amendments would not retroactively alter that table. The instrument as provided contains no subsequent amendment entries.

• Temporal limitation as a feature. Sections 4 and 8 combine to make the instrument temporary. The instrument will automatically cease to be in force after the specified 12 month period unless replaced or extended by a new instrument made under the same statutory power.

• No internal amendment provisions. The instrument contains no textual provisions that amend other instruments or that themselves are expressed to be amendable by any mechanism other than formal repeal or replacement. The only repeal is the instrument’s own automatic repeal at the end date (s 8).

• Schedule as fixed at creation. Schedule 1 lists specified countries and forms part of this instrument. The instrument does not provide a mechanism within its text to change Schedule 1 during its operative period; altering the list would require a new making instrument under the Biosecurity Act power.

• No historical amendments recorded in the instrument. The text as provided contains the instrument as originally made and does not record any later amendments, variations or corrections.

For practitioners, the practical takeaway is that the instrument’s list and conditions are fixed for the 12-month period from 1 January 2026 and will not change absent a new determination or a formal amendment made under the same statutory power. Any administrative or policy changes that alter which goods attract the elevated penalty-unit quantum beyond that period would require a new instrument.

The instrument as provided contains no litigation history. It does not cite any case law, and there are no notes describing any legal challenges, judicial decisions or disputes about the instrument. The instrument is a fresh administrative determination dated 15 December 2025 and commencing 1 January 2026 (see the signature block and s 2(1)).

Because the instrument is an exercise of a statutory power under the Biosecurity Act 2015 (s 3), it would be open in principle for interested parties to seek judicial review or challenge aspects of the instrument in appropriate courts if statutory grounds for review or other legal causes of action exist. The instrument itself does not record any such proceedings and contains no examples of judicial interpretation.

Practitioners seeking to assess litigation risk will need to look to cases interpreting the relevant Biosecurity Act provisions, infringement-notice procedures, administrative law doctrines and statutory interpretation principles, none of which are reproduced in or referred to by the instrument text. For present purposes, and strictly on the basis of the instrument’s text, there is no recorded litigation history attached to this determination.

The instrument contains multiple technical and evidentiary features that create practical traps for users who assume the lists are simple or self-explanatory. The following concrete pitfalls arise directly from the text:

• “Personal use” is relied on repeatedly but is undefined. Sections 6(2)(b)(iii), (c)(ii), (d)(ii), (e)(ii) and (f)(ii) make exclusions conditional on the goods being “for personal use.” The instrument does not define “personal use” or set quantitative or qualitative tests beyond specific weight limits for jerky (s 6(2)(f)(iv)). Enforcement or dispute will therefore turn on the interpretation of “personal use” in the context of the Biosecurity Act and Regulation, and on the facts of the consignment (e.g. multiple identical items, commercial packaging quantities, or declared purpose). The instrument itself provides no guide.

• Manufacturer labelling is determinative but may be absent or ambiguous. Several exclusions require goods to be “clearly labelled by the manufacturer as a product of a country specified in Schedule 1” (for example s 6(2)(b)(v), (d)(iv), (e)(iv), (f)(v)). If a product’s label is unclear, or the product is repackaged by a distributor or retailer, the exclusion may be unavailable even if the underlying product originates in a Schedule 1 country. The instrument does not provide a fallback evidentiary route where manufacturer labelling is absent.

• “Accompanied by evidence” is unspecified. Section 6(2)(c)(iv) requires meat or meat products from New Zealand that qualify for the exclusion to be “accompanied by evidence that the goods are a product of Australia or New Zealand.” The instrument does not define acceptable forms of evidence (for example receipts, customs documentation, manufacturer certificates or tags). Practitioners and travellers should note that items lacking documentary provenance may attract category 1 treatment even if, in truth, they originated in New Zealand.

• Technical retorting standard is precise and potentially unfamiliar. “Retorted” is defined in s 5 to require heating in a hermetically-sealed container to a minimum core temperature of 100°C and obtaining an F0 value of at least 2.8. Compliance requires process validation documentation from manufacturers; consumer repackaging or informal heating will not meet the definition. Claimed “ready-to-eat” items that are not properly retorted as defined will not qualify for the retorted exclusion in s 6(2)(a).

• Shelf-stable criteria are cumulative and strict. The definition in s 5(2) lists a multi-part test: commercially manufactured; packaged by the manufacturer; in that package; packaging not opened or broken; able to be stored at ambient temperature; and not requiring refrigeration before opening. If any element fails (for example, if the consumer has opened the package or the product requires refrigeration prior to opening), the shelf-stable exclusion will not apply. Travelers who transfer contents to other containers or who purchase from non-manufacturer packagers may lose the exclusion.

• Seed classification hinges on intended use wording. The instrument distinguishes seeds “intended for sowing” (category 1, s 6(1)(b)) from whole unprocessed seeds “not intended for sowing” (category 2, s 7(g)). Determining “intended for sowing” may be factual and subject to inference from packaging, quantity or declaration. The instrument provides no procedural guidance on how intention is proved, creating an evidentiary risk for importers and travellers.

• Species-specific exclusions are asymmetric. Certain exclusions exclude porcine-derived jerky and biltong from s 6(2)(f) only to the extent that the product is not derived from porcine animals; other exclusions explicitly include porcine derivatives but require labelling by Schedule 1 manufacturer (6(2)(b)(v) and others). The multiple, species-specific carve-outs can create confusion about a particular product’s status.

• Reliance on Schedule 1 countries. The scope of exclusions depends on Schedule 1 listing. The instrument provides a list of specified countries; goods claimed to be products of a Schedule 1 country will need manufacturer labelling that matches the Schedule 1 entries verbatim enough to be “clear.” Variations in country naming conventions (for example “United States of America” in the Schedule) may create minor interpretative disputes in the absence of guidance.

• The instrument is temporary. Parties that base business models or travel behaviour on relief from category 1 treatment need to account for the instrument’s expiration at the start of 1 January 2027 (s 8). Post-expiry arrangements are not covered by the instrument.

• The instrument does not set the monetary value of penalty units. It states only counts of penalty units to be used on infringement notices (note to s 3). The conversion to dollars is governed elsewhere; users must consult the broader statutory framework to determine the actual monetary exposure.

• Enforcement interdependencies are outside the instrument. The instrument’s effect depends on qualifying enforcement circumstances under the Biosecurity Regulation 2016 (see note to s 3 referencing s 88(2)). Practitioners must consider the interaction with those provisions to evaluate real-world enforcement risk; the instrument alone does not deliver full enforcement mechanics.

These “gotchas” are concrete practical risks arising from the instrument’s precise text. They show where the instrument relies on external facts (labelling, provenance documents, manufacturer processes) and on interpretive judgments that the instrument does not itself resolve.

Compliance requires aligning behaviour and documentation with the instrument’s definitional tests and the exclusion conditions in s 6(2), and anticipating the enforcement conditions referenced in the Biosecurity Regulation 2016. The following checklist extracts compliance steps directly from the instrument’s text and indicates the relevant provisions to consult.

1. Identify whether goods fall into category 1 or category 2

• Check the goods against s 6(1) (category 1 list) and s 7 (category 2 list). Live plants, seeds intended for sowing, most meat and meat products (subject to s 6(2) exclusions), animal reproductive material (with stated exceptions), animal fluids, animal tissue not intended for human consumption, prawns not fully cooked, live animals and remains, and veterinary vaccines are category 1 goods (s 6(1)(a)-(i)). Fresh fruit, vegetables, fungi, leaves, herbs, cut flowers and whole unprocessed seeds not intended for sowing are category 2 (s 7(a)-(g)).

2. Use the instrument’s definitions to test product status

• Apply the definitions in s 5. For example:
  • If relying on “shelf‑stable” status, ensure the product is commercially manufactured, packaged by the manufacturer, remains in that package unopened, is storable at ambient temperature and does not require refrigeration before opening (s 5(2)).
  • If relying on a retorted exclusion, obtain process documentation that the item was heated in an hermetically-sealed container to a minimum core temperature of 100°C and achieved F0 ≥ 2.8 (s 5 definition of retorted).
  • If a product is animal tissue, confirm it is not excluded by the long list in s 5(1) (for example skin, hide, wool, hair, feathers, bones are excluded from the meaning of animal tissue if without adhering tissue).

3. For meat and meat products, evaluate eligibility for the exclusions in s 6(2)

• If the good is meat or a meat product, assess whether any of s 6(2)(a)-(f) applies:
  • s 6(2)(a) retorted meat or meat products qualify for exclusion from category 1.
  • s 6(2)(b) meat-based flavouring products are excluded if: commercially manufactured and packaged, contain no discernible pieces of meat, are for personal use and human consumption, and if derived from bovine/caprine/ovine/porcine animals, are clearly labelled by the manufacturer as from a Schedule 1 country (6(2)(b)(i)-(v)).
  • s 6(2)(c) certain New Zealand-origin items are excluded if they are a product of Australia or New Zealand, for personal use, for human consumption and accompanied by evidence of product of Australia or New Zealand (6(2)(c)(i)-(iv)).
  • s 6(2)(d) pork crackling/rind exclusion requires shelf-stable status, personal use and manufacturer labelling indicating product of a Schedule 1 country (6(2)(d)(i)-(iv)).
  • s 6(2)(e) meat floss exclusion requires commercial manufacture, personal use, human consumption and, if derived from certain animals, manufacturer labelling as product of a Schedule 1 country (6(2)(e)(i)-(iv)).
  • s 6(2)(f) meat jerky or biltong (excluding porcine-derived jerky/biltong) is excluded if shelf-stable, for personal use, for human consumption, not more than 1 kg, and, if derived from certain animals, clearly labelled by the manufacturer as product of a Schedule 1 country (6(2)(f)(i)-(v)).

4. Maintain documentary evidence where required

• For exclusions that require “evidence” (for instance s 6(2)(c)(iv) for New Zealand products), keep receipts, manufacturer certificates, country-of-origin declarations or other provenance documents to present when requested by enforcement officers.

5. Ensure manufacturer labelling is present and clear

• If relying on manufacturer-origin labelling to meet an exclusion, confirm the product packaging is labelled as a product of a country listed in Schedule 1. The label should be durable and clearly identify the country in a way consistent with Schedule 1 entries (for example “United States of America” or “New Zealand” as per Schedule 1).

6. Preserve original packaging and do not open manufacturer-sealed packages

• For shelf-stable exclusions and for evidentiary clarity, do not open the manufacturer’s sealed package prior to inspection. The shelf-stable definition demands goods be “in that package” and that the package has “not been opened or broken” (s 5(2)(c)-(d)).

7. For seeds, be explicit about intended use

• To avoid category 1 treatment for seeds, ensure whole unprocessed seeds are clearly not intended for sowing if you wish them to be category 2 (s 6(1)(b) vs s 7(g)). Keep labelling or documentation to show intended non-sowing use if required.

8. For travellers, respect personal-use thresholds and package conditions

• Several exclusions require the goods to be “for personal use” and for human consumption. Keep quantities, packaging and documentation consistent with personal-use profiles (note the specific 1 kg limit for jerky in s 6(2)(f)(iv)), and be prepared to explain the intended use if inspected.

9. If dealing in or importing veterinary vaccines or animal reproductive material, consult the Biosecurity Regulation 2016 definition and compliance requirements

• The instrument references the meaning of animal reproductive material as in the Biosecurity Regulation 2016 (s 5(1)). Ensure compliance with the Regulation’s definitions and requirements for handling and import.

10. Expect enforcement officers to apply the Biosecurity Regulation triggers

• The instrument’s penalty-unit effect is conditional on circumstances covered by s 88(2) of the Biosecurity Regulation 2016 (note to s 3). To be safe, assume that bringing any listed goods into Australian territory without complying with the Act and Regulation may expose you to an infringement notice that must state the penalty units specified by this instrument.

11. Plan for the instrument’s temporal limit

• The instrument runs only for the 12-month period commencing 1 January 2026 and ending on 1 January 2027 (ss 4 and 8). Compliance planning should account for that window and for the prospect of a new determination or other changes after repeal.

12. Keep manufacturer process documentation for retorted goods

• If relying on the retorted exclusion (s 6(2)(a)), obtain manufacturer process records showing compliance with the instrument’s retort definition (hermetically-sealed container, minimum core temperature 100°C and F0 ≥ 2.8).

Following these steps will align behaviour with the instrument’s textual requirements. The instrument does not describe procedural steps for challenging infringement notices or appeal paths; those remain governed by the Biosecurity Act and relevant procedural rules outside this instrument. Where in doubt about the acceptability of particular evidence or labelling, preserve all documentation and packaging and seek clarification from the relevant biosecurity authority before bringing the goods into Australian territory.