CTHIn ForceLegislation
Biosecurity Regulation 2016
15Notice of goods to be unloaded in Norfolk Island, Christmas Island or Cocos (Keeling) Islands
Start here
Get a plain-English read of 15
Turn the raw legal text into a practical explanation grounded in Biosecurity Regulation 2016.
#### 15 Notice of goods to be unloaded in Norfolk Island, Christmas Island or Cocos (Keeling) Islands
Application
(1) This section makes provision in relation to a notice of goods (the goods) that are, or are intended to be:
(a) brought into Norfolk Island, Christmas Island or Cocos (Keeling) Islands (the relevant external Territory) on an aircraft or vessel from a place outside the relevant external Territory (including a place that is in another part of Australian territory); and
(b) unloaded at a landing place or port in the relevant external Territory.
> Note 1: Under the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 and subsection 618(1) of the Act, goods that move from certain parts of Australian territory to another part of Australian territory (for example, from a place on mainland Australia to Christmas Island) are treated as having entered Australian territory from outside Australian territory.
> Note 2: A failure to give a notice containing the information referred to in this section in relation to the goods may contravene subsection 120(5) of the Act.
> Note 3: Notice is not required to be given in relation to certain kinds of goods (see section 16).
> Note 4: This section applies in relation to goods that are, or are intended to be, brought into Norfolk Island on or after 1 July 2016 and unloaded at a landing place or port in Norfolk Island (see subsection 4(2)).
Who may give notice
(2) Each of the following persons is prescribed for the purposes of subsection 120(2) of the Act in relation to the goods:
(a) the operator of the aircraft or vessel on which the goods are, or are intended to be, brought into the relevant external Territory;
(b) each slot charterer (if any) who arranged for the transport of the goods into the relevant external Territory;
(c) each freight forwarder (if any) who arranged for the transport of the goods into the relevant external Territory;
(d) each person who is responsible for arranging to bring the goods into the relevant external Territory;
(e) each customs broker (if any) who arranged for the goods to be brought into the relevant external Territory.
Information that must be included in notice
(3) The information in relation to the goods that must be included in the notice is the information prescribed in subsection (4) that the person giving the notice is aware of or could reasonably be expected to be aware of.
(4) For subsection (3), the information in relation to the goods is as follows:
(a) information identifying the aircraft (including the flight number) or vessel (including the voyage number);
(b) the place where the goods were, or are intended to be, loaded onto the aircraft or vessel;
(c) the first landing place or port in the relevant external Territory where the goods are intended to be brought;
(d) each landing place or port in the relevant external Territory where the goods are intended to be unloaded;
(e) the estimated day of arrival at each landing place or port referred to in paragraphs (c) and (d) of the aircraft or vessel bringing the goods to the landing place or port;
(f) the name and contact details of the person giving the notice;
(g) the number of the waybill or bill of lading (however described) for the goods;
(h) a description of the goods;
(i) the place of origin of the goods, and any additional information about where the goods were manufactured, grown or obtained required by the approved form;
(j) whether the goods are unaccompanied personal effects;
(k) if the goods are, or are intended to be, brought into the relevant external Territory on a vessel:
(i) whether the goods are, or are intended to be, a full container load or less than a full container load, or carried as bulk cargo or break‑bulk cargo; and
(ii) whether the goods are defined within both Australian and international standards as being hazardous;
(l) if the goods are intended to be transhipped to a place outside Australian territory:
(i) information identifying the aircraft (including the flight number) or vessel (including the voyage number) on which the goods are intended to be transhipped; and
(ii) the landing place or port where it is intended the aircraft or vessel will leave Australian territory; and
(iii) the estimated day the aircraft or vessel is intended to leave Australian territory;
(m) the number and type of packages containing the goods;
(n) the number of each container containing the goods;
(o) if the goods include animals:
(i) the number of the permit authorising the goods to be brought or imported into Australian territory; and
(ii) the address in Australian territory where the goods are intended to be kept; and
(iii) the species of each kind of animal.
Manner in which notice must be given
(5) The notice must be given in writing and may be given electronically.
> Note: The notice must be in a form or forms approved by the Director of Biosecurity (see paragraph 120(3)(d) of the Act).
Person to whom notice must be given
(6) A notice must be given to a biosecurity official or a customs officer.
(7) If the notice is given using an electronic system, the notice is taken to have been given to a biosecurity official or a customs officer.
When notice must be given
(8) The notice must be given:
(a) if the goods are, or are intended to be, brought into the relevant external Territory on an aircraft—no later than 2 hours before the aircraft is estimated to arrive at its first landing place in the relevant external Territory; or
(b) if the goods are, or are intended to be, brought into the relevant external Territory on a vessel—no later than:
(i) 60 hours before the vessel is estimated to arrive at its first port in the relevant external Territory; or
(ii) if the voyage is shorter than 60 hours—24 hours before the vessel is estimated to arrive at its first port in the relevant external Territory.