Biosecurity Legislation (Prohibited and Conditionally Non-prohibited Goods) Amendment (Alternative Conditions) Determination 2017 (Cth)

Biosecurity Legislation (Prohibited and Conditionally Non‑prohibited Goods) Amendment (Alternative Conditions) Determination 2017

We, Daryl Quinlivan, Director of Biosecurity, and Professor Brendan Murphy, Director of Human Biosecurity, make the following determination.

Dated 13 December 2017

Daryl QuinlivanBrendan Murphy

Director of Biosecurity Director of Human Biosecurity

Contents

1............ Name............................................................................................................................. 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments commencing 21 December 2017 2

Part 1—Alternative conditions for the mainland 2

Biosecurity (Prohibited and Conditionally Non‑prohibited Goods) Determination 2016 2

Part 2—Alternative conditions for Christmas Island 18

Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Christmas Island) Determination 2016 18

Part 3—Alternative conditions for Cocos (Keeling) Islands 34

Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Cocos (Keeling) Islands) Determination 2016 34

Part 4—Alternative conditions for Norfolk Island 50

Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Norfolk Island) Determination 2016 50

Schedule 2—Amendments commencing 1 March 2018 76

Part 1—Alternative conditions for the mainland 76

Biosecurity (Prohibited and Conditionally Non‑prohibited Goods) Determination 2016 76

Part 2—Alternative conditions for Christmas Island 78

Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Christmas Island) Determination 2016 78

Part 3—Alternative conditions for Cocos (Keeling) Islands 80

Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Cocos (Keeling) Islands) Determination 2016 80

Part 4—Alternative conditions for Norfolk Island 82

Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Norfolk Island) Determination 2016 82

1 Name

This instrument is the Biosecurity Legislation (Prohibited and Conditionally Non-prohibited Goods) Amendment (Alternative Conditions) Determination 2017.

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
1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table	The day after this instrument is registered.	20 December 2017
2. Schedule 1	21 December 2017.	21 December 2017
3. Schedule 2	1 March 2018.	1 March 2018

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—Amendments commencing 21 December 2017

Part 1—Alternative conditions for the mainland

Biosecurity (Prohibited and Conditionally Non‑prohibited Goods) Determination 2016

1 Subsection 4(3)

Omit “subsection (2)”, substitute “subsection (1)”.

2 Section 5

Insert:

laboratory organism means a guinea pig, hamster, mouse, rabbit, rat or microorganism that is used in a laboratory.

listed country for canine semen means a country that is listed in the List of Countries for Canine Semen prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 21 December 2017.

Note: A country is listed in the List of Countries for Canine Semen if the Director of Biosecurity is satisfied that the level of biosecurity risk associated with canine semen brought or imported from that country is acceptable.

listed country for natural casings derived from bovine, caprine, ovine or porcine animals means a country that is listed in the List of Countries for Natural Casings Derived from Bovine, Caprine, Ovine or Porcine Animals prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 21 December 2017.

Note: A country is listed in the List of Countries for Natural Casings Derived from Bovine, Caprine, Ovine or Porcine Animals if the Director of Biosecurity is satisfied that the level of biosecurity risk associated with natural casings derived from animals born, raised and slaughtered in that country is acceptable.

listed medicinal mushrooms means mushrooms or fungi of a species listed in the List of Species of Medicinal Mushrooms or Fungi with Alternative Conditions for Import prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 21 December 2017.

Note: Mushrooms or fungi of a particular species are listed in the List of Species of Medicinal Mushrooms or Fungi with Alternative Conditions for Import if the Director of Biosecurity is satisfied that biosecurity risks associated with mushrooms or fungi of that species can be managed to an acceptable level.

3 Paragraphs 10(2)(c) and (d)

Repeal the paragraphs.

4 Subsection 10(3) (table item 7, column headed “Excluded plant goods”, paragraph (b))

Omit “the United States of America (other than California, Florida or Hawaii) or another country”, substitute “a country”.

5 Subsection 10(3) (after table item 8)

Insert:

8A	Dried apricot kernels (Prunus armeniaca)

6 Section 12

Repeal the section, substitute:

12 Alternative conditions—live animals and animal reproductive material

For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing certain live animals and animal reproductive material into Australian territory.

Alternative conditions—live animals and animal reproductive material
Item	Column 1 Goods	Column 2 Alternative conditions
1	Live domestic cats, dogs or rabbits brought or imported from New Zealand	The animal is accompanied by a health certificate for the animal that was signed by an official veterinarian not more than 5 days before the day the animal left New Zealand
2	Live domestic cats or dogs brought or imported from Norfolk Island	The animal is accompanied by a health certificate for the animal that was signed by a government officer not more than 5 days before the day the animal left Norfolk Island
3	Canine semen	The semen: (a) was collected in and brought or imported from a country that is a listed country for canine semen; and (b) is accompanied by a health certificate for the semen that was signed by an official veterinarian not more than 5 days before the day the semen left that country

7 Section 13 (after the heading)

Insert:

(1) This section does not apply to dead animals, animal parts or related goods that are intended for:

(a) animal consumption; or

(b) use as a bioremedial agent or fertiliser; or

(c) growing purposes; or

(d) veterinary therapeutic use.

8 Section 13

Before “For paragraph 11(1)(b)”, insert “(2)”.

9 Section 13 (table item 2)

Repeal the item, substitute:

Goods made with rawhide

Any of the following:

(a) not more than 10 of the same kind of goods are brought or imported into Australian territory together;

(b) the goods have been treated by immersion in a lime solution at a pH of at least 12.5 and are accompanied by a declaration from the manufacturer of the goods stating that fact;

(i) have been treated with gamma irradiation to a level that achieves a minimum of 50 kGray at a facility that the Director of Biosecurity is satisfied can treat goods made with rawhide so that biosecurity risks associated with the goods are managed to an acceptable level; and

(ii) are accompanied by written evidence stating the matter in subparagraph (i);

(d) the goods are treated, while subject to biosecurity control, with gamma irradiation to a level that achieves a minimum of 50 kGray

10 Section 13 (table item 5, column 1)

Omit “that are not intended for animal consumption, veterinary therapeutic use or use as fertiliser”.

11 Section 13 (after table item 5)

Insert:

Catgut strings derived from animal intestines for use in musical instruments or sporting equipment

The goods do not require refrigeration or any further processing

Catgut derived from animal intestines

All of the following:

(a) the goods were derived from bovine, caprine, ovine or porcine animals only;

(b) the animals from which the goods were derived were free from diseases of biosecurity concern at the time they were slaughtered;

(d) the goods are accompanied by a health certificate stating the matters referred to in paragraphs (a), (b) and (c)

12 Section 13 (cell at table item 10, column 1)

Repeal the cell, substitute:

The following goods:

(a) sea shells, other than oyster shells that are not part of manufactured goods;

(b) natural or cultured pearls for jewellery, personal use or display purposes

13 Section 13 (at the end of the table)

Add:

12	Casein glue or gelatine glue	The goods have been commercially prepared for industrial, commercial or hobby purposes
13	Untanned and partially processed game trophies, hides or skins that: (a) are not derived from avian animals; and (b) are from New Zealand	The goods: (a) were derived from animals (other than avian animals) that resided and were slaughtered in New Zealand; and (b) are accompanied by a health certificate stating the matter referred to in paragraph (a)
14	Untanned and partially processed game trophies, hides or skins that: (a) are derived from avian animals; and (b) are from New Zealand	The goods: (a) were derived from avian animals that resided and were slaughtered in New Zealand; and (b) have undergone one of the following processes: (i) treatment with salt or borax; (ii) immersion in an acid pickling solution at a pH of not more than 4; (iii) immersion in an alcohol solution; and (c) are accompanied by a health certificate stating the matters referred to in paragraphs (a) and (b)
15	Animal trophies, artefacts or handicraft items	All of the following: (a) the goods are more than 5 years old; (b) the goods are preserved so that they do not require refrigeration; (c) the goods are intended only for in‑vitro use or display by a museum or scientific institute, or in a public exhibition; (d) the goods, and any derivatives of the goods, must not come into contact with any animal; (e) the goods must not be used for isolation of microorganisms or infectious agents; (f) the goods are accompanied by a declaration from the manufacturer or supplier of the goods, stating the matters referred to in paragraphs (a) and (b); (g) the goods are accompanied by a declaration from the person bringing in or importing the goods stating all of the following: (i) the goods are intended only for in‑vitro use or display by a museum or scientific institute, or in a public exhibition; (ii) the goods, and any derivatives of the goods, will not come into contact with any animal; (iii) the goods will not be used for isolation of microorganisms or infectious agents
16	Bones, horns, antlers, tusks or teeth	The goods are clean and free from other animal or plant material and soil

14 Section 14 (after the heading)

Insert:

(1) This section does not apply to dead fish, crustaceans or related goods that are intended for:

(a) animal consumption; or

(b) use as a bioremedial agent or fertiliser; or

(c) growing purposes; or

(d) veterinary therapeutic use.

15 Section 14

Before “For paragraph 11(1)(b)”, insert “(2)”.

16 Subsection 15(2) (after table item 6)

Insert:

Natural casings derived from bovine, caprine, ovine or porcine animals

All of the following:

(a) the animals from which the goods were derived:

(i) were born, raised and slaughtered in one or more countries, each of which is a listed country for natural casings derived from bovine, caprine, ovine or porcine animals; and

(ii) were found to be free from contagious and infectious disease at ante‑mortem and post‑mortem veterinary inspections, conducted under official veterinary supervision; and

(iii) were slaughtered at least 30 days before the day the goods are brought or imported into Australian territory;

(b) the goods were not exposed to contamination before being exported;

(c) each package containing the goods states the identification or veterinary control number of the establishment at which the casings were packed;

(d) the goods are accompanied by a health certificate stating the matters referred to in paragraphs (a), (b), and (c)

17 Subsection 16(2) (table item 1, column 2, paragraph (c))

Omit “each packet contains less than 10% by dry weight (other than added water) of dairy products”, substitute “the total dry weight of the components of the goods (other than added water) contains less than 10% of dairy products”.

18 Section 18 (table item 1)

Repeal the item.

19 Section 20 (after table item 6)

Insert:

Marine molluscs, other than oysters or snails

The goods are treated in Australian territory with gamma irradiation to a level that achieves a minimum of 50 kGray

Food for consumption by pet fish in enclosed aquariums or ponds

All of the following:

(a) the goods do not contain materials originating from terrestrial or avian animals, fish of the family Salmonidae, microalgae or macroalgae;

(b) the goods do not contain whole seeds or viable plant materials;

(c) the goods have been processed to the extent needed to manage biosecurity risks associated with the goods to an acceptable level;

(d) the goods are packed in individual containers of not more than 5 kilograms;

(e) the goods have been commercially prepared and packaged;

(f) the goods are ready for retail sale without any further processing;

(g) the goods are accompanied by a declaration by the manufacturer of the goods, stating the matters referred to in paragraphs (a), (b) and (c)

20 Section 21 (cell at table item 1, column 2)

Repeal the cell, substitute:

The goods:

(a) have been commercially manufactured, prepared and packaged; and

(b) are ready for retail sale; and

(c) either:

(i) are for personal use; or

(ii) contain, in total, less than 20% by mass of material of animal origin

21 Section 23 (table item 2)

Repeal the item, substitute:

Herbarium specimens, including of the following:

(a) vascular plants;

(b) non‑vascular plants and fungi (including algae, lichens, mosses, liverworts and hornworts)

The goods:

(a) are in clean and new packaging; and

(b) are clearly labelled, and identifiable, as herbarium specimens; and

(c) are intended to be formally incorporated into a reference collection, or housed temporarily (on loan) for research, at one or more herbariums listed in the Index Herbariorum; and

(d) are to be treated immediately when received by the first herbarium to which they are delivered, and before the inner wrappings are opened, at minus 18°C for 7 consecutive days; and

either:

(e) the goods are accompanied by a declaration that is clearly marked as being from the sending institution, stating the following:

(i) a list of the specimens in the consignment (including the classification of the specimens to at least family level), linked to either the herbarium accession numbers or collectors’ details or identifiers (for example, the accompanying loan listing);

(ii) that the specimens have been processed to their final state by a method other than freezing;

(iii) that the specimens were free from live insects and excess soil at the time of packaging, and are not known to be infected with pathogenic micro‑organisms; or

(f) the goods are delivered directly to a herbarium covered by an approved arrangement that provides for the containment of herbarium specimens

22 Section 23 (table item 3)

Repeal the item, substitute:

Unprocessed straw articles or products

The goods:

(a) are for personal use and are brought in as baggage or mail; or

(b) are accompanied by evidence:

(i) stating the botanical name (including genus and species) of the goods; and

(ii) showing that the goods are of plant origin only

23 Section 23 (table item 4, column 2, subparagraph (a)(iii))

Omit “and” (second occurring).

24 Section 23 (table item 4, column 2, subparagraph (a)(iv))

Repeal the subparagraph.

25 Section 23 (table item 4, column 2, paragraph (b))

Omit “(iv)”, substitute “(iii)”.

26 Section 23 (table item 9, column 2, paragraph (c))

Repeal the paragraph.

27 Section 23 (table item 9, column 2, subparagraph (e)(i))

Repeal the subparagraph, substitute:

(i) are for personal use, are brought in as baggage or mail, and are labelled with an ingredients list specifying the botanical names (genus and species) or common names of the goods; or

28 Section 23 (table item 10, column 1)

Omit “tea”, substitute “mixtures for human consumption”.

29 Section 23 (table item 10, column 2, subparagraph (d)(i))

Repeal the subparagraph, substitute:

(i) are for personal use, are brought in as baggage or mail, and are labelled with an ingredients list specifying the botanical names (genus and species) or common names of the goods; or

30 Section 23 (cell at table item 12, column 2)

Repeal the cell, substitute:

The goods:

(a) are for personal use and are brought in as baggage or mail; or

(b) are accompanied by evidence stating the botanical name (including genus and species) of the stem components of the goods

31 Section 23 (cell at table item 15, column 2)

Repeal the cell, substitute:

The goods:

(a) are for personal use and are brought in as baggage or mail; or

(b) are accompanied by evidence:

(i) stating the botanical name (including genus and species) of the goods; and

(ii) showing that the goods are of plant origin only

32 Section 23 (at the end of the table)

Add:

16	Grape vine articles	The goods: (a) are for personal use and are brought in as baggage or mail; or (b) are accompanied by evidence: (i) stating the botanical name (including genus and species) of the goods; and (ii) showing that the goods are of plant origin only
17	The following plants: (a) Hyparrhenia spp. (excluding H. gazensis); (b) Imperata cylindrica; (c) Miscanthus sinensis; (d) Pennisetum purpureum; (e) Thamnocalamus spp.; (f) Thamnochortus spp.	The goods: (a) are intended for use as thatching grass; and (b) are accompanied by evidence stating the botanical name (including genus and species) of the goods
18	Banana fibre articles	The goods: (a) are for personal use and are brought in as baggage or mail; or (b) are accompanied by evidence: (i) stating the botanical name (including genus and species) of the goods; and (ii) showing that the goods are of plant origin only
19	Articles stuffed with herbs or seeds	The goods are accompanied by evidence: (a) stating the botanical name (including genus and species) of the goods; and (b) showing that the goods are of plant origin only

33 Section 28 (heading)

Repeal the heading, substitute:

28 Alternative conditions—fertilisers, soil conditioners and growing media of plant origin

34 Section 28

Omit “potting mixes”, substitute “growing media”.

35 Section 28 (table heading)

Repeal the heading, substitute:

Alternative conditions—fertilisers, soil conditioners and growing media of plant origin

36 Section 28 (table item 1, column 1)

Omit “from an FMD‑free country”, substitute “that was grown, processed and packaged in, and brought or imported from, an FMD‑free country”.

37 Section 28 (cell at table item 2, column 1)

Repeal the cell, substitute:

Peat (being black peat, peat moss, sphagnum peat moss or white peat) that:

(a) was not grown, processed or packaged in an FMD‑free country; and

(b) is in a quantity of less than 10 kilograms

38 Section 28 (cell at table item 3, column 1)

Repeal the cell, substitute:

Peat (being black peat, peat moss, sphagnum peat moss or white peat) that:

(a) was not grown, processed or packaged in an FMD‑free country; and

(b) is in a quantity of 10 kilograms or more

39 Section 28 (table item 4, column 2, paragraph (a))

Repeal the paragraph, substitute:

(a) the phytosanitary certificate includes a declaration stating that there is no visible contamination from animal material on the goods; or

40 Section 29 (table item 1, column 1, paragraph (d))

Repeal the paragraph, substitute:

(d) herbs;

(e) fungi

41 Section 29 (after table item 5)

Insert:

Species of mushrooms or fungi that are for use for medicinal purposes

The goods:

(a) are listed medicinal mushrooms; and

(b) have been securely packed in clean and new packaging; and

(d) are accompanied by a declaration on commercial documentation stating the botanical name of the goods (including genus and species), and a description of the packaging used for the goods; and

(e) are treated, 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

42 Section 31 (table items 6 and 7)

Repeal the items, substitute:

Bark for human consumption or human therapeutic use

The goods:

(a) are dried; and

(b) either:

(i) are accompanied by documentation that includes a detailed product description, a full list of ingredients including botanical names (genus and species) or common names of the goods, and a description of the packaging of the goods; or

(ii) are for personal use, are brought in as baggage or mail, and are labelled with the botanical names (genus and species) or common names of the goods

43 Section 31 (at the end of the table)

Add:

Oak barrels (with or without chestnut bark hoops)

The goods:

(a) are for personal use and are brought in as baggage or mail; or

(b) are accompanied by evidence stating the botanical name (including genus and species) of the materials from which the goods are made

44 Subsection 32(2)

Repeal the subsection, substitute:

(2) For paragraph 11(1)(b), alternative conditions for bringing or importing the goods into Australian territory are that the goods are intended for any of the following purposes:

(a) use in human food or beverages;

(b) cosmetic use;

(c) in‑vitro laboratory work;

(d) in‑vivo work in laboratory organisms;

(e) human therapeutic use.

45 Subsection 32(3) (after table item 1)

Insert:

1A	Aspergillus brasiliensis

46 Subparagraph 33(2)(a)(iii)

Repeal the subparagraph.

47 Subsection 33(3) (at the end of the cell at table item 3, column headed “Highly refined organic chemicals and substances”)

Add “(other than those derived from neural material)”.

48 Subsection 33(3) (table item 12, column headed “Highly refined organic chemicals and substances”)

After “animals”, insert “or microbial fermentation”.

49 Paragraph 34(2)(b)

Omit “, Ganoderma spp. or slippery elm bark”.

50 Subsection 35(1) (note)

Omit “chemical, mined and synthetic”, substitute “chemical and mined”.

51 Paragraph 36(2)(a)

Repeal the paragraph, substitute:

(a) the goods:

(i) are intended for human consumption, in‑vitro purposes or human therapeutic use; or

(ii) are contained in cosmetics for human use; and

52 Paragraphs 36(3)(d) and (e)

Repeal the paragraphs, substitute:

(d) if the goods contain ingredients of animal, plant or microbial origin—those ingredients are biological material specified in the table in subsection 36(4); and

(e) the goods are accompanied by:

(i) documentation stating the ingredients contained in the goods; or

(ii) if applicable, a declaration or other documentation from the manufacturer of the goods stating the matter referred to in paragraph (d).

53 Subsection 36(4) (after table item 2)

Insert:

2A	Colloidal oatmeal

54 Subsection 36(4) (table item 7)

Repeal the item.

55 Subsection 36(4) (after table item 8)

Insert:

8A	Green lipped mussel powder from New Zealand (except if intended for veterinary therapeutic use in aquatic animals)

56 Subsection 36(4) (at the end of the cell at table item 12, column headed “Biological material”)

Add “(except in products intended for administration to food‑producing animals in their feed or water ration)”.

57 Subsection 36(4) (at the end of the cell at table item 13, column headed “Biological material”)

Add “(except if manufactured using materials of terrestrial animal or avian origin)”.

58 Subsection 36(4) (after table item 13)

Insert:

13A	Neatsfoot oil, if present in products for topical application to humans or animals that are companion or performance animals (such as dogs, cats or horses)

59 Subsection 36(4) (after table item 24)

Insert:

24A	Purified hyaluronic acid manufactured without using materials of terrestrial animal or avian origin (except if intended for veterinary therapeutic use in aquatic animals)

60 Subsection 36(4) (after table item 25)

Insert:

25A	Purified spinosyn compounds, if present in products for use in humans or animals that are companion or performance animals (such as dogs, cats or horses)

61 Subsection 36(4) (at the end of the cell at table item 28, column headed “Biological material”)

Add “(other than lactose)”.

62 Subsection 36(4) (after table item 28)

Insert:

28A	Tallow derivatives that are methyl oleate, oleic acid, glycerol or stearates, produced by hydrolysis, saponification or transesterification using high temperature (above 200°C) and pressure

63 Subsection 36(4) (at the end of the cell at table item 29, column headed “Biological material”)

Add “(except if manufactured using materials of terrestrial animal or avian origin)”.

64 After section 36

Insert:

36A Alternative conditions—gelatine and its derivatives intended for certain purposes

For paragraph 11(1)(b), the following table specifies alternative conditions for bringing or importing gelatine and its derivatives into Australian territory.

Alternative conditions—gelatine and its derivatives intended for certain purposes
Item	Column 1 Goods	Column 2 Alternative conditions
1	Gelatine intended for: (a) human consumption; or (b) human therapeutic use; or (c) in‑vitro purposes; or (d) in‑vivo work in laboratory organisms	The goods have been commercially prepared
2	Gelatine intended for culture media	Both of the following: (a) the goods have been commercially prepared and packaged; (b) if the goods were derived from bovines—the goods were derived from hides and skins only
3	Gelatine intended for veterinary therapeutic use or use in cosmetics for animals	The goods: (a) were not derived from ruminant animals; and (b) do not contain any biological material except gelatine or biological material specified in the table in subsection 36(4); and (c) have been commercially prepared and packaged; and (d) are ready for retail sale without any further processing; and (e) are accompanied by a declaration or other documentation from the manufacturer of the goods, stating the matters referred to in paragraphs (a) to (d)

65 Paragraph 38(2)(b)

Repeal the paragraph, substitute:

(b) the goods have been treated using a method that the Director of Biosecurity is satisfied is appropriate to manage biosecurity risks associated with the goods to an acceptable level; or

(c) the following conditions are complied with:

(i) after arriving at a landing place or port in Australian territory, the goods must be delivered directly to premises for biosecurity activities to be carried out in relation to the goods in accordance with an approved arrangement;

(ii) the goods must be used only for in‑vitro purposes;

(iii) the goods must not be used for isolation of infectious agents.

66 Paragraphs 39(1)(a) and (b)

Repeal the paragraphs, substitute:

(a) water;

(b) goods containing water.

67 Paragraph 39(2)(a)

Omit “bottled”, substitute “packaged”.

68 At the end of subsection 39(2)

Add:

; (e) water included as an ingredient in a food product.

69 Subsection 39(3)

Repeal the subsection (not including the heading), substitute:

(3) Goods included in a class of goods to which this section applies must not be brought or imported into Australian territory unless at least one of the following is complied with:

(a) the goods are covered by an import permit;

(b) the goods have been treated using a method that the Director of Biosecurity is satisfied is appropriate to manage biosecurity risks associated with the goods to an acceptable level;

(c) if the goods are sea or ocean water:

(i) the quantity of the goods is less than 5 litres; and

(ii) the goods are free from suspended and solid material; and

(iii) the goods must be used only for in‑vitro purposes.

70 Section 40

Repeal the section, substitute:

40 Chemical or mined fertilisers, soil conditioners and soil growth supplements

Classes of goods to which this section applies

(1) This section applies to the following classes of goods:

(a) chemical or mined fertilisers;

(b) chemical or mined soil conditioners;

(c) chemical or mined supplements used to promote growth in soil.

Note: Division 1 applies to fertilisers, soil conditioners and soil growth supplements that are made of animal material, plant material or biological material (see section 35).

Conditions—liquid chemical fertilisers

(2) Liquid chemical fertilisers (the goods) must not be brought or imported into Australian territory unless the goods are accompanied by a declaration by the manufacturer of the goods stating that the goods do not contain any ingredients of animal, plant or microbial origin.

Conditions—chemical and mined fertilisers, soil conditioners and soil growth supplements (other than liquid chemical fertilisers)

(3) Goods included in a class of goods to which this section applies (other than liquid chemical fertilisers) must not be brought or imported into Australian territory unless:

(a) the goods are covered by an import permit; or

(b) the alternative conditions specified in the following table are complied with.

Alternative conditions—chemical and mined fertilisers, soil conditioners and soil growth supplements (other than liquid chemical fertilisers)
Item	Column 1 Goods	Column 2 Alternative conditions
1	Chemical fertilisers (other than liquid chemical fertilisers), chemical soil conditioners and chemical soil growth supplements, if the net weight of each packed unit of the goods is not more than 100 kilograms	All of the following: (a) the goods are in clean and new packaging; (b) the goods do not contain any ingredients of animal, plant or microbial origin; (c) the goods were packed at the place where they were produced; (d) the goods have not been stockpiled in an open environment; (e) the goods are accompanied by a commercial invoice, packing list or a declaration by the manufacturer of the goods, stating the matters referred to in paragraphs (a) to (d)
2	Chemical fertilisers (other than liquid chemical fertilisers), chemical soil conditioners and chemical soil growth supplements, if the net weight of each packed unit of the goods is more than 100 kilograms	All of the following: (a) the goods are not intended for processing (other than packaging) in Australian territory; (b) the goods do not contain any ingredients of animal, plant or microbial origin; (c) the goods are accompanied by a commercial invoice, packing list or a declaration by the manufacturer of the goods, stating the matters referred to in paragraphs (a) and (b)
3	Mined fertilisers, mined soil conditioners and mined soil growth supplements	The goods: (a) are not intended for processing (other than packaging) in Australian territory; and (b) do not contain any ingredients of animal, plant or microbial origin; and (c) are accompanied by a commercial invoice, packing list or a declaration by the manufacturer of the goods, stating the matters referred to in paragraphs (a) and (b)

71 After section 41

Insert:

41A Equipment that has directly or indirectly come into contact with horses

Classes of goods to which this section applies

(1) The class of goods to which this section applies is equipment that has directly or indirectly come into contact with horses, including the following:

(a) grooming items, tools and other items and accessories used in caring for horses (for example, feed bags);

(b) awards (for example, ribbons and garlands);

(c) riding accessories (for example, collars, reins, bridles, blinkers and saddles);

(d) horse shoes;

(e) equestrian and horse riding clothing and accessories, including polo equipment, saddle rugs and pads, riding and stock whips, boots, spurs, jodhpurs, gloves and helmets;

(f) any other clothing, footwear, accessories, tools or items, worn or used, that have been in contact with horses or exposed to areas where horses are or have been present.

Conditions

(2) Goods included in the class of goods to which this section applies must not be brought or imported into Australian territory unless:

(a) the goods are covered by an import permit; or

(b) the goods:

(i) have undergone treatment through the application of either gamma irradiation to a minimum of 50 kGray at a facility that the Director of Biosecurity is satisfied can treat equipment that has directly or indirectly come into contact with horses so that biosecurity risks associated with the goods are managed to an acceptable level, or a disinfectant appropriate to manage biosecurity risks associated with the goods to an acceptable level; and

(ii) have not been in contact with equine animals after being treated as referred to in subparagraph (i); and

(iii) are accompanied by a government‑endorsed treatment certificate, stating the matters referred to in subparagraphs (i) and (ii); or

(c) the goods are treated, 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.

72 Section 43 (heading)

Repeal the heading, substitute:

43 Used machinery and equipment (other than certain beekeeping equipment, veterinary equipment or equipment that has come into contact with horses)

73 At the end of subsection 43(2)

Add:

; (c) used equipment that has directly or indirectly come into contact with horses.

Part 2—Alternative conditions for Christmas Island

Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Christmas Island) Determination 2016

74 Paragraphs 6(2)(e), (g) and (h)

Repeal the paragraphs.

75 Subsection 6(3) (table item 7, column headed “Excluded plant goods”, paragraph (b))

Omit “the United States of America (other than California, Florida or Hawaii) or another country”, substitute “a country”.

76 Subsection 6(3) (after table item 8)

Insert:

8A	Dried apricot kernels (Prunus armeniaca)

77 Subsection 7(3) (example)

Repeal the example, substitute:

Example: A person wishes to bring or import into Christmas Island goods (the relevant goods) containing avian meat from New Zealand and honey. Avian meat from New Zealand must not be brought or imported into Christmas Island unless it is covered by an import permit. Therefore, the relevant goods must not be brought or imported into Christmas Island unless they are covered by an import permit. The alternative conditions specified for any quantity of honey in section 13 do not apply in relation to the relevant goods.

78 Section 8 (after the heading)

Insert:

(1) This section does not apply to dead animals, animal parts or related goods that are intended for:

(a) animal consumption; or

(b) use as a bioremedial agent or fertiliser; or

(c) growing purposes; or

(d) veterinary therapeutic use.

79 Section 8

Before “For paragraph 7(1)(b)”, insert “(2)”.

80 Section 8 (after table item 1)

Insert:

Goods made with rawhide

Any of the following:

(a) not more than 10 of the same kind of goods are brought or imported into Christmas Island together;

(b) the goods have been treated by immersion in a lime solution at a pH of at least 12.5 and are accompanied by a declaration from the manufacturer of the goods stating that fact;

(ii) are accompanied by written evidence stating the matter in subparagraph (i)

81 Section 8 (cell at table item 3, column 1)

Omit “that are not intended for animal consumption, veterinary therapeutic use or use as fertiliser”.

82 Section 8 (after table item 3)

Insert:

Catgut strings derived from animal intestines for use in musical instruments or sporting equipment

The goods do not require refrigeration or any further processing

Catgut derived from animal intestines

All of the following:

(a) the goods were derived from bovine, caprine, ovine or porcine animals only;

(b) the animals from which the goods were derived were free from diseases of biosecurity concern at the time they were slaughtered;

(d) the goods are accompanied by a health certificate stating the matters referred to in paragraphs (a), (b) and (c)

83 Section 8 (cell at table item 8, column 1)

Repeal the cell, substitute:

The following goods:

(a) sea shells, other than oyster shells that are not part of manufactured goods;

(b) natural or cultured pearls for jewellery, personal use or display purposes

84 Section 8 (at the end of the table)

Add:

10	Casein glue or gelatine glue	The goods have been commercially prepared for industrial, commercial or hobby purposes
11	Untanned and partially processed game trophies, hides or skins that: (a) are not derived from avian animals; and (b) are from New Zealand	The goods: (a) were derived from animals (other than avian animals) that resided and were slaughtered in New Zealand; and (b) are accompanied by a health certificate stating the matter referred to in paragraph (a)
12	Untanned and partially processed game trophies, hides or skins that: (a) are derived from avian animals; and (b) are from New Zealand	The goods: (a) were derived from avian animals that resided and were slaughtered in New Zealand; and (b) have undergone one of the following processes: (i) treatment with salt or borax; (ii) immersion in an acid pickling solution at a pH of not more than 4; (iii) immersion in an alcohol solution; and (c) are accompanied by a health certificate stating the matters referred to in paragraphs (a) and (b)
13	Animal trophies, artefacts or handicraft items	All of the following: (a) the goods are more than 5 years old; (b) the goods are preserved so that they do not require refrigeration; (c) the goods are intended only for in‑vitro use or display by a museum or scientific institute, or in a public exhibition; (d) the goods, and any derivatives of the goods, must not come into contact with any animal; (e) the goods must not be used for isolation of microorganisms or infectious agents; (f) the goods are accompanied by a declaration from the manufacturer or supplier of the goods, stating the matters referred to in paragraphs (a) and (b); (g) the goods are accompanied by a declaration from the person bringing in or importing the goods stating all of the following: (i) the goods are intended only for in‑vitro use or display by a museum or scientific institute, or in a public exhibition; (ii) the goods, and any derivatives of the goods, will not come into contact with any animal; (iii) the goods will not be used for isolation of microorganisms or infectious agents
14	Bones, horns, antlers, tusks or teeth	The goods are clean and free from other animal or plant material and soil

85 Section 12 (table item 1)

Repeal the item.

86 Section 14 (after table item 3)

Insert:

Marine molluscs, other than oysters or snails

The goods are treated in Australian territory with gamma irradiation to a level that achieves a minimum of 50 kGray

87 Section 14 (at the end of the table)

Add:

Food or supplements for animals, other than food or supplements for animals covered by another item in this table

All of the following:

(a) the goods are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island);

(b) if the goods contain material of animal or microbial origin—that material:

(i) was derived from animals or microbes in Australian territory (other than Cocos (Keeling) Islands or Norfolk Island); or

(ii) was brought or imported into Australian territory (other than Cocos (Keeling) Islands or Norfolk Island) and was not brought in or imported in contravention of the Act;

(i) the goods have been made into pellets; or

(ii) the material is not viable and does not include whole seeds;

(d) the goods have been commercially prepared and packaged;

(e) the goods are ready for retail sale;

(f) the goods are presented to a biosecurity officer for inspection on arrival at a landing place or port in Christmas Island

88 Section 15 (cell at table item 1, column 2)

Repeal the cell, substitute:

The goods:

(a) have been commercially manufactured, prepared and packaged; and

(b) are ready for retail sale; and

(c) either:

(i) are for personal use; or

(ii) contain, in total, less than 20% by mass of material of animal origin

89 Section 17 (table item 2)

Repeal the item, substitute:

Herbarium specimens, including of the following:

(a) vascular plants;

(b) non‑vascular plants and fungi (including algae, lichens, mosses, liverworts and hornworts)

The goods:

(a) are in clean and new packaging; and

(b) are clearly labelled, and identifiable, as herbarium specimens; and

(c) are intended to be formally incorporated into a reference collection, or housed temporarily (on loan) for research, at one or more herbariums listed in the Index Herbariorum; and

(d) are to be treated immediately when received by the first herbarium to which they are delivered, and before the inner wrappings are opened, at minus 18°C for 7 consecutive days; and

either:

(e) the goods are accompanied by a declaration that is clearly marked as being from the sending institution, stating the following:

(ii) that the specimens have been processed to their final state by a method other than freezing;

(iii) that the specimens were free from live insects and excess soil at the time of packaging, and are not known to be infected with pathogenic micro‑organisms; or

(f) the goods are delivered directly to a herbarium covered by an approved arrangement that provides for the containment of herbarium specimens

90 Section 17 (table item 3)

Repeal the item, substitute:

Unprocessed straw articles or products

The goods:

(a) are for personal use and are brought in as baggage or mail; or

(b) are accompanied by evidence:

(i) stating the botanical name (including genus and species) of the goods; and

(ii) showing that the goods are of plant origin only

91 Section 17 (table item 4, column 2, subparagraph (a)(iii))

Omit “and” (second occurring).

92 Section 17 (table item 4, column 2, subparagraph (a)(iv))

Repeal the subparagraph.

93 Section 17 (table item 4, column 2, paragraph (b))

Omit “(iv)”, substitute “(iii)”.

94 Section 17 (table item 9, column 2, paragraph (c))

Repeal the paragraph.

95 Section 17 (table item 9, column 2, subparagraph (e)(i))

Repeal the subparagraph, substitute:

(i) are for personal use, are brought in as baggage or mail, and are labelled with an ingredients list specifying the botanical names (genus and species) or common names of the goods; or

96 Section 17 (table item 10, column 1)

Omit “tea”, substitute “mixtures for human consumption”.

97 Section 17 (table item 10, column 2, subparagraph (d)(i))

Repeal the subparagraph, substitute:

(i) are for personal use, are brought in as baggage or mail, and are labelled with an ingredients list specifying the botanical names (genus and species) or common names of the goods; or

98 Section 17 (cell at table item 12, column 2)

Repeal the cell, substitute:

The goods:

(a) are for personal use and are brought in as baggage or mail; or

(b) are accompanied by evidence stating the botanical name (including genus and species) of the stem components of the goods

99 Section 17 (cell at table item 15, column 2)

Repeal the cell, substitute:

The goods:

(a) are for personal use and are brought in as baggage or mail; or

(b) are accompanied by evidence:

(i) stating the botanical name (including genus and species) of the goods; and

(ii) showing that the goods are of plant origin only

100 Section 17 (at the end of the table)

Add:

16	Grape vine articles	The goods: (a) are for personal use and are brought in as baggage or mail; or (b) are accompanied by evidence: (i) stating the botanical name (including genus and species) of the goods; and (ii) showing that the goods are of plant origin only
17	The following plants: (a) Hyparrhenia spp. (excluding H. gazensis); (b) Imperata cylindrica; (c) Miscanthus sinensis; (d) Pennisetum purpureum; (e) Thamnocalamus spp.; (f) Thamnochortus spp.	The goods: (a) are intended for use as thatching grass; and (b) are accompanied by evidence stating the botanical name (including genus and species) of the goods
18	Banana fibre articles	The goods: (a) are for personal use and are brought in as baggage or mail; or (b) are accompanied by evidence: (i) stating the botanical name (including genus and species) of the goods; and (ii) showing that the goods are of plant origin only
19	Articles stuffed with herbs or seeds	The goods are accompanied by evidence: (a) stating the botanical name (including genus and species) of the goods; and (b) showing that the goods are of plant origin only

101 Section 22 (heading)

Repeal the heading, substitute:

22 Alternative conditions—fertilisers, soil conditioners and growing media of plant origin

102 Section 22

Omit “potting mixes”, substitute “growing media”.

103 Section 22 (table heading)

Repeal the heading, substitute:

Alternative conditions—fertilisers, soil conditioners and growing media of plant origin

104 Section 22 (table item 1, column 1)

Omit “from an FMD‑free country”, substitute “that was grown, processed and packaged in, and brought or imported from, an FMD‑free country”.

105 Section 22 (cell at table item 2, column 1)

Repeal the cell, substitute:

Peat (being black peat, peat moss, sphagnum peat moss or white peat) that:

(a) was not grown, processed or packaged in an FMD‑free country; and

(b) is in a quantity of less than 10 kilograms

106 Section 22 (cell at table item 3, column 1)

Repeal the cell, substitute:

Peat (being black peat, peat moss, sphagnum peat moss or white peat) that:

(a) was not grown, processed or packaged in an FMD‑free country; and

(b) is in a quantity of 10 kilograms or more

107 Section 23 (table item 1, column 1, paragraph (d))

Repeal the paragraph, substitute:

(d) herbs;

(e) fungi

108 Section 23 (after table item 4)

Insert:

Species of mushrooms or fungi that are for use for medicinal purposes

The goods:

(a) are listed medicinal mushrooms; and

(b) have been securely packed in clean and new packaging; and

(d) are accompanied by a declaration on commercial documentation stating the botanical name of the goods (including genus and species), and a description of the packaging used for the goods; and

(e) have been treated 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

109 Section 23 (at the end of the cell at table item 5, column 1)

Add:

; or (c) listed medicinal mushrooms

110 Section 25 (table items 5 and 6)

Repeal the items, substitute:

Bark for human consumption or human therapeutic use

The goods:

(a) are dried; and

(b) either:

(ii) are for personal use, are brought in as baggage or mail, and are labelled with the botanical names (genus and species) or common names of the goods

111 Section 25 (at the end of the table)

Add:

Oak barrels (with or without chestnut bark hoops)

The goods:

(a) are for personal use and are brought in as baggage or mail; or

(b) are accompanied by evidence stating the botanical name (including genus and species) of the materials from which the goods are made

112 Subsection 26(2)

Repeal the subsection, substitute:

(2) For paragraph 7(1)(b), alternative conditions for bringing or importing the goods into Christmas Island are that the goods are intended for any of the following purposes:

(a) use in human food or beverages;

(b) cosmetic use;

(c) in‑vitro laboratory work;

(d) in‑vivo work in laboratory organisms;

(e) human therapeutic use.

113 Subsection 26(3) (after table item 1)

Insert:

1A	Aspergillus brasiliensis

114 Subparagraph 27(2)(a)(iii)

Repeal the subparagraph.

115 Subsection 27(3) (at the end of the cell at table item 3, column headed “Highly refined organic chemicals and substances”)

Add “(other than those derived from neural material)”.

116 Subsection 27(3) (table item 12, column headed “Highly refined organic chemicals and substances”)

After “animals”, insert “or microbial fermentation”.

117 Paragraph 28(2)(b)

Omit “, Ganoderma spp. or slippery elm bark”.

118 Section 29

Repeal the section, substitute:

29 Alternative conditions—fertilisers, soil conditioners, soil growth supplements and growing media made of animal material, plant material or biological material

For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing fertilisers, soil conditioners, soil growth supplements and growing media made of animal material, plant material or biological material into Christmas Island.

Alternative conditions—fertilisers, soil conditioners, soil growth supplements and growing media made of animal material, plant material or biological material
Item	Column 1 Goods	Column 2 Alternative conditions
1	Fertilisers, soil conditioners and supplements that are intended for use to promote growth in soil	Both of the following: (a) the only biological materials used to make the goods are one or more of the following: (i) alcohols; (ii) citric acid; (iii) cultures of Saccharomyces cerevisiae (for example, Baker’s yeast or Brewer’s yeast); (iv) lactic acid; (v) purified amino acids (other than those derived from neural material); (vi) purified vitamins; (vii) xanthan gum; (b) the goods are presented to a biosecurity officer for inspection on arrival at a landing place or port in Christmas Island
2	Fertilisers, soil conditioners and supplements that: (a) are intended for use to promote growth in soil; and (b) do not contain materials derived from terrestrial animals, avian animals or microbes	All of the following: (a) the goods are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island); (b) the goods have been commercially prepared and packaged; (c) the goods are ready for retail sale; (d) the goods are free from soil; (e) if the goods contain plant material—that material has been processed so that it is not viable (for example, the plant material is plant or seaweed extract); (f) the goods are accompanied by documentation stating the ingredients contained in the goods; (g) the goods are presented to a biosecurity officer for inspection on arrival at a landing place or port in Christmas Island
3	Growing media made of plant material	The goods: (a) are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island); and (b) have been commercially prepared and packaged; and (c) are ready for retail sale; and (d) are free from soil; and (e) are accompanied by documentation stating the ingredients contained in the goods; and (f) are presented to a biosecurity officer for inspection on arrival at a landing place or port in Christmas Island

Note: Division 2 applies to chemical and mined fertilisers, soil conditioners and soil growth supplements (see section 34).

119 Paragraph 30(2)(a)

Repeal the paragraph, substitute:

(a) the goods:

(i) are intended for human consumption, in‑vitro purposes or human therapeutic use; or

(ii) are contained in cosmetics for human use; and

120 Subparagraphs 30(3)(b)(iv) and (v)

Repeal the subparagraphs, substitute:

(iv) if the goods contain ingredients of animal, plant or microbial origin—those ingredients are biological material specified in the table in subsection 30(4);

(v) the goods are accompanied by documentation stating the ingredients contained in the goods or, if applicable, a declaration or other documentation from the manufacturer of the goods stating the matter referred to in subparagraph (iv).

121 Subsection 30(4) (after table item 2)

Insert:

2A	Colloidal oatmeal

122 Subsection 30(4) (table item 7)

Repeal the item.

123 Subsection 30(4) (after table item 8)

Insert:

8A	Green lipped mussel powder from New Zealand (except if intended for veterinary therapeutic use in aquatic animals)

124 Subsection 30(4) (at the end of the cell at table item 12, column headed “Biological material”)

Add “(except in products intended for administration to food‑producing animals in their feed or water ration)”.

125 Subsection 30(4) (at the end of the cell at table item 13, column headed “Biological material”)

Add “(except if manufactured using materials of terrestrial animal or avian origin)”.

126 Subsection 30(4) (after table item 24)

Insert:

24A	Purified hyaluronic acid manufactured without using materials of terrestrial animal or avian origin (except if intended for veterinary therapeutic use in aquatic animals)

127 Subsection 30(4) (after table item 25)

Insert:

25A	Purified spinosyn compounds, if present in products for use in humans or animals that are companion or performance animals (such as dogs, cats or horses)

128 Subsection 30(4) (at the end of the cell at table item 28, column headed “Biological material”)

Add “(other than lactose)”.

129 Subsection 30(4) (after table item 28)

Insert:

28A	Tallow derivatives that are methyl oleate, oleic acid, glycerol or stearates, produced by hydrolysis, saponification or transesterification using high temperature (above 200°C) and pressure

130 Subsection 30(4) (at the end of the cell at table item 29, column headed “Biological material”)

Add “(except if manufactured using materials of terrestrial animal or avian origin)”.

131 After section 30

Insert:

30A Alternative conditions—gelatine and its derivatives intended for certain purposes

For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing gelatine and its derivatives into Christmas Island.

Alternative conditions—gelatine and its derivatives intended for certain purposes
Item	Column 1 Goods	Column 2 Alternative conditions
1	Gelatine intended for: (a) human consumption; or (b) human therapeutic use; or (c) in‑vitro purposes; or (d) in‑vivo work in laboratory organisms	The goods have been commercially prepared
2	Gelatine intended for culture media	Both of the following: (a) the goods have been commercially prepared and packaged; (b) if the goods were derived from bovines—the goods were derived from hides and skins only
3	Gelatine intended for veterinary therapeutic use or use in cosmetics for animals	The goods: (a) were not derived from ruminant animals; and (b) do not contain any biological material except gelatine or biological material specified in the table in subsection 30(4); and (c) have been commercially prepared and packaged; and (d) are ready for retail sale without any further processing; and (e) are accompanied by a declaration or other documentation from the manufacturer of the goods, stating the matters referred to in paragraphs (a) to (d)

132 Section 31 (at the end of the cell at table item 1, column 1)

Add “, other than bioremedial products covered by item 2”.

133 Section 31 (at the end of the table)

Add:

Bioremedial products brought or imported from Australian territory (other than Cocos (Keeling) Islands or Norfolk Island)

All of the following:

(a) the goods are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island);

(b) the goods have been commercially prepared and packaged;

(d) the goods are free from soil;

(e) if the goods contain plant material—that material has been processed so that it is not viable (for example, the plant material is plant or seaweed extract);

(f) the goods are accompanied by documentation stating the ingredients contained in the goods;

(g) the goods are presented to a biosecurity officer for inspection on arrival at a landing place or port in Christmas Island

134 Paragraph 32(2)(b)

Repeal the paragraph, substitute:

(b) the goods have been treated using a method that the Director of Biosecurity is satisfied is appropriate to manage biosecurity risks associated with the goods to an acceptable level; or

(c) the following conditions are complied with:

(i) after arriving at a landing place or port in Australian territory, the goods must be delivered directly to premises for biosecurity activities to be carried out in relation to the goods in accordance with an approved arrangement;

(ii) the goods must be used only for in‑vitro purposes;

(iii) the goods must not be used for isolation of infectious agents.

135 Paragraphs 33(1)(a) and (b)

Repeal the paragraphs, substitute:

(a) water;

(b) goods containing water.

136 Paragraph 33(2)(a)

Omit “bottled”, substitute “packaged”.

137 At the end of subsection 33(2)

Add:

; (e) water included as an ingredient in a food product.

138 Subsection 33(3)

Repeal the subsection (not including the heading), substitute:

(3) Goods included in a class of goods to which this section applies must not be brought or imported into Christmas Island unless at least one of the following is complied with:

(a) the goods are covered by an import permit;

(b) the goods have been treated using a method that the Director of Biosecurity is satisfied is appropriate to manage biosecurity risks associated with the goods to an acceptable level;

(c) if the goods are sea or ocean water:

(i) the quantity of the goods is less than 5 litres; and

(ii) the goods are free from suspended and solid material; and

(iii) the goods must be used only for in‑vitro purposes.

139 Section 34

Repeal the section, substitute:

34 Chemical or mined fertilisers, soil conditioners and soil growth supplements

Classes of goods to which this section applies

(1) This section applies to the following classes of goods:

(a) chemical or mined fertilisers;

(b) chemical or mined soil conditioners;

(c) chemical or mined supplements used to promote growth in soil.

Note: Division 1 applies to fertilisers, soil conditioners and soil growth supplements that are made of animal material, plant material or biological material (see section 29).

Conditions—liquid chemical fertilisers

(2) Liquid chemical fertilisers (the goods) must not be brought or imported into Christmas Island unless:

(a) the goods are accompanied by a declaration by the manufacturer of the goods stating that the goods do not contain any ingredients of animal, plant or microbial origin; or

(b) the goods are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island).

Conditions—chemical and mined fertilisers, soil conditioners and soil growth supplements (other than liquid chemical fertilisers)

(3) Goods included in a class of goods to which this section applies (other than liquid chemical fertilisers) must not be brought or imported into Christmas Island unless:

(a) the goods are covered by an import permit; or

(b) the goods are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island); or

(c) the alternative conditions specified in the following table are complied with.

Alternative conditions—chemical and mined fertilisers, soil conditioners and soil growth supplements (other than liquid chemical fertilisers)
Item	Column 1 Goods	Column 2 Alternative conditions
1	Chemical fertilisers (other than liquid chemical fertilisers), chemical soil conditioners and chemical soil growth supplements, if the net weight of each packed unit of the goods is not more than 100 kilograms	All of the following: (a) the goods are in clean and new packaging; (b) the goods do not contain any ingredients of animal, plant or microbial origin; (c) the goods were packed at the place where they were produced; (d) the goods have not been stockpiled in an open environment; (e) the goods are accompanied by a commercial invoice, packing list or a declaration by the manufacturer of the goods, stating the matters referred to in paragraphs (a) to (d)
2	Chemical fertilisers (other than liquid chemical fertilisers), chemical soil conditioners and chemical soil growth supplements, if the net weight of each packed unit of the goods is more than 100 kilograms	All of the following: (a) the goods are not intended for processing (other than packaging) in Australian territory; (b) the goods do not contain any ingredients of animal, plant or microbial origin; (c) the goods are accompanied by a commercial invoice, packing list or a declaration by the manufacturer of the goods, stating the matters referred to in paragraphs (a) and (b)
3	Mined fertilisers, mined soil conditioners and mined soil growth supplements	The goods: (a) are not intended for processing (other than packaging) in Australian territory; and (b) do not contain any ingredients of animal, plant or microbial origin; and (c) are accompanied by a commercial invoice, packing list or a declaration by the manufacturer of the goods, stating the matters referred to in paragraphs (a) and (b)

140 After section 35

Insert:

35A Equipment that has directly or indirectly come into contact with horses

Classes of goods to which this section applies

(1) The class of goods to which this section applies is equipment that has directly or indirectly come into contact with horses, including the following:

(a) grooming items, tools and other items and accessories used in caring for horses (for example, feed bags);

(b) awards (for example, ribbons and garlands);

(c) riding accessories (for example, collars, reins, bridles, blinkers and saddles);

(d) horse shoes;

(e) equestrian and horse riding clothing and accessories, including polo equipment, saddle rugs and pads, riding and stock whips, boots, spurs, jodhpurs, gloves and helmets;

(f) any other clothing, footwear, accessories, tools or items, worn or used, that have been in contact with horses or exposed to areas where horses are or have been present.

Conditions

(2) Goods included in the class of goods to which this section applies must not be brought or imported into Christmas Island unless:

(a) the goods are covered by an import permit; or

(b) the goods:

(i) have undergone treatment through the application of either gamma irradiation to a minimum of 50 kGray at a facility that the Director of Biosecurity is satisfied can treat equipment that has directly or indirectly come into contact with horses so that biosecurity risks associated with the goods are managed to an acceptable level, or a disinfectant appropriate to manage biosecurity risks associated with the goods to an acceptable level; and

(ii) have not been in contact with equine animals after being treated as referred to in subparagraph (i); and

(iii) are accompanied by a government‑endorsed treatment certificate, stating the matters referred to in subparagraphs (i) and (ii); or

(c) the goods are treated, 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.

141 Section 37 (heading)

Repeal the heading, substitute:

37 Used machinery and equipment (other than certain beekeeping equipment, veterinary equipment or equipment that has come into contact with horses)

142 At the end of subsection 37(2)

Add:

; (c) used equipment that has directly or indirectly come into contact with horses.

Part 3—Alternative conditions for Cocos (Keeling) Islands

Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Cocos (Keeling) Islands) Determination 2016

143 Paragraphs 6(2)(d), (e) and (f)

Repeal the paragraphs.

144 Subsection 6(3) (table item 7, column headed “Excluded plant goods”, paragraph (b))

Omit “the United States of America (other than California, Florida or Hawaii) or another country”, substitute “a country”.

145 Subsection 6(3) (after table item 8)

Insert:

8A	Dried apricot kernels (Prunus armeniaca)

146 Subsection 7(3) (example)

Repeal the example, substitute:

Example: A person wishes to bring or import into Cocos (Keeling) Islands goods (the relevant goods) containing avian meat from New Zealand and honey. Avian meat from New Zealand must not be brought or imported into Cocos (Keeling) Islands unless it is covered by an import permit. Therefore, the relevant goods must not be brought or imported into Cocos (Keeling) Islands unless they are covered by an import permit. The alternative conditions specified for any quantity of honey in section 14 do not apply in relation to the relevant goods.

147 Section 8 (after the heading)

Insert:

(1) This section does not apply to dead animals, animal parts or related goods that are intended for:

(a) animal consumption; or

(b) use as a bioremedial agent or fertiliser; or

(c) growing purposes; or

(d) veterinary therapeutic use.

148 Section 8

Before “For paragraph 7(1)(b)”, insert “(2)”.

149 Section 8 (after table item 1)

Insert:

Goods made with rawhide

Any of the following:

(a) not more than 10 of the same kind of goods are brought or imported into Cocos (Keeling) Islands together;

(b) the goods have been treated by immersion in a lime solution at a pH of at least 12.5 and are accompanied by a declaration from the manufacturer of the goods stating that fact;

(ii) are accompanied by written evidence stating the matter in subparagraph (i)

150 Section 8 (cell at table item 3, column 1)

Omit “that are not intended for animal consumption, veterinary therapeutic use or use as fertiliser”.

151 Section 8 (after table item 3)

Insert:

Catgut strings derived from animal intestines for use in musical instruments or sporting equipment

The goods do not require refrigeration or any further processing

Catgut derived from animal intestines

All of the following:

(a) the goods were derived from bovine, caprine, ovine or porcine animals only;

(b) the animals from which the goods were derived were free from diseases of biosecurity concern at the time they were slaughtered;

(d) the goods are accompanied by a health certificate stating the matters referred to in paragraphs (a), (b) and (c)

152 Section 8 (cell at table item 8, column 1)

Repeal the cell, substitute:

The following goods:

(a) sea shells, other than oyster shells that are not part of manufactured goods;

(b) natural or cultured pearls for jewellery, personal use or display purposes

153 Section 8 (at the end of the table)

Add:

10	Casein glue or gelatine glue	The goods have been commercially prepared for industrial, commercial or hobby purposes
11	Untanned and partially processed game trophies, hides or skins that: (a) are not derived from avian animals; and (b) are from New Zealand	The goods: (a) were derived from animals (other than avian animals) that resided and were slaughtered in New Zealand; and (b) are accompanied by a health certificate stating the matter referred to in paragraph (a)
12	Untanned and partially processed game trophies, hides or skins that: (a) are derived from avian animals; and (b) are from New Zealand	The goods: (a) were derived from avian animals that resided and were slaughtered in New Zealand; and (b) have undergone one of the following processes: (i) treatment with salt or borax; (ii) immersion in an acid pickling solution at a pH of not more than 4; (iii) immersion in an alcohol solution; and (c) are accompanied by a health certificate stating the matters referred to in paragraphs (a) and (b)
13	Animal trophies, artefacts or handicraft items	All of the following: (a) the goods are more than 5 years old; (b) the goods are preserved so that they do not require refrigeration; (c) the goods are intended only for in‑vitro use or display by a museum or scientific institute, or in a public exhibition; (d) the goods, and any derivatives of the goods, must not come into contact with any animal; (e) the goods must not be used for isolation of microorganisms or infectious agents; (f) the goods are accompanied by a declaration from the manufacturer or supplier of the goods, stating the matters referred to in paragraphs (a) and (b); (g) the goods are accompanied by a declaration from the person bringing in or importing the goods stating all of the following: (i) the goods are intended only for in‑vitro use or display by a museum or scientific institute, or in a public exhibition; (ii) the goods, and any derivatives of the goods, will not come into contact with any animal; (iii) the goods will not be used for isolation of microorganisms or infectious agents
14	Bones, horns, antlers, tusks or teeth	The goods are clean and free from other animal or plant material and soil

154 Subsection 11(2) (table item 1, column 2, paragraph (d))

Omit “each packet contains less than 10% by dry weight (other than added water) of dairy products”, substitute “the total dry weight of the components of the goods (other than added water) contains less than 10% of dairy products”.

155 Section 13 (table item 1)

Repeal the item.

156 Section 15 (after table item 4)

Insert:

Marine molluscs, other than oysters or snails

The goods are treated in Australian territory with gamma irradiation to a level that achieves a minimum of 50 kGray

Food for consumption by pet fish in enclosed aquariums or ponds

All of the following:

(a) the goods do not contain materials originating from terrestrial or avian animals, fish of the family Salmonidae, microalgae or macroalgae;

(b) the goods do not contain whole seeds or viable plant materials;

(c) the goods have been processed to the extent needed to manage biosecurity risks associated with the goods to an acceptable level;

(d) the goods are packed in individual containers of not more than 5 kilograms;

(e) the goods have been commercially prepared and packaged;

(f) the goods are ready for retail sale without any further processing;

(g) the goods are accompanied by a declaration by the manufacturer of the goods, stating the matters referred to in paragraphs (a), (b) and (c)

157 Section 15 (at the end of the table)

Add:

Food or supplements for animals, other than food or supplements for animals covered by another item in this table

All of the following:

(a) the goods are brought or imported from a part of Australian territory (other than Christmas Island or Norfolk Island);

(b) if the goods contain material of animal or microbial origin—that material:

(i) was derived from animals or microbes in Australian territory (other than Christmas Island or Norfolk Island); or

(ii) was brought or imported into Australian territory (other than Christmas Island or Norfolk Island) and was not brought in or imported in contravention of the Act;

(i) the goods have been made into pellets; or

(ii) the material is not viable and does not include whole seeds;

(d) the goods have been commercially prepared and packaged;

(e) the goods are ready for retail sale;

(f) the goods are presented to a biosecurity officer for inspection on arrival at a landing place or port in Cocos (Keeling) Islands

158 Section 16 (cell at table item 1, column 2)

Repeal the cell, substitute:

The goods:

(a) have been commercially manufactured, prepared and packaged; and

(b) are ready for retail sale; and

(c) either:

(i) are for personal use; or

(ii) contain, in total, less than 20% by mass of material of animal origin

159 Section 18 (table item 2)

Repeal the item, substitute:

Herbarium specimens, including of the following:

(a) vascular plants;

(b) non‑vascular plants and fungi (including algae, lichens, mosses, liverworts and hornworts)

The goods:

(a) are in clean and new packaging; and

(b) are clearly labelled, and identifiable, as herbarium specimens; and

(c) are intended to be formally incorporated into a reference collection, or housed temporarily (on loan) for research, at one or more herbariums listed in the Index Herbariorum; and

(d) are to be treated immediately when received by the first herbarium to which they are delivered, and before the inner wrappings are opened, at minus 18°C for 7 consecutive days; and

either:

(e) the goods are accompanied by a declaration that is clearly marked as being from the sending institution, stating the following:

(ii) that the specimens have been processed to their final state by a method other than freezing;

(iii) that the specimens were free from live insects and excess soil at the time of packaging, and are not known to be infected with pathogenic micro‑organisms; or

(f) the goods are delivered directly to a herbarium covered by an approved arrangement that provides for the containment of herbarium specimens

160 Section 18 (table item 3)

Repeal the item, substitute:

Unprocessed straw articles or products

The goods:

(a) are for personal use and are brought in as baggage or mail; or

(b) are accompanied by evidence:

(i) stating the botanical name (including genus and species) of the goods; and

(ii) showing that the goods are of plant origin only

161 Section 18 (table item 4, column 2, subparagraph (a)(iii))

Omit “and” (second occurring).

162 Section 18 (table item 4, column 2, subparagraph (a)(iv))

Repeal the subparagraph.

163 Section 18 (table item 4, column 2, paragraph (b))

Omit “(iv)”, substitute “(iii)”.

164 Section 18 (table item 9, column 2, paragraph (c))

Repeal the paragraph.

165 Section 18 (table item 9, column 2, subparagraph (e)(i))

Repeal the subparagraph, substitute:

(i) are for personal use, are brought in as baggage or mail, and are labelled with an ingredients list specifying the botanical names (genus and species) or common names of the goods; or

166 Section 18 (table item 10, column 1)

Omit “tea”, substitute “mixtures for human consumption”.

167 Section 18 (table item 10, column 2, subparagraph (d)(i))

Repeal the subparagraph, substitute:

(i) are for personal use, are brought in as baggage or mail, and are labelled with an ingredients list specifying the botanical names (genus and species) or common names of the goods; or

168 Section 18 (cell at table item 12, column 2)

Repeal the cell, substitute:

The goods:

(a) are for personal use and are brought in as baggage or mail; or

(b) are accompanied by evidence stating the botanical name (including genus and species) of the stem components of the goods

169 Section 18 (cell at table item 15, column 2)

Repeal the cell, substitute:

The goods:

(a) are for personal use and are brought in as baggage or mail; or

(b) are accompanied by evidence:

(i) stating the botanical name (including genus and species) of the goods; and

(ii) showing that the goods are of plant origin only

170 Section 18 (at the end of the table)

Add:

16	Grape vine articles	The goods: (a) are for personal use and are brought in as baggage or mail; or (b) are accompanied by evidence: (i) stating the botanical name (including genus and species) of the goods; and (ii) showing that the goods are of plant origin only
17	The following plants: (a) Hyparrhenia spp. (excluding H. gazensis); (b) Imperata cylindrica; (c) Miscanthus sinensis; (d) Pennisetum purpureum; (e) Thamnocalamus spp.; (f) Thamnochortus spp.	The goods: (a) are intended for use as thatching grass; and (b) are accompanied by evidence stating the botanical name (including genus and species) of the goods
18	Banana fibre articles	The goods: (a) are for personal use and are brought in as baggage or mail; or (b) are accompanied by evidence: (i) stating the botanical name (including genus and species) of the goods; and (ii) showing that the goods are of plant origin only
19	Articles stuffed with herbs or seeds	The goods are accompanied by evidence: (a) stating the botanical name (including genus and species) of the goods; and (b) showing that the goods are of plant origin only

171 Section 23 (heading)

Repeal the heading, substitute:

23 Alternative conditions—fertilisers, soil conditioners and growing media of plant origin

172 Section 23

Omit “potting mixes”, substitute “growing media”.

173 Section 23 (table heading)

Repeal the heading, substitute:

Alternative conditions—fertilisers, soil conditioners and growing media of plant origin

174 Section 23 (table item 1, column 1)

Omit “from an FMD‑free country”, substitute “that was grown, processed and packaged in, and brought or imported from, an FMD‑free country”.

175 Section 23 (cell at table item 2, column 1)

Repeal the cell, substitute:

Peat (being black peat, peat moss, sphagnum peat moss or white peat) that:

(a) was not grown, processed or packaged in an FMD‑free country; and

(b) is in a quantity of less than 10 kilograms

176 Section 23 (cell at table item 3, column 1)

Repeal the cell, substitute:

Peat (being black peat, peat moss, sphagnum peat moss or white peat) that:

(a) was not grown, processed or packaged in an FMD‑free country; and

(b) is in a quantity of 10 kilograms or more

177 Section 24 (table item 1, column 1, paragraph (d))

Repeal the paragraph, substitute:

(d) herbs;

(e) fungi

178 Section 24 (after table item 4)

Insert:

Species of mushrooms or fungi that are for use for medicinal purposes

The goods:

(a) are listed medicinal mushrooms; and

(b) have been securely packed in clean and new packaging; and

(d) are accompanied by a declaration on commercial documentation stating the botanical name of the goods (including genus and species), and a description of the packaging used for the goods; and

(e) have been treated 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

268 Section 23 (at the end of the table)

Add:

Species of mushrooms or fungi that are for use for medicinal purposes

The goods:

(a) are listed medicinal mushrooms; and

(b) have been securely packed in clean and new packaging; and

(d) are accompanied by a declaration on commercial documentation stating the botanical name of the goods (including genus and species), and a description of the packaging used for the goods; and

(e) have been treated 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

Popping corn

The goods:

(a) have been commercially prepared and packaged in packets; and

(b) are ready for retail sale; and

269 Section 24 (at the end of the table)

Add:

Maize seeds for sowing

The goods:

(a) are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands); and

(b) have been commercially prepared and packaged in packets that each contain a quantity of up to 50 grams of the goods; and

(d) are labelled with the botanical name (including genus and species) of the goods; and

(e) are not a genetically modified organism; and

(f) are presented to a biosecurity officer for inspection on arrival at a landing place or port in Norfolk Island

Maize seeds for sowing, other than maize seeds covered by item 4

All of the following:

(a) the goods were grown and packed in a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands);

(b) the goods have been commercially packed in clean and new packaging that is labelled with the botanical name (including genus and species) of the goods;

(c) the goods are free from visual symptoms of disease and from live insects, seeds of other plants (including weeds and crops), soil, and any other contaminants;

(d) the goods:

(i) were grown in an area in which boil smut (Ustilago maydis) is not known to occur; or

(ii) were sourced from crops that were inspected before they were harvested and were found to be free of boil smut (Ustilago maydis); or

(iii) have been treated with Vitavax 200FF flowable fungicide;

(e) the goods:

(i) were grown in an area in which sugarcane mosaic virus, barley yellow dwarf virus, cereal chlorotic mottle virus, johnsongrass mosaic virus, maize stripe virus, and wheat streak virus are not known to occur; or

(ii) were sourced from crops that were inspected before they were harvested and were found to be free of the viruses referred to in subparagraph (i);

(f) the goods are accompanied by a certificate that has been issued:

(i) under the Interstate Certification Assurance Scheme administered by a State or Territory body; or

(ii) by a Commonwealth body that has responsibility for matters relating to plant health; or

(iii) by a State or Territory body that has responsibility for matters relating to plant health in the State or Territory from which the goods are brought or imported;

(g) the certificate referred to in paragraph (f) states that the goods have been inspected and that the conditions in paragraphs (a) to (e) are met;

(h) the goods are presented to a biosecurity officer for inspection on arrival at a landing place or port in Norfolk Island

270 Section 25 (table items 5 and 6)

Repeal the items, substitute:

Bark for human consumption or human therapeutic use

The goods:

(a) are dried; and

(b) either:

(ii) are for personal use, are brought in as baggage or mail, and are labelled with the botanical names (genus and species) or common names of the goods

271 Section 25 (at the end of the table)

Add:

Oak barrels (with or without chestnut bark hoops)

The goods:

(a) are for personal use and are brought in as baggage or mail; or

(b) are accompanied by evidence stating the botanical name (including genus and species) of the materials from which the goods are made

272 Subsection 26(2)

Repeal the subsection, substitute:

(2) For paragraph 7(1)(b), alternative conditions for bringing or importing the goods into Norfolk Island are that the goods are intended for any of the following purposes:

(a) use in human food or beverages;

(b) cosmetic use;

(c) in‑vitro laboratory work;

(d) in‑vivo work in laboratory organisms;

(e) human therapeutic use.

273 Subsection 26(3) (after table item 1)

Insert:

1A	Aspergillus brasiliensis

274 Subparagraph 27(2)(a)(iii)

Repeal the subparagraph.

275 Subsection 27(3) (at the end of the cell at table item 3, column headed “Highly refined organic chemicals and substances”)

Add “(other than those derived from neural material)”.

276 Subsection 27(3) (table item 12, column headed “Highly refined organic chemicals and substances”)

After “animals”, insert “or microbial fermentation”.

277 Paragraph 28(2)(b)

Omit “, Ganoderma spp. or slippery elm bark”.

278 Section 29

Repeal the section, substitute:

29 Alternative conditions—fertilisers, soil conditioners, soil growth supplements and growing media made of animal material, plant material or biological material

For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing fertilisers, soil conditioners, soil growth supplements and growing media made of animal material, plant material or biological material into Norfolk Island.

Alternative conditions—fertilisers, soil conditioners, soil growth supplements and growing media made of animal material, plant material or biological material
Item	Column 1 Goods	Column 2 Alternative conditions
1	Fertilisers, soil conditioners and supplements that are intended for use to promote growth in soil	Both of the following: (a) the only biological materials used to make the goods are one or more of the following: (i) alcohols; (ii) citric acid; (iii) cultures of Saccharomyces cerevisiae (for example, Baker’s yeast or Brewer’s yeast); (iv) lactic acid; (v) purified amino acids (other than those derived from neural material); (vi) purified vitamins; (vii) xanthan gum; (b) the goods are presented to a biosecurity officer for inspection on arrival at a landing place or port in Norfolk Island
2	Fertilisers, soil conditioners and supplements that: (a) are intended for use to promote growth in soil; and (b) do not contain materials derived from terrestrial animals, avian animals or microbes	All of the following: (a) the goods are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands); (b) the goods have been commercially prepared and packaged; (c) the goods are ready for retail sale; (d) the goods are free from soil; (e) if the goods contain plant material—that material has been processed so that it is not viable (for example, the plant material is plant or seaweed extract); (f) the goods are accompanied by documentation stating the ingredients contained in the goods; (g) the goods are presented to a biosecurity officer for inspection on arrival at a landing place or port in Norfolk Island
3	Growing media made of plant material	The goods: (a) are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands); and (b) have been commercially prepared and packaged; and (c) are ready for retail sale; and (d) are free from soil; and (e) are accompanied by documentation stating the ingredients contained in the goods; and (f) are presented to a biosecurity officer for inspection on arrival at a landing place or port in Norfolk Island

Note: Division 2 applies to chemical and mined fertilisers, soil conditioners and soil growth supplements (see section 34).

279 Paragraph 30(2)(a)

Repeal the paragraph, substitute:

(a) the goods are:

(i) intended for human consumption, in‑vitro purposes or human therapeutic use; or

(ii) contained in cosmetics for human use; and

280 Paragraphs 30(3)(d) and (e)

Repeal the paragraphs, substitute:

(d) if the goods contain ingredients of animal, plant or microbial origin—those ingredients are biological material specified in the table in subsection 30(4); and

(e) the goods are accompanied by:

(i) documentation stating the ingredients contained in the goods; or

(ii) if applicable, a declaration or other documentation from the manufacturer of the goods stating the matter referred to in paragraph (d).

281 Subsection 30(4) (after table item 2)

Insert:

2A	Colloidal oatmeal

282 Subsection 30(4) (table item 7)

Repeal the item.

283 Subsection 30(4) (after table item 8)

Insert:

8A	Green lipped mussel powder from New Zealand (except if intended for veterinary therapeutic use in aquatic animals)

284 Subsection 30(4) (at the end of the cell at table item 12, column headed “Biological material”)

Add “(except in products intended for administration to food‑producing animals in their feed or water ration)”.

285 Subsection 30(4) (at the end of the cell at table item 13, column headed “Biological material”)

Add “(except if manufactured using materials of terrestrial animal or avian origin)”.

286 Subsection 30(4) (after table item 13)

Insert:

13A	Neatsfoot oil, if present in products for topical application to humans or animals that are companion or performance animals (such as dogs, cats or horses)

287 Subsection 30(4) (after table item 24)

Insert:

24A	Purified hyaluronic acid manufactured without using materials of terrestrial animal or avian origin (except if intended for veterinary therapeutic use in aquatic animals)

288 Subsection 30(4) (after table item 25)

Insert:

25A	Purified spinosyn compounds, if present in products for use in humans or animals that are companion or performance animals (such as dogs, cats or horses)

289 Subsection 30(4) (at the end of the cell at table item 28, column headed “Biological material”)

Add “(other than lactose)”.

290 Subsection 30(4) (after table item 28)

Insert:

28A	Tallow derivatives that are methyl oleate, oleic acid, glycerol or stearates, produced by hydrolysis, saponification or transesterification using high temperature (above 200°C) and pressure

291 Subsection 30(4) (at the end of the cell at table item 29, column headed “Biological material”)

Add “(except if manufactured using materials of terrestrial animal or avian origin)”.

292 After section 30

Insert:

30A Alternative conditions—gelatine and its derivatives intended for certain purposes

For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing gelatine and its derivatives into Australian territory.

Alternative conditions—gelatine and its derivatives intended for certain purposes
Item	Column 1 Goods	Column 2 Alternative conditions
1	Gelatine intended for: (a) human consumption; or (b) human therapeutic use; or (c) in‑vitro purposes; or (d) in‑vivo work in laboratory organisms	The goods have been commercially prepared
2	Gelatine intended for culture media	Both of the following: (a) the goods have been commercially prepared and packaged; (b) if the goods were derived from bovines—the goods were derived from hides and skins only
3	Gelatine intended for veterinary therapeutic use or use in cosmetics for animals	The goods: (a) were not derived from ruminant animals; and (b) do not contain any biological material except gelatine or biological material specified in the table in subsection 30(4); and (c) have been commercially prepared and packaged; and (d) are ready for retail sale without any further processing; and (e) are accompanied by a declaration or other documentation from the manufacturer of the goods, stating the matters referred to in paragraphs (a) to (d)

293 Section 31 (at the end of the cell at table item 1, column 1)

Add “, other than bioremedial products covered by item 2”.

294 Section 31 (at the end of the table)

Add:

Bioremedial products brought or imported from Australian territory (other than Christmas Island or Cocos (Keeling) Islands)

All of the following:

(a) the goods are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands);

(b) the goods have been commercially prepared and packaged;

(d) the goods are free from soil;

(e) if the goods contain plant material—that material has been processed so that it is not viable (for example, the plant material is plant or seaweed extract);

(f) the goods are accompanied by documentation stating the ingredients contained in the goods;

(g) the goods are presented to a biosecurity officer for inspection on arrival at a landing place or port in Norfolk Island

295 Paragraph 32(2)(b)

Repeal the paragraph, substitute:

(b) the goods have been treated using a method that the Director of Biosecurity is satisfied is appropriate to manage biosecurity risks associated with the goods to an acceptable level; or

(c) the following conditions are complied with:

(i) after arriving at a landing place or port in Norfolk Island, the goods must be delivered directly to premises for biosecurity activities to be carried out in relation to the goods in accordance with an approved arrangement;

(ii) the goods must be used only for in‑vitro purposes;

(iii) the goods must not be used for isolation of infectious agents.

296 Paragraphs 33(1)(a) and (b)

Repeal the paragraphs, substitute:

(a) water;

(b) goods containing water.

297 Paragraph 33(2)(a)

Omit “bottled”, substitute “packaged”.

298 At the end of subsection 33(2)

Add:

; (e) water included as an ingredient in a food product.

299 Subsection 33(3)

Repeal the subsection (not including the heading), substitute:

(3) Goods included in a class of goods to which this section applies must not be brought or imported into Australian territory unless at least one of the following is complied with:

(a) the goods are covered by an import permit;

(b) the goods have been treated using a method that the Director of Biosecurity is satisfied is appropriate to manage biosecurity risks associated with the goods to an acceptable level;

(c) if the goods are sea or ocean water:

(i) the quantity of the goods is less than 5 litres; and

(ii) the goods are free from suspended and solid material; and

(iii) the goods must be used only for in‑vitro purposes.

300 Section 34

Repeal the section, substitute:

34 Chemical or mined fertilisers, soil conditioners and soil growth supplements

Classes of goods to which this section applies

(1) This section applies to the following classes of goods:

(a) chemical or mined fertilisers;

(b) chemical or mined soil conditioners;

(c) chemical or mined supplements used to promote growth in soil.

Note: Division 1 applies to fertilisers, soil conditioners and soil growth supplements that are made of animal material, plant material or biological material (see section 29).

Conditions—liquid chemical fertilisers

(2) Liquid chemical fertilisers (the goods) must not be brought or imported into Norfolk Island unless:

(a) the goods are accompanied by a declaration by the manufacturer of the goods stating that the goods do not contain any ingredients of animal, plant or microbial origin; or

(b) the goods are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands).

Conditions—chemical and mined fertilisers, soil conditioners and soil growth supplements (other than liquid chemical fertilisers)

(3) Goods included in a class of goods to which this section applies (other than liquid chemical fertilisers) must not be brought or imported into Norfolk Island unless:

(a) the goods are covered by an import permit; or

(b) the goods are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands); or

(c) the alternative conditions specified in the following table are complied with.

Alternative conditions—chemical and mined fertilisers, soil conditioners and soil growth supplements (other than liquid chemical fertilisers)
Item	Column 1 Goods	Column 2 Alternative conditions
1	Chemical fertilisers (other than liquid chemical fertilisers), chemical soil conditioners and chemical soil growth supplements, if the net weight of each packed unit of the goods is not more than 100 kilograms	All of the following: (a) the goods are in clean and new packaging; (b) the goods do not contain any ingredients of animal, plant or microbial origin; (c) the goods were packed at the place where they were produced; (d) the goods have not been stockpiled in an open environment; (e) the goods are accompanied by a commercial invoice, packing list or a declaration by the manufacturer of the goods, stating the matters referred to in paragraphs (a) to (d)
2	Chemical fertilisers (other than liquid chemical fertilisers), chemical soil conditioners and chemical soil growth supplements, if the net weight of each packed unit of the goods is more than 100 kilograms	All of the following: (a) the goods are not intended for processing (other than packaging) in Australian territory; (b) the goods do not contain any ingredients of animal, plant or microbial origin; (c) the goods are accompanied by a commercial invoice, packing list or a declaration by the manufacturer of the goods, stating the matters referred to in paragraphs (a) and (b)
3	Mined fertilisers, mined soil conditioners and mined soil growth supplements	The goods: (a) are not intended for processing (other than packaging) in Australian territory; and (b) do not contain any ingredients of animal, plant or microbial origin; and (c) are accompanied by a commercial invoice, packing list or a declaration by the manufacturer of the goods, stating the matters referred to in paragraphs (a) and (b)

301 After section 35

Insert:

35A Equipment that has directly or indirectly come into contact with horses

Classes of goods to which this section applies

(1) The class of goods to which this section applies is equipment that has directly or indirectly come into contact with horses, including the following:

(a) grooming items, tools and other items and accessories used in caring for horses (for example, feed bags);

(b) awards (for example, ribbons and garlands);

(c) riding accessories (for example, collars, reins, bridles, blinkers and saddles);

(d) horse shoes;

(e) equestrian and horse riding clothing and accessories, including polo equipment, saddle rugs and pads, riding and stock whips, boots, spurs, jodhpurs, gloves and helmets;

(f) any other clothing, footwear, accessories, tools or items, worn or used, that have been in contact with horses or exposed to areas where horses are or have been present.

Conditions

(2) Goods included in the class of goods to which this section applies must not be brought or imported into Norfolk Island unless:

(a) the goods are covered by an import permit; or

(b) the goods:

(i) have undergone treatment through the application of either gamma irradiation to a minimum of 50 kGray at a facility that the Director of Biosecurity is satisfied can treat equipment that has directly or indirectly come into contact with horses so that biosecurity risks associated with the goods are managed to an acceptable level, or a disinfectant appropriate to manage biosecurity risks associated with the goods to an acceptable level; and

(ii) have not been in contact with equine animals after being treated as referred to in subparagraph (i); and

(iii) are accompanied by a government‑endorsed treatment certificate, stating the matters referred to in subparagraphs (i) and (ii); or

(c) the goods are treated, 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.

302 Section 37 (heading)

Repeal the heading, substitute:

37 Used machinery and equipment (other than certain beekeeping equipment, veterinary equipment or equipment that has come into contact with horses)

303 At the end of subsection 37(2)

Add:

; (c) used equipment that has directly or indirectly come into contact with horses.

Schedule 2—Amendments commencing 1 March 2018

Part 1—Alternative conditions for the mainland

Biosecurity (Prohibited and Conditionally Non‑prohibited Goods) Determination 2016

1 Section 5 (definition of listed fresh cut flowers or foliage)

Omit “prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 30 June 2017”.

2 Section 5 (note at the end of the definition of listed fresh cut flowers or foliage)

Repeal the note, substitute:

Note: Flowers or foliage (or a part of a flower or foliage) of a particular species, or from a particular country, are listed in the List of Species of Fresh Cut Flowers and Foliage with Alternative Conditions for Import if the Director of Biosecurity is satisfied that:

(a) the level of biosecurity risk associated with fresh cut flowers or foliage (or a part of a flower or foliage) of that species, or from that country, is acceptable; or

(b) biosecurity risks associated with fresh cut flowers or foliage (or a part of a flower or foliage) of that species, or from that country, can be managed to an acceptable level if the species are produced in accordance with a listed systems approach, or a listed treatment is applied to the species.

3 Section 5

Insert:

List of Species of Fresh Cut Flowers and Foliage with Alternative Conditions for Import means the List with that name prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 1 March 2018.

4 Section 26 (table)

Repeal the table, substitute:

Alternative conditions—fresh cut flowers and foliage for decorative purposes
Item	Column 1 Goods	Column 2 Alternative conditions
1	Fresh cut flowers and foliage other than for personal use	All of the following: (a) the goods are listed fresh cut flowers or foliage; (b) the goods are of a species that: (i) were produced in accordance with a systems approach in a country listed for that species and that systems approach in the List of Species of Fresh Cut Flowers and Foliage with Alternative Conditions for Import; or (ii) have been treated with methyl‑bromide in a country listed for that species and that treatment in the List referred to in subparagraph (i); or (iii) have been treated with an alternative treatment in a country listed for that species and that treatment in the List referred to in subparagraph (i); (c) if the goods are of a species for which devitalisation treatment is listed in the List referred to in subparagraph (b)(i)—the listed devitalisation treatment has been applied to the goods; (d) the goods are free from pests; (e) the goods are packaged in pest‑proof cartons or containers; (f) the goods are accompanied by a phytosanitary certificate stating: (i) the botanical name (including genus and species) of the goods; and (ii) the matters specified in paragraphs (a) to (e)
2	Fresh cut flowers and foliage for personal use	The goods: (a) are listed fresh cut flowers or foliage; and (b) are for personal use and brought in as baggage; and (c) are in a quantity of not more than 6 small boxes, bouquets or equivalent
3	Lilium spp. cut flowers other than for personal use	All of the following: (a) the goods were grown and produced in Taiwan; (b) the goods are commercial hybrid varieties and are free from stem bulbils; (c) the goods: (i) were produced in accordance with a systems approach listed for the goods in the List of Species of Fresh Cut Flowers and Foliage with Alternative Conditions for Import; or (ii) have been treated with methyl‑bromide; or (iii) have been treated with an alternative treatment listed for the goods in the List referred to in subparagraph (i); (d) the goods are free from pests; (e) the goods are packaged in pest‑proof cartons or containers; (f) the goods are accompanied by a phytosanitary certificate stating: (i) the botanical name (including genus and species) of the goods; and (ii) the matters specified in paragraphs (a) to (e)
4	Lilium spp. cut flowers for personal use	The goods: (a) were grown and produced in Taiwan; and (b) are for personal use and brought in as baggage; and (c) are in a quantity of not more than 6 small boxes, bouquets or equivalent

Part 2—Alternative conditions for Christmas Island

Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Christmas Island) Determination 2016

5 Subsection 5(1)

Insert:

listed fresh cut flowers or foliage (external Territories) means fresh cut flowers or foliage (or a part of a flower or foliage) of a species that is listed in the List of Species of Fresh Cut Flowers and Foliage with Alternative Conditions for Import (External Territories) prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 1 March 2018.

Note: Flowers or foliage (or a part of a flower or foliage) of a particular species are listed in the List of Species of Fresh Cut Flowers and Foliage with Alternative Conditions for Import (External Territories) if the Director of Biosecurity is satisfied that the level of biosecurity risk associated with fresh cut flowers or foliage (or a part of a flower or foliage) of that species can be managed to an acceptable level.

6 Section 20 (table)

Repeal the table, substitute:

Alternative conditions—fresh cut flowers and foliage for decorative purposes
Item	Column 1 Goods	Column 2 Alternative conditions
1	Fresh cut flowers and foliage	All of the following: (a) the goods are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island); (b) the goods are listed fresh cut flowers or foliage (external Territories); (c) the goods have been treated in a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island) with methyl‑bromide, 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; (d) the goods are free from pests; (e) the goods are packaged in pest‑proof cartons or containers; (f) the goods are accompanied by a certificate that has been issued: (i) under the Interstate Certification Assurance Scheme administered by a State or Territory body; or (ii) by a Commonwealth body that has responsibility for matters relating to plant health; or (iii) by a State or Territory body that has responsibility for matters relating to plant health in the State or Territory from which the goods are brought or imported; (g) the certificate referred to in paragraph (f) states all of the following: (i) the botanical name (including genus and species) of the goods; (ii) that the goods have been inspected; (iii) that the conditions in paragraphs (b) to (e) are met; (h) the goods are presented to a biosecurity officer for inspection on arrival at a landing place or port in Christmas Island
2	Lilium spp. cut flowers	All of the following: (a) the goods are brought or imported from a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island); (b) the goods are commercial hybrid varieties and are free from stem bulbils; (c) the goods have been treated in a part of Australian territory (other than Cocos (Keeling) Islands or Norfolk Island) with methyl‑bromide, 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; (d) the goods are free from pests; (e) the goods are packaged in pest‑proof cartons or containers; (f) the goods are accompanied by a certificate that has been issued: (i) under the Interstate Certification Assurance Scheme administered by a State or Territory body; or (ii) by a Commonwealth body that has responsibility for matters relating to plant health; or (iii) by a State or Territory body that has responsibility for matters relating to plant health in the State or Territory from which the goods are brought or imported; (g) the certificate referred to in paragraph (f) states all of the following: (i) the botanical name (including genus and species) of the goods; (ii) that the goods have been inspected; (iii) that the conditions in paragraphs (b) to (e) are met; (h) the goods are presented to a biosecurity officer for inspection on arrival at a landing place or port in Christmas Island

Part 3—Alternative conditions for Cocos (Keeling) Islands

Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Cocos (Keeling) Islands) Determination 2016

7 Subsection 5(1)

Insert:

listed fresh cut flowers or foliage (external Territories) means fresh cut flowers or foliage (or a part of a flower or foliage) of a species that is listed in the List of Species of Fresh Cut Flowers and Foliage with Alternative Conditions for Import (External Territories) prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 1 March 2018.

Note: Flowers or foliage (or a part of a flower or foliage) of a particular species are listed in the List of Species of Fresh Cut Flowers and Foliage with Alternative Conditions for Import (External Territories) if the Director of Biosecurity is satisfied that the level of biosecurity risk associated with fresh cut flowers or foliage (or a part of a flower or foliage) of that species can be managed to an acceptable level.

8 Section 21 (table)

Repeal the table, substitute:

Alternative conditions—fresh cut flowers and foliage for decorative purposes
Item	Column 1 Goods	Column 2 Alternative conditions
1	Fresh cut flowers and foliage	All of the following: (a) the goods are brought or imported from a part of Australian territory (other than Christmas Island or Norfolk Island); (b) the goods are listed fresh cut flowers or foliage (external Territories); (c) the goods have been treated in a part of Australian territory (other than Christmas Island or Norfolk Island) with methyl‑bromide, 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; (d) the goods are free from pests; (e) the goods are packaged in pest‑proof cartons or containers; (f) the goods are accompanied by a certificate that has been issued: (i) under the Interstate Certification Assurance Scheme administered by a State or Territory body; or (ii) by a Commonwealth body that has responsibility for matters relating to plant health; or (iii) by a State or Territory body that has responsibility for matters relating to plant health in the State or Territory from which the goods are brought or imported; (g) the certificate referred to in paragraph (f) states all of the following: (i) the botanical name (including genus and species) of the goods; (ii) that the goods have been inspected; (iii) that the conditions in paragraphs (b) to (e) are met; (h) the goods are presented to a biosecurity officer for inspection on arrival at a landing place or port in Cocos (Keeling) Islands
2	Lilium spp. cut flowers	All of the following: (a) the goods are brought or imported from a part of Australian territory (other than Christmas Island or Norfolk Island); (b) the goods are commercial hybrid varieties and are free from stem bulbils; (c) the goods have been treated in a part of Australian territory (other than Christmas Island or Norfolk Island) with methyl‑bromide, 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; (d) the goods are free from pests; (e) the goods are packaged in pest‑proof cartons or containers; (f) the goods are accompanied by a certificate that has been issued: (i) under the Interstate Certification Assurance Scheme administered by a State or Territory body; or (ii) by a Commonwealth body that has responsibility for matters relating to plant health; or (iii) by a State or Territory body that has responsibility for matters relating to plant health in the State or Territory from which the goods are brought or imported; (g) the certificate referred to in paragraph (f) states all of the following: (i) the botanical name (including genus and species) of the goods; (ii) that the goods have been inspected; (iii) that the conditions in paragraphs (b) to (e) are met; (h) the goods are presented to a biosecurity officer for inspection on arrival at a landing place or port in Cocos (Keeling) Islands

Part 4—Alternative conditions for Norfolk Island

Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Norfolk Island) Determination 2016

9 Subsection 5(1)

Insert:

listed fresh cut flowers or foliage (external Territories) means fresh cut flowers or foliage (or a part of a flower or foliage) of a species that is listed in the List of Species of Fresh Cut Flowers and Foliage with Alternative Conditions for Import (External Territories) prepared by the Director of Biosecurity and published on the Agriculture Department’s website, as existing on 1 March 2018.

Note: Flowers or foliage (or a part of a flower or foliage) of a particular species are listed in the List of Species of Fresh Cut Flowers and Foliage with Alternative Conditions for Import (External Territories) if the Director of Biosecurity is satisfied that the level of biosecurity risk associated with fresh cut flowers or foliage (or a part of a flower or foliage) of that species can be managed to an acceptable level.

10 After section 20

Insert:

20A Alternative conditions—fresh cut flowers and foliage for decorative purposes

For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing fresh cut flowers and foliage for decorative purposes into Norfolk Island.

Alternative conditions—fresh cut flowers and foliage for decorative purposes
Item	Column 1 Goods	Column 2 Alternative conditions
1	Fresh cut flowers and foliage	All of the following: (a) the goods are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands); (b) the goods are listed fresh cut flowers or foliage (external Territories); (c) the goods have been treated in a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands) with methyl‑bromide, 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; (d) the goods are free from pests; (e) the goods are packaged in pest‑proof cartons or containers; (f) the goods are accompanied by a certificate that has been issued: (i) under the Interstate Certification Assurance Scheme administered by a State or Territory body; or (ii) by a Commonwealth body that has responsibility for matters relating to plant health; or (iii) by a State or Territory body that has responsibility for matters relating to plant health in the State or Territory from which the goods are brought or imported; (g) the certificate referred to in paragraph (f) states all of the following: (i) the botanical name (including genus and species) of the goods; (ii) that the goods have been inspected; (iii) that the conditions in paragraphs (b) to (e) are met; (h) the goods are presented to a biosecurity officer for inspection on arrival at a landing place or port in Norfolk Island
2	Lilium spp. cut flowers	All of the following: (a) the goods are brought or imported from a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands); (b) the goods are commercial hybrid varieties and are free from stem bulbils; (c) the goods have been treated in a part of Australian territory (other than Christmas Island or Cocos (Keeling) Islands) with methyl‑bromide, 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; (d) the goods are free from pests; (e) the goods are packaged in pest‑proof cartons or containers; (f) the goods are accompanied by a certificate that has been issued: (i) under the Interstate Certification Assurance Scheme administered by a State or Territory body; or (ii) by a Commonwealth body that has responsibility for matters relating to plant health; or (iii) by a State or Territory body that has responsibility for matters relating to plant health in the State or Territory from which the goods are brought or imported; (g) the certificate referred to in paragraph (f) states all of the following: (i) the botanical name (including genus and species) of the goods; (ii) that the goods have been inspected; (iii) that the conditions in paragraphs (b) to (e) are met; (h) the goods are presented to a biosecurity officer for inspection on arrival at a landing place or port in Norfolk Island