173Prohibited goods

173  Prohibited goods  (1) The Director of Biosecurity and the Director of Human Biosecurity may jointly determine that specified goods, or a specified class of goods, must not be brought or imported into Australian territory.  (2) Goods specified in a determination in force under subsection (1), or goods included in a class of goods specified in a determination in force under that subsection, are prohibited goods.  (3) The Director of Biosecurity and the Director of Human Biosecurity may make a determination under subsection (1) in relation to specified goods, or a specified class of goods, only if each Director is satisfied that:  (a) the level of biosecurity risk associated with the goods, or the class of goods, is unacceptable; and  (b) biosecurity measures would not be able to be taken to reduce that level of biosecurity risk to an acceptable level.  (4) Before a determination under subsection (1) is made:  (b) the Director of Biosecurity:  (iii) may also consider any other matters that the Director considers relevant; and  (c) the Director of Human Biosecurity:  (iii) may also consider any other matters that the Director considers relevant.  (5) A determination under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination. Note 1: For variation and revocation of a determination made under subsection (1), see subsection 33(3) of the Acts Interpretation Act 1901. Note 2: Division 5 sets out offences and civil penalty provisions relating to bringing or importing prohibited goods into Australian territory. Note 3: Prohibited goods that are brought or imported into Australian territory may be forfeited to the Commonwealth (see section 628).