Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 174

  (1)   The Director of Biosecurity and the Director of Human Biosecurity may jointly determine that specified classes of goods must not be brought or imported into Australian territory unless specified conditions (including conditions for administrative purposes) are complied with.

  (2)   Goods included in a class of goods specified in a determination in force under subsection   (1) are conditionally non - prohibited goods .

  (3)   Before a determination under subsection   (1) is made:

  (a)   a risk assessment must be conducted by a biosecurity worker in relation to the making of that determination; and

  (b)   the Director of Biosecurity:

  (i)   must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment; and

  (ii)   must consider the risk assessment; and

  (iii)   may also consider any other matters that the Director considers relevant; and

  (c)   the Director of Human Biosecurity:

  (i)   must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment; and

  (ii)   must consider the risk assessment; and

  (iii)   may also consider any other matters that the Director considers relevant.

  (4)   Without limiting subsection   (1), a determination under that subsection may specify either, or both, of the following in relation to a class of goods specified in the determination:

  (a)   a condition that goods included in that class must not be brought or imported into Australian territory unless a permit authorising the goods to be brought or imported into Australian territory has been granted under Division   3;

  (b)   a condition relating to the use of goods included in that class.

Note:   A permit may be granted under Division   3 subject to conditions (see section   180).

  (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.

  (6)   Despite subsection   14(2) of the Legislation Act 2003 , a determination under subsection   (1) may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing, as in force or existing from time to time, if the instrument or other writing is publicly available.

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:   The Director of Biosecurity may determine that conditionally non - prohibited goods (suspended goods) must not be brought or imported into Australian territory for a period of up to 6 months (see Division   4).

Note 3:   Division   5 sets out offences and civil penalty provisions relating to bringing or importing conditionally non - prohibited goods into Australian territory.

Note 4:   Conditionally non - prohibited goods that are brought or imported into Australian territory may be forfeited to the Commonwealth if a condition applying to the goods has not been complied with (see section   628).