Turn the raw legal text into a practical explanation grounded in Biosecurity Legislation (Prohibited and Conditionally Non-prohibited Goods) Amendment (Alternative Conditions) Determination 2018.
We, Daryl Quinlivan, Director of Biosecurity, and Professor Brendan Murphy, Director of Human Biosecurity, make the following determination.
Dated 12 July 2018
Daryl Quinlivan Brendan Murphy
Director of Biosecurity Director of Human Biosecurity
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Main amendments
Part 1—Alternative conditions for the mainland
Biosecurity (Prohibited and Conditionally Non‑prohibited Goods) Determination 2016
Part 2—Alternative conditions for Christmas Island
Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Christmas Island) Determination 2016
Part 3—Alternative conditions for Cocos (Keeling) Islands
Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Cocos (Keeling) Islands) Determination 2016
Part 4—Alternative conditions for Norfolk Island
Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Norfolk Island) Determination 2016
Schedule 2—Amendments relating to hair, teeth and bones
Part 1—Alternative conditions for the mainland
Biosecurity (Prohibited and Conditionally Non‑prohibited Goods) Determination 2016
Part 2—Alternative conditions for Christmas Island
Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Christmas Island) Determination 2016
Part 3—Alternative conditions for Cocos (Keeling) Islands
Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Cocos (Keeling) Islands) Determination 2016
Part 4—Alternative conditions for Norfolk Island
Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Norfolk Island) Determination 2016
1 Name
This instrument is the Biosecurity Legislation (Prohibited and Conditionally Non-prohibited Goods) Amendment (Alternative Conditions) Determination 2018.
2 Commencement
(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.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
Sections 1 to 4 and anything in this instrument not elsewhere covered by this table 25 July 2018. 25 July 2018
Schedule 1 25 July 2018. 25 July 2018
Schedule 2 The later of:(a) 25 July 2018; and(b) immediately after the commencement of Part 2 of Schedule 1 to the Biosecurity Legislation Amendment (Miscellaneous Measures) Act 2018.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 1 March 2019(paragraph (b) applies)
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.
(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.
3 Authority
This instrument is made under subsection 174(1) of the Biosecurity Act 2015.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Main amendments
Part 1—Alternative conditions for the mainland
Biosecurity (Prohibited and Conditionally Non‑prohibited Goods) Determination 2016
1 Section 5 (definition of FMD‑free country)
Omit “16 June 2016”, substitute “25 July 2018”.
2 Section 5 (definition of infectious agent)
Repeal the definition, substitute:
infectious agent includes any of the following (whether naturally occurring or synthetically created):
(a) a virus;
(b) a prion;
(c) a plasmid;
(d) a viroid;
(e) a thing that is a part of an infectious agent.
Examples: For the purposes of paragraph (e), capsids, envelopes, enzymes, genetic material coding for an infectious agent, proteins.
3 Section 5 (definitions of listed fresh produce for human consumption, listed permitted seeds and listed plant fibres)
Omit “30 June 2017”, substitute “25 July 2018”.
4 Section 5 (definition of microorganism)
Repeal the definition, substitute:
microorganism includes any of the following (whether naturally occurring or synthetically created):
(a) a single‑celled organism (whether an animal or plant);
(b) a bacterium;
(c) a protozoan;
(d) a fungus;
(e) a plant pathogen;
(f) a thing that is a part of a microorganism.
Examples: For the purposes of paragraph (f), envelopes, enzymes, genetic material coding for a microorganism, proteins.
5 Paragraph 7(c)
Repeal the paragraph.
6 Paragraph 10(2)(a)
Repeal the paragraph, substitute:
(a) cooked biscuits, cooked breads, cooked cakes or cooked pastries (other than biscuits, breads, cakes or pastries covered by item 4 of the table in section 16);
7 Paragraph 10(2)(f)
Omit “for example, cochineal”, substitute “other than carminic acid in relation to which alternative conditions are specified in section 36”.
8 Subsection 10(3) (table item 24)
Repeal the item, substitute:
24
Processed black and green tea (Camellia sinensis) leaves for human consumption
10 Subsection 13(2) (cell at table item 4, column 2)
Repeal the cell, substitute:
Either:<br>(a) the goods are for personal use; or<br>(b) the goods:<br>(i) are clean and free from other animal or plant material and soil; and<br>(ii) have been scoured or sterilised to manage biosecurity risks associated with the goods to an acceptable level; and<br>(iii) are accompanied by evidence stating that the goods have been scoured or sterilised to manage biosecurity risks associated with the goods to an acceptable level
11 Subsection 13(2) (cell at table item 5, column 2)
Repeal the cell, substitute:
The goods are clean and free from other animal or plant material and soil, and:<br>(a) the goods are fully contained within a manufactured product; or<br>(b) the goods are accompanied by documentation stating that the goods have been treated with a treatment the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; or<br>(c) the goods are to be treated in accordance with an approved arrangement, while subject to biosecurity control, with a treatment the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; or<br>(d) all of the following:<br>(i) the goods are part of one or more manufactured products;<br>(ii) the quantity of the manufactured products is not more than 10;<br>(iii) the goods are for personal use
12 Subsection 13(2) (table item 6)
Repeal the item, substitute:
6
Wool or fibre from sheep, goats or camelids
Either:<br>(a) the goods:<br>(i) are clean and free from other animal or plant material and soil; and<br>(ii) have been commercially prepared, processed and packaged; and<br>(iii) are ready for retail sale; or<br>(b) the goods:<br>(i) have been scoured to manage the biosecurity risks associated with the goods to an acceptable level or treated with a treatment the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; and<br>(ii) if the gross weight of the goods is more than 500 grams—are accompanied by evidence that the condition referred to in subparagraph (i) has been complied with
13 Subsection 13(2) (at the end of the table)
Add:
17
Empty giant African snail shells
The goods:<br>(a) are not viable; and<br>(b) are clean and free from other animal or plant material and soil
14 Section 14 (heading)
Repeal the heading, substitute:
14 Alternative conditions—dead aquatic animals, aquatic animal parts and related goods
15 Subsection 14(1)
Omit “does not apply to dead fish, crustaceans or related goods that are intended for”, substitute “applies to dead aquatic animals, aquatic animal parts and related goods that are not viable and are not intended for”.
Alternative conditions—dead aquatic animals, aquatic animal parts and related goods
18 Subsection 14(2) (table items 1 and 2, column 1)
Omit “Dead teleost”, substitute “Teleost”.
19 Subsection 14(2) (table item 3)
Repeal the item, substitute:
3
Cartilaginous fish (including dried fish), other than fish meal
Either:<br>(a) the goods are clean and free from other animal or plant material and soil; or<br>(b) the goods:<br>(i) have been processed to manage biosecurity risks associated with the goods to an acceptable level; and<br>(ii) are fit for human consumption
Cnidarians, crustaceans (other than prawns, freshwater crayfish or crustacean meal), echinoderms, molluscs (other than oysters in full or half shell or freshwater snails) poriferans and tunicates
The goods are clean and free from other animal or plant material and soil
(d) the goods contain less than 10% by dry weight (other than added water) of dairy products
32 Subsection 16(2) (cell at table item 4, column 1)
Repeal the cell, substitute:
The following goods:<br>(a) cheesecakes;<br>(b) cooked biscuits, cooked breads, cooked cakes or cooked pastries containing uncooked dairy fillings or toppings
33 Section 18 (table item 9)
Repeal the item.
34 After section 18
Insert:
18A Alternative conditions—animal products exported from Australian territory
For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing animal products that were exported from Australian territory into Australian territory.
Alternative conditions—animal products exported from Australian territory
Item Column 1 Goods Column 2 Alternative conditions
1 Animal products exported from Australian territory Either:(a) all of the following:(i) the goods were commercially manufactured in Australian territory;(ii) the goods were packaged in Australian territory by the manufacturer;(iii) the packaging indicates that the goods are a product of Australia;(iv) the packaging has not been opened and is not broken;(v) the goods are for personal use; or(b) all of the following:(i) the goods have not been unloaded from the shipping container in which they were exported from Australian territory;(ii) the Australian government container seal that was applied to the shipping container before the goods were exported is intact when the goods arrive at a landing place or port in Australian territory;(iii) if the goods, or any ingredients in the goods, had previously been imported into Australian territory—those goods or ingredients were released from biosecurity control under paragraph 162(1)(a), (b) or (c) of the Act before they were exported
35 Section 21 (table)
Repeal the table, substitute:
Alternative conditions—cosmetics and related goods
Item Column 1 Goods Column 2 Alternative conditions
1 Cosmetics containing biological material for human use The goods:(a) have been commercially manufactured, prepared and packaged; and(b) are ready for retail sale without any further processing; and(c) either:(i) are for personal use; or(ii) contain, in total, less than 20% by mass of material of animal origin (other than material of animal origin that is covered by an item in a table in this Division)
2 Soap All of the following:(a) the goods have been commercially prepared;(b) the biological ingredients of the goods have undergone a process of saponification;(c) after saponification, no material of animal origin has been added (other than material of animal origin that is covered by an item in a table in this Division)
36 Section 23 (after the heading)
Insert:
(1) This section does not apply to plant materials or plant products that are intended for:
The goods:<br>(a) are in clean and new packaging; and<br>(b) are clean and free from other animal or plant material and soil; and<br>(c) are treated or processed, while subject to biosecurity control, using a method that the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level
21
Dried herb products not for human consumption
The goods:<br>(a) are not viable; and<br>(b) are in clean and new packaging; and<br>(c) are clean and free from other animal or plant material and soil; and<br>(d) are accompanied by documentation that includes a detailed product description and a full list of ingredients including botanical names (genus and species) of the goods
40 Section 29 (at the end of the cell at table item 5A, column 1)
Add:
, other than goods covered by item 5B
41 Section 29 (after table item 5A)
Insert:
5B
Species of mushrooms that:<br>(a) are in the form of a tablet, capsule, liquid, injectable vial or ointment, or are an ingredient in food or a beverage, including in a tea bag; and<br>(b) are for use for medicinal purposes
The goods:<br>(a) are listed medicinal mushrooms; and<br>(b) have been commercially prepared and packaged; and<br>(c) either:<br>(i) are accompanied by commercial documentation stating the botanical name of the goods (including genus and species), and a description of the packaging used for the goods; or<br>(ii) are for personal use and in a quantity of not more than 3 months’ supply
42 Section 31 (table items 1, 2 and 3)
Repeal the items, substitute:
1
Timber and timber products, other than goods covered by another item in this table
Both of the following:<br>(a) the goods are free from pests;<br>(b) the goods:<br>(i) are free from bark and have been processed or manufactured to be 200 millimetres or less in diameter in at least one dimension; or<br>(ii) are accompanied by a phytosanitary certificate issued by the exporting country’s national plant protection organisation stating that biosecurity risks associated with the goods have been managed to an acceptable level; or<br>(iii) are accompanied by evidence that demonstrates that the goods have been produced under an accreditation scheme that the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; or<br>(iv) are for personal use and are brought in as baggage or mail
43 Section 31 (cell at table item 4, column 2)
Repeal the cell, substitute:
The goods:<br>(a) are accompanied by commercial documentation that describes the goods and all ingredients; and<br>(b) have been commercially packaged in clean and new packaging
44 Section 31 (table item 8)
Repeal the item, substitute:
8
Sawdust and woodchips of plant origin only, other than goods intended for:<br>(a) animal consumption; or<br>(b) use as a bioremedial agent or fertiliser
The goods have been commercially packaged in clean and new packaging
45 Subsection 32(3) (table item 25)
Omit “Hasagawaea”, substitute “Hasegawaea”.
46 Subsection 32(3) (table item 27)
Omit “Hypopichia”, substitute “Hyphopichia”.
47 Subsection 32(3) (table item 35)
Omit “pentasaceus”, substitute “pentosaceus”.
48 Subsection 32(3) (table item 36)
Omit “camembertii)”, substitute “camembertii and Penicillium candidum)”.
49 Subsection 36(2) (heading)
Repeal the heading, substitute:
Biological material intended for human consumption, in‑vitro purposes or human therapeutic use or contained in cosmetics for human use
50 Subsection 36(4) (after table item 1)
Insert:
1A
Carminic acid
51 Subsection 36(4) (after table item 3)
Insert:
3A
Cyclosporin (except if manufactured using materials of terrestrial animal or avian origin)
3B
Diethylaminoethyl (DEAE) dextran (except if manufactured using materials of terrestrial animal or avian origin)
Part 2—Alternative conditions for Christmas Island
Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Christmas Island) Determination 2016
52 Subsection 5(2) (after paragraph (f) of the note)
Insert:
(fa) infectious agent;
53 Subsection 5(2) (after paragraph (h) of the note)
Insert:
(ha) microorganism;
54 Paragraph 6(2)(b)
Repeal the paragraph, substitute:
(b) cooked biscuits, cooked breads, cooked cakes or cooked pastries;
55 Paragraph 6(2)(j)
Omit “for example, cochineal”, substitute “other than carminic acid in relation to which alternative conditions are specified in section 30”.
56 Subsection 6(3) (table item 24)
Repeal the item, substitute:
24
Processed black and green tea (Camellia sinensis) leaves for human consumption
57 Subsection 8(2) (table item 2, column 1)
Omit “wool, goat fibre or other animal fibre”, substitute “wool or fibre from sheep, goats or camelids”.
58 Subsection 8(2) (cell at table item 3, column 2)
Repeal the cell, substitute:
The goods are clean and free from other animal or plant material and soil, and:<br>(a) the goods are fully contained within a manufactured product; or<br>(b) the goods are accompanied by documentation stating that the goods have been treated with a treatment the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; or<br>(c) the goods are to be treated in accordance with an approved arrangement, while subject to biosecurity control, with a treatment the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; or<br>(d) all of the following:<br>(i) the goods are part of one or more manufactured products;<br>(ii) the quantity of the manufactured products is not more than 10;<br>(iii) the goods are for personal use
59 Subsection 8(2) (table item 4)
Repeal the item, substitute:
4
Wool or fibre from sheep, goats or camelids
Either:<br>(a) the goods:<br>(i) are clean and free from other animal or plant material and soil; and<br>(ii) have been commercially prepared, processed and packaged; and<br>(iii) are ready for retail sale; or<br>(b) the goods:<br>(i) have been scoured to manage the biosecurity risks associated with the goods to an acceptable level or treated with a treatment the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; and<br>(ii) if the gross weight of the goods is more than 500 grams—are accompanied by evidence that the condition referred to in subparagraph (i) has been complied with
60 Subsection 8(2) (at the end of the table)
Add:
15
Empty giant African snail shells
The goods:<br>(a) are not viable; and<br>(b) are clean and free from other animal or plant material and soil
61 Section 15 (table)
Repeal the table, substitute:
Alternative conditions—cosmetics and related goods
Item Column 1 Goods Column 2 Alternative conditions
1 Cosmetics containing biological material for human use The goods:(a) have been commercially manufactured, prepared and packaged; and(b) are ready for retail sale without any further processing; and(c) either:(i) are for personal use; or(ii) contain, in total, less than 20% by mass of material of animal origin (other than material of animal origin that is covered by an item in a table in this Division)
2 Soap All of the following:(a) the goods have been commercially prepared;(b) the biological ingredients of the goods have undergone a process of saponification;(c) after saponification, no material of animal origin has been added (other than material of animal origin that is covered by an item in a table in this Division)
62 Section 17 (after the heading)
Insert:
(1) This section does not apply to plant materials or plant products that are intended for:
The goods:<br>(a) are not viable; and<br>(b) are in clean and new packaging; and<br>(c) are clean and free from other animal or plant material and soil; and<br>(d) are accompanied by documentation that includes a detailed product description and a full list of ingredients including botanical names (genus and species) of the goods
66 Section 23 (at the end of the cell at table item 4A, column 1)
Add:
other than goods covered by item 4B
67 Section 23 (after table item 4A)
Insert:
4B
Species of mushrooms that:<br>(a) are in the form of a tablet, capsule, liquid, injectable vial or ointment, or are an ingredient in food or a beverage, including in a tea bag; and<br>(b) are for use for medicinal purposes
The goods:<br>(a) are listed medicinal mushrooms; and<br>(b) have been commercially prepared and packaged; and<br>(c) either:<br>(i) are accompanied by commercial documentation stating the botanical name of the goods (including genus and species), and a description of the packaging used for the goods; or<br>(ii) are for personal use and in a quantity of not more than 3 months’ supply
68 Section 25 (table items 1 and 2)
Repeal the items, substitute:
1
Timber and timber products, other than goods covered by another item in this table
Both of the following:<br>(a) the goods are free from pests;<br>(b) the goods:<br>(i) are free from bark and have been processed or manufactured to be 200 millimetres or less in diameter in at least one dimension; or<br>(ii) are accompanied by a phytosanitary certificate issued by the exporting country’s national plant protection organisation stating that biosecurity risks associated with the goods have been managed to an acceptable level; or<br>(iii) are accompanied by evidence that demonstrates that the goods have been produced under an accreditation scheme that the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; or<br>(iv) are for personal use and are brought in as baggage or mail
69 Section 25 (cell at table item 3, column 2)
Repeal the cell, substitute:
Either:<br>(a) the goods are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island); or<br>(b) both of the following:<br>(i) the goods are accompanied by commercial documentation that describes the goods and all ingredients;<br>(ii) the goods have been commercially packaged in clean and new packaging
70 Section 25 (table item 7)
Repeal the item, substitute:
7
Sawdust and woodchips of plant origin only, other than goods intended for:<br>(a) animal consumption; or<br>(b) use as a bioremedial agent or fertiliser
The goods have been commercially packaged in clean and new packaging
71 Subsection 26(3) (table item 25)
Omit “Hasagawaea”, substitute “Hasegawaea”.
72 Subsection 26(3) (table item 27)
Omit “Hypopichia”, substitute “Hyphopichia”.
73 Subsection 26(3) (table item 35)
Omit “pentasaceus”, substitute “pentosaceus”.
74 Subsection 26(3) (table item 36)
Omit “camembertii)”, substitute “camembertii and Penicillium candidum)”.
75 Subsection 30(2) (heading)
Repeal the heading, substitute:
Biological material intended for human consumption, in‑vitro purposes or human therapeutic use or contained in cosmetics for human use
76 Subsection 30(4) (after table item 1)
Insert:
1A
Carminic acid
77 Subsection 30(4) (after table item 3)
Insert:
3A
Cyclosporin (except if manufactured using materials of terrestrial animal or avian origin)
3B
Diethylaminoethyl (DEAE) dextran (except if manufactured using materials of terrestrial animal or avian origin)
Part 3—Alternative conditions for Cocos (Keeling) Islands
Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Cocos (Keeling) Islands) Determination 2016
78 Subsection 5(2) (after paragraph (f) of the note)
Insert:
(fa) infectious agent;
79 Subsection 5(2) (after paragraph (h) of the note)
Insert:
(ha) microorganism;
80 Paragraph 6(2)(a)
Repeal the paragraph, substitute:
(a) cooked biscuits, cooked breads, cooked cakes or cooked pastries (other than biscuits, breads, cakes or pastries covered by item 4 of the table in section 11);
81 Paragraph 6(2)(h)
Omit “for example, cochineal”, substitute “other than carminic acid in relation to which alternative conditions are specified in section 31”.
82 Subsection 6(3) (table item 24)
Repeal the item, substitute:
24
Processed black and green tea (Camellia sinensis) leaves for human consumption
83 Subsection 8(2) (table item 2, column 1)
Omit “wool, goat fibre or other animal fibre”, substitute “wool or fibre from sheep, goats or camelids”.
84 Subsection 8(2) (cell at table item 3, column 2)
Repeal the cell, substitute:
The goods are clean and free from other animal or plant material and soil, and:<br>(a) the goods are fully contained within a manufactured product; or<br>(b) the goods are accompanied by documentation stating that the goods have been treated with a treatment the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; or<br>(c) the goods are to be treated in accordance with an approved arrangement, while subject to biosecurity control, with a treatment the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; or<br>(d) all of the following:<br>(i) the goods are part of one or more manufactured products;<br>(ii) the quantity of the manufactured products is not more than 10;<br>(iii) the goods are for personal use
85 Subsection 8(2) (table item 4)
Repeal the item, substitute:
4
Wool or fibre from sheep, goats or camelids
Either:<br>(a) the goods:<br>(i) are clean and free from other animal or plant material and soil; and<br>(ii) have been commercially prepared, processed and packaged; and<br>(iii) are ready for retail sale; or<br>(b) the goods:<br>(i) have been scoured to manage the biosecurity risks associated with the goods to an acceptable level or treated with a treatment the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; and<br>(ii) if the gross weight of the goods is more than 500 grams—are accompanied by evidence that the condition referred to in subparagraph (i) has been complied with
86 Subsection 8(2) (at the end of the table)
Add:
15
Empty giant African snail shells
The goods:<br>(a) are not viable; and<br>(b) are clean and free from other animal or plant material and soil
(e) the goods contain less than 10% by dry weight (other than added water) of dairy products
92 Subsection 11(2) (cell at table item 4, column 1)
Repeal the cell, substitute:
The following goods:<br>(a) cheesecakes;<br>(b) cooked biscuits, cooked breads, cooked cakes or cooked pastries containing uncooked dairy fillings or toppings
93 Section 16 (table)
Repeal the table, substitute:
Alternative conditions—cosmetics and related goods
Item Column 1 Goods Column 2 Alternative conditions
1 Cosmetics containing biological material for human use The goods:(a) have been commercially manufactured, prepared and packaged; and(b) are ready for retail sale without any further processing; and(c) either:(i) are for personal use; or(ii) contain, in total, less than 20% by mass of material of animal origin (other than material of animal origin that is covered by an item in a table in this Division)
2 Soap All of the following:(a) the goods have been commercially prepared;(b) the biological ingredients of the goods have undergone a process of saponification;(c) after saponification, no material of animal origin has been added (other than material of animal origin that is covered by an item in a table in this Division)
94 Section 18 (after the heading)
Insert:
(1) This section does not apply to plant materials or plant products that are intended for:
The goods:<br>(a) are not viable; and<br>(b) are in clean and new packaging; and<br>(c) are clean and free from other animal or plant material and soil; and<br>(d) are accompanied by documentation that includes a detailed product description and a full list of ingredients including botanical names (genus and species) of the goods
98 Section 24 (at the end of the cell at table item 4A, column 1)
Add:
other than goods covered by item 4B
99 Section 24 (after table item 4A)
Insert:
4B
Species of mushrooms that:<br>(a) are in the form of a tablet, capsule, liquid, injectable vial or ointment, or are an ingredient in food or a beverage, including in a tea bag; and<br>(b) are for use for medicinal purposes
The goods:<br>(a) are listed medicinal mushrooms; and<br>(b) have been commercially prepared and packaged; and<br>(c) either:<br>(i) are accompanied by commercial documentation stating the botanical name of the goods (including genus and species), and a description of the packaging used for the goods; or<br>(ii) are for personal use and in a quantity of not more than 3 months’ supply
100 Section 26 (table items 1 and 2)
Repeal the items, substitute:
1
Timber and timber products, other than goods covered by another item in this table
Both of the following:<br>(a) the goods are free from pests;<br>(b) the goods:<br>(i) are free from bark and have been processed or manufactured to be 200 millimetres or less in diameter in at least one dimension; or<br>(ii) are accompanied by a phytosanitary certificate issued by the exporting country’s national plant protection organisation stating that biosecurity risks associated with the goods have been managed to an acceptable level; or<br>(iii) are accompanied by evidence that demonstrates that the goods have been produced under an accreditation scheme that the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; or<br>(iv) are for personal use and are brought in as baggage or mail
101 Section 26 (cell at table item 3, column 2)
Repeal the cell, substitute:
Either:<br>(a) the goods are brought or imported from a part of Australian territory (other than Christmas Island or Norfolk Island); or<br>(b) both of the following:<br>(i) the goods are accompanied by commercial documentation that describes the goods and all ingredients;<br>(ii) the goods have been commercially packaged in clean and new packaging
102 Section 26 (table item 7)
Repeal the item, substitute:
7
Sawdust and woodchips of plant origin only, other than goods intended for:<br>(a) animal consumption; or<br>(b) use as a bioremedial agent or fertiliser
The goods have been commercially packaged in clean and new packaging
103 Subsection 27(3) (table item 25)
Omit “Hasagawaea”, substitute “Hasegawaea”.
104 Subsection 27(3) (table item 27)
Omit “Hypopichia”, substitute “Hyphopichia”.
105 Subsection 27(3) (table item 35)
Omit “pentasaceus”, substitute “pentosaceus”.
106 Subsection 27(3) (table item 36)
Omit “camembertii)”, substitute “camembertii and Penicillium candidum)”.
107 Subsection 31(2) (heading)
Repeal the heading, substitute:
Biological material intended for human consumption, in‑vitro purposes or human therapeutic use or contained in cosmetics for human use
108 Subsection 31(4) (after table item 1)
Insert:
1A
Carminic acid
109 Subsection 31(4) (after table item 3)
Insert:
3A
Cyclosporin (except if manufactured using materials of terrestrial animal or avian origin)
3B
Diethylaminoethyl (DEAE) dextran (except if manufactured using materials of terrestrial animal or avian origin)
Part 4—Alternative conditions for Norfolk Island
Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Norfolk Island) Determination 2016
110 Subsection 5(2) (after paragraph (f) of the note)
Insert:
(fa) infectious agent;
111 Subsection 5(2) (after paragraph (h) of the note)
Insert:
(ha) microorganism;
112 Paragraph 6(2)(a)
Repeal the paragraph, substitute:
(a) cooked biscuits, cooked breads, cooked cakes or cooked pastries (other than biscuits, breads, cakes or pastries covered by item 4 of the table in section 11);
113 Paragraph 6(2)(f)
Omit “for example, cochineal”, substitute “other than carminic acid in relation to which alternative conditions are specified in section 30”.
114 Subsection 6(3) (table item 24)
Repeal the item, substitute:
24
Processed black and green tea (Camellia sinensis) leaves for human consumption
115 Subsection 8(2) (table item 3, column 1)
Omit “wool, goat fibre or other animal fibre”, substitute “wool or fibre from sheep, goats or camelids”.
116 Subsection 8(2) (cell at table item 4, column 2)
Repeal the cell, substitute:
The goods are clean and free from other animal or plant material and soil, and:<br>(a) the goods are fully contained within a manufactured product; or<br>(b) the goods are accompanied by documentation stating that the goods have been treated with a treatment the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; or<br>(c) the goods are to be treated in accordance with an approved arrangement, while subject to biosecurity control, with a treatment the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; or<br>(d) all of the following:<br>(i) the goods are part of one or more manufactured products;<br>(ii) the quantity of the manufactured products is not more than 10;<br>(iii) the goods are for personal use
117 Subsection 8(2) (table item 5)
Repeal the item, substitute:
5
Wool or fibre from sheep, goats or camelids
Either:<br>(a) the goods:<br>(i) are clean and free from other animal or plant material and soil; and<br>(ii) have been commercially prepared, processed and packaged; and<br>(iii) are ready for retail sale; or<br>(b) the goods:<br>(i) have been scoured to manage the biosecurity risks associated with the goods to an acceptable level or treated with a treatment the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; and<br>(ii) if the gross weight of the goods is more than 500 grams—are accompanied by evidence that the condition referred to in subparagraph (i) has been complied with
118 Subsection 8(2) (at the end of the table)
Add:
18
Empty giant African snail shells
The goods:<br>(a) are not viable; and<br>(b) are clean and free from other animal or plant material and soil
119 Section 9 (heading)
Repeal the heading, substitute:
9 Alternative conditions—dead aquatic animals, aquatic animal parts and related goods
120 Subsection 9(1)
Omit “does not apply to dead fish, crustaceans or related goods that are intended for”, substitute “applies to dead aquatic animals, aquatic animal parts and related goods that are not viable and are not intended for”.
Cartilaginous fish (including dried fish), other than fish meal
Either:<br>(a) the goods are clean and free from other animal or plant material and soil; or<br>(b) the goods:<br>(i) have been processed to manage biosecurity risks associated with the goods to an acceptable level; and<br>(ii) are fit for human consumption
Cnidarians, crustaceans (other than prawns, freshwater crayfish or crustacean meal), echinoderms, molluscs (other than oysters in full or half shell or freshwater snails) poriferans and tunicates
The goods are clean and free from other animal or plant material and soil
(d) the goods contain less than 10% by dry weight (other than added water) of dairy products
137 Subsection 11(2) (cell at table item 4, column 1)
Repeal the cell, substitute:
The following goods:<br>(a) cheesecakes;<br>(b) cooked biscuits, cooked breads, cooked cakes or cooked pastries containing uncooked dairy fillings or toppings
138 Section 16 (table)
Repeal the table, substitute:
Alternative conditions—cosmetics and related goods
Item Column 1 Goods Column 2 Alternative conditions
1 Cosmetics containing biological material for human use The goods:(a) have been commercially manufactured, prepared and packaged; and(b) are ready for retail sale without any further processing; and(c) either:(i) are for personal use; or(ii) contain, in total, less than 20% by mass of material of animal origin (other than material of animal origin that is covered by an item in a table in this Division)
2 Soap All of the following:(a) the goods have been commercially prepared;(b) the biological ingredients of the goods have undergone a process of saponification;(c) after saponification, no material of animal origin has been added (other than material of animal origin that is covered by an item in a table in this Division)
139 Section 18 (after the heading)
Insert:
(1) This section does not apply to plant materials or plant products that are intended for:
The goods:<br>(a) are not viable; and<br>(b) are in clean and new packaging; and<br>(c) are clean and free from other animal or plant material and soil; and<br>(d) are accompanied by documentation that includes a detailed product description and a full list of ingredients including botanical names (genus and species) of the goods
143 Section 23 (at the end of the cell at table item 5, column 1)
Add:
other than goods covered by item 5A
144 Section 23 (after table item 5)
Insert:
5A
Species of mushrooms that:<br>(a) are in the form of a tablet, capsule, liquid, injectable vial or ointment, or are an ingredient in food or a beverage, including in a tea bag; and<br>(b) are for use for medicinal purposes
The goods:<br>(a) are listed medicinal mushrooms; and<br>(b) have been commercially prepared and packaged; and<br>(c) either:<br>(i) are accompanied by commercial documentation stating the botanical name of the goods (including genus and species), and a description of the packaging used for the goods; or<br>(ii) are for personal use and in a quantity of not more than 3 months’ supply
145 Section 25 (table items 1 and 2)
Repeal the items, substitute:
1
Timber and timber products, other than goods covered by another item in this table
Both of the following:<br>(a) the goods are free from pests;<br>(b) the goods:<br>(i) are free from bark and have been processed or manufactured to be 200 millimetres or less in diameter in at least one dimension; or<br>(ii) are accompanied by a phytosanitary certificate issued by the exporting country’s national plant protection organisation stating that biosecurity risks associated with the goods have been managed to an acceptable level; or<br>(iii) are accompanied by evidence that demonstrates that the goods have been produced under an accreditation scheme that the Director of Biosecurity is satisfied is appropriate to manage the biosecurity risks associated with the goods to an acceptable level; or<br>(iv) are for personal use and are brought in as baggage or mail
146 Section 25 (cell at table item 3, column 2)
Repeal the cell, substitute:
Either:<br>(a) the goods are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands); or<br>(b) both of the following:<br>(i) the goods are accompanied by commercial documentation that describes the goods and all ingredients;<br>(ii) the goods have been commercially packaged in clean and new packaging
147 Section 25 (table item 7)
Repeal the item, substitute:
7
Sawdust and woodchips of plant origin only, other than goods intended for:<br>(a) animal consumption; or<br>(b) use as a bioremedial agent or fertiliser
The goods have been commercially packaged in clean and new packaging
148 Subsection 26(3) (table item 25)
Omit “Hasagawaea”, substitute “Hasegawaea”.
149 Subsection 26(3) (table item 27)
Omit “Hypopichia”, substitute “Hyphopichia”.
150 Subsection 26(3) (table item 35)
Omit “pentasaceus”, substitute “pentosaceus”.
151 Subsection 26(3) (table item 36)
Omit “camembertii)”, substitute “camembertii and Penicillium candidum)”.
152 Subsection 30(2) (heading)
Repeal the heading, substitute:
Biological material intended for human consumption, in‑vitro purposes or human therapeutic use or contained in cosmetics for human use
153 Subsection 30(4) (after table item 1)
Insert:
1A
Carminic acid
154 Subsection 30(4) (after table item 3)
Insert:
3A
Cyclosporin (except if manufactured using materials of terrestrial animal or avian origin)
3B
Diethylaminoethyl (DEAE) dextran (except if manufactured using materials of terrestrial animal or avian origin)
Schedule 2—Amendments relating to hair, teeth and bones
Part 1—Alternative conditions for the mainland
Biosecurity (Prohibited and Conditionally Non‑prohibited Goods) Determination 2016
1 Section 48 (heading)
Omit “(other than human remains)”.
2 Paragraphs 48(1)(a) to (c)
Repeal the paragraphs, substitute:
(a) hair from a human’s body (including hair from a deceased human’s body that has been separated from the deceased human’s body);
(b) teeth from a human’s body (including teeth from a deceased human’s body that have been separated from the deceased human’s body);
(c) bones from a human’s body (including bones from a deceased human’s body that have been separated from the deceased human’s body).
Part 2—Alternative conditions for Christmas Island
Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Christmas Island) Determination 2016
3 Section 42 (heading)
Omit “(other than human remains)”.
4 Paragraphs 42(1)(a) to (c)
Repeal the paragraphs, substitute:
(a) hair from a human’s body (including hair from a deceased human’s body that has been separated from the deceased human’s body);
(b) teeth from a human’s body (including teeth from a deceased human’s body that have been separated from the deceased human’s body);
(c) bones from a human’s body (including bones from a deceased human’s body that have been separated from the deceased human’s body).
Part 3—Alternative conditions for Cocos (Keeling) Islands
Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Cocos (Keeling) Islands) Determination 2016
5 Section 43 (heading)
Omit “(other than human remains)”.
6 Paragraphs 43(1)(a) to (c)
Repeal the paragraphs, substitute:
(a) hair from a human’s body (including hair from a deceased human’s body that has been separated from the deceased human’s body);
(b) teeth from a human’s body (including teeth from a deceased human’s body that have been separated from the deceased human’s body);
(c) bones from a human’s body (including bones from a deceased human’s body that have been separated from the deceased human’s body).
Part 4—Alternative conditions for Norfolk Island
Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Norfolk Island) Determination 2016
7 Section 42 (heading)
Omit “(other than human remains)”.
8 Paragraphs 42(1)(a) to (c)
Repeal the paragraphs, substitute:
(a) hair from a human’s body (including hair from a deceased human’s body that has been separated from the deceased human’s body);
(b) teeth from a human’s body (including teeth from a deceased human’s body that have been separated from the deceased human’s body);
(c) bones from a human’s body (including bones from a deceased human’s body that have been separated from the deceased human’s body).