Biosecurity (Conditionally Non-prohibited Goods) Determination 2021
12Conditions—general
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12 Conditions—general
General rule (1) Subject to subsections (3) to (5) and Division 4, goods included in a class of goods to which this Division applies must not be brought or imported into Australian territory unless: (a) the goods are covered by an import permit; or (b) if alternative conditions for bringing or importing the goods into Australian territory are specified in a provision in this Division—the alternative conditions are complied with.
Note 1: If Division 3 (which deals with hitchhiker pests) applies to goods included in a class of goods to which a provision of this Division applies, the additional conditions in Division 3 must also be complied with.
Note 1A: If Division 3A (which deals with goods that may be host of khapra beetle) applies to goods included in a class of goods to which a provision of this Division applies, the additional conditions in Division 3A must also be complied with.
Note 2: Division 4 deals with goods that are intended to be brought or imported from Papua New Guinea into the protected zone area under the Torres Strait Treaty.
(2) Paragraph (1)(b) does not limit paragraph (1)(a). Goods that are made of, or are made from, or contain, 2 or more different kinds of goods (3) If: (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 (b) any of the component goods must not be brought or imported into Australian territory unless they are covered by an import permit (and no alternative conditions are specified for those component goods); the relevant goods must not be brought or imported into Australian territory unless they are covered by an import permit.
Note: Example: A person wishes to bring or import into Australian territory a commercial quantity of goods (the relevant goods) made from meat and honey. Meat in commercial quantities must not be brought or imported into Australian territory unless it is covered by an import permit. Therefore the relevant goods must not be brought or imported into Australian territory unless they are covered by an import permit. The alternative conditions specified for any quantity of honey in section 22 do not apply in relation to the relevant goods.
(4) If: (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 (b) alternative conditions for bringing or importing the relevant goods into Australian territory are specified in another provision in this Division; and (c) alternative conditions for bringing or importing each of the component goods into Australian territory are specified in one or more provisions of this Division; the relevant goods must not be brought or imported into Australian territory unless: (d) the relevant goods are covered by an import permit; or (e) the alternative conditions specified for the relevant goods are complied with; or (f) the alternative conditions specified for each of the component goods are complied with.