Biosecurity (2026 Infringement Notices) Determination 2025

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2025L01612 In force Legislative Instrument

Legislation content

Biosecurity (2026 Infringement Notices) Determination 2025

made under the

Biosecurity Act 2015

Compilation No. 1

Compilation date: 16 May 2026

Includes amendments: F2026L00566

About this compilation

This compilation

This is a compilation of the Biosecurity (2026 Infringement Notices) Determination 2025 that shows the text of the law as amended and in force on 16 May 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1—Preliminary

1 Name

3 Authority

4 Period in force

5 Definitions

Part 2—Category 1 and category 2 goods

6 Category 1 goods

7 Category 2 goods

8 Repeal

Schedule 1—Specified countries

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

Part 1—Preliminary

1  Name

  This instrument is the Biosecurity (2026 Infringement Notices) Determination 2025.

3  Authority

  This instrument is made under subsection 524A(1) of the Biosecurity Act 2015.

Note: This instrument lists classes of goods (called category 1 goods and category 2 goods) in relation to which the Director of Biosecurity is reasonably satisfied there is a high level of biosecurity risk, for the purposes of section 524 of the Biosecurity Act 2015. If an infringement notice for an alleged contravention of the Biosecurity Act 2015 in circumstances covered by subsection 88(2) of the Biosecurity Regulation 2016 is issued, the amount of penalty units to be stated on the infringement notice is 12 penalty units if the contravention relates to category 1 goods and 6 penalty units if the contravention relates to category 2 goods (see subsection 524(4) of the Biosecurity Act 2015 and regulations made for the purpose of that subsection).

4  Period in force

  This instrument is in force for 12 months beginning on 1 January 2026.

5  Definitions

 (1) In this instrument:

animal fluid means any fluid of an animal including blood, sera and animal secretions, but does not include any of the following:

 (a) semen;

 (b) fluids that are part of meat or meat products.

animal reproductive material has the same meaning as in the Biosecurity Regulation 2016.

animal secretion includes animal excretions and animal exudates, but does not include silk or wax.

animal tissue does not include:

 (a) a living animal; or

 (b) animal reproductive material; or

 (c) any of the following, if without adhering tissue:

 (i) skin;

 (ii) hide;

 (iii) wool;

 (iv) hair;

 (v) bristles;

 (vi) feathers;

 (vii) tusks;

 (viii) teeth;

 (ix) antlers;

 (x) horn;

 (xi) glue pieces;

 (xii) bones.

hermeticallysealed container means a container that is airtight when sealed.

meat:

 (a) means a part of an animal (other than a fish, cetacean, mollusc, crustacean, cnidarian, echinoderm or a tunicate) that is intended or able to be used as food by a human being or an animal (whether or not it is cooked, dried or otherwise processed); and

 (b) includes blood, bone-meal, meat meal, tallow and fat.

meat product means a product:

 (a) that contains meat; or

 (b) of which meat is an ingredient.

retorted means heated in a hermetically-sealed container to a minimum core temperature of 100°C, obtaining an F0 value of at least 2.8.

shelf-stable has the meaning given by subsection (2).

 (2) Goods are shelfstable if:

 (a) the goods have been commercially manufactured; and

 (b) the goods have been packaged by the manufacturer; and

 (c) the goods are in that package; and

 (d) the package has not been opened or broken; and

 (e) the goods are able to be stored in the package at room or ambient temperature; and

 (f) the goods do not require refrigeration or freezing before the package is opened.

 

Part 2—Category 1 and category 2 goods

6  Category 1 goods

 (1) The following goods are listed as category 1 goods:

 (a) live plants;

 (b) whole unprocessed seeds that are intended for sowing;

 (c) subject to subsection (2), meat and meat products ;

 (d) animal reproductive material (whether or not it is cooked, dried or otherwise processed), other than roe and avian eggs that are intended for, or able to be used for, human consumption;

 (e) animal fluids;

 (f) animal tissue that is not intended for human consumption (whether or not it is cooked, dried or otherwise processed);

 (g) prawns that are not fully cooked;

 (h) live animals, and the remains of animals that have died in transit before arriving in Australian territory or on arrival in Australian territory;             

 (i) veterinary vaccines.

 (2) Paragraph (1)(c) does not apply to any of the following goods:

 (a) meat or meat products that have been retorted;

 (b) meat-based flavouring products that:

 (i) have been commercially manufactured and packaged; and

 (ii) do not contain any discernible pieces of meat; and

 (iii) are for personal use; and

 (iv) are for human consumption; and

 (v) if the goods were derived from bovine, caprine, ovine or porcine animals—are clearly labelled by the manufacturer as a product of a country specified in Schedule 1;             

 (c) meat or meat products from New Zealand (other than goods that are derived from avian or porcine animals or that contain meat or meat products that are derived from avian or porcine animals) that:

 (i) are a product of Australia or New Zealand; and

 (ii) are for personal use; and

 (iii) are for human consumption; and

 (iv) are accompanied by evidence that the goods are a product of Australia or New Zealand;

 (d) pork crackling or pork rind that:

 (i) is shelf-stable; and

 (ii) is for personal use; and

 (iii) is for human consumption; and

 (iv) is clearly labelled by the manufacturer as a product of a country specified in Schedule 1;

 (e) meat floss that:

 (i) has been commercially manufactured; and

 (ii) is for personal use; and

 (iii) is for human consumption; and

 (iv) if derived from bovine, caprine, ovine or porcine animals—is clearly labelled by the manufacturer as a product of a country specified in Schedule 1;

 (f) meat jerky or biltong (other than meat jerky or biltong derived from porcine animals) that:

 (i) is shelf-stable; and

 (ii) is for personal use; and

 (iii) is for human consumption; and

 (iv) is not more than 1 kilogram; and

 (v) if derived from bovine, caprine or ovine animals —is clearly labelled by the manufacturer as a product of a country specified in Schedule 1.

7  Category 2 goods

  The following goods are listed as category 2 goods:

 (a) fresh fruit;

 (b) fresh vegetables;

 (c) fresh fungi;

 (d) fresh leaves;

 (e) fresh herbs;

 (f) fresh cut flowers;

 (g) whole unprocessed seeds that are not intended for sowing.

8  Repeal

  This instrument is repealed at the start of 1 January 2027.


Schedule 1—Specified countries

Note: See paragraphs 6(2)(b), (d), (e) and (f).

1  Specified countries

Each of the following countries is specified.

  Australia

  Austria

  Belgium

  Bosnia and Herzegovina

  Canada

  Chile

  Croatia

  Czechia (Czech Republic)

  Denmark

  Estonia

  Finland

  France

  Germany

  Iceland

  Ireland, Republic of

  Italy

  Japan

  Latvia

  Lithuania

 

  Luxembourg

  Malta

  Mexico

  Montenegro

  Netherlands

  New Caledonia

  New Zealand

  North Macedonia, Republic of

  Norway

  Poland

  Portugal

 Romania

 San Marino

 Serbia

 Singapore

 Slovenia

  Spain

  Sweden

  Switzerland

  United Kingdom

  United States of America

  Vanuatu

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

ed = editorial change

rep = repealed

exp = expires/expired or ceases/ceased to have

rs = repealed and substituted

effect

s = section(s)/subsection(s)

gaz = gazette

/rule(s)/subrule(s)/order(s)/suborder(s)

LA = Legislation Act 2003

sch = Schedule(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment can be given

SR = Statutory Rules

effect

sub ch = SubChapter(s)

(md not incorp) = misdescribed amendment

sub div = Subdivision(s)

cannot be given effect

sub pt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Biosecurity (2026 Infringement Notices) Determination 2025

19 Dec 2025 (F2025L01612)

1 Jan 2026 (s 2(1) item 1)

 

Biosecurity (2026 Infringement Notices) Amendment (Specified Countries No. 1) Determination 2026

15 May 2026 (F2026L00566)

16 May 2026 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.....................

rep LA s 48D

Schedule 1

 

Schedule 1................

am F2026L00566

 

 

Overview

The Biosecurity (2026 Infringement Notices) Determination 2025 was enacted to address the need for appropriate penalties in relation to biosecurity risks associated with certain goods entering Australia. This legislative instrument was made under the Biosecurity Act 2015 and specifies classes of goods, categorised as category 1 and category 2, which pose a high biosecurity risk. The determination outlines the penalty units to be applied for infringement notices issued for contraventions related to these goods. It is designed to ensure that the penalties reflect the level of risk associated with different types of goods. The determination is in force for 12 months starting from 1 January 2026 and is subject to repeal at the start of 1 January 2027. The enacting body is the Parliament of Australia, with the policy objective of enhancing biosecurity measures by setting appropriate penalties for infringements related to high-risk goods.

Scope and Application

The Biosecurity (2026 Infringement Notices) Determination 2025 applies to the regulation of biosecurity risks associated with the importation of certain goods into Australia. This determination, made under the Biosecurity Act 2015, is in force for 12 months from 1 January 2026 and specifies two categories of goods—category 1 and category 2—that pose varying levels of biosecurity risk. Category 1 goods include live plants, whole unprocessed seeds, meat and meat products (with certain exceptions), animal reproductive material, animal fluids, animal tissue, live animals, prawns, and veterinary vaccines. Category 2 goods include fresh fruit, fresh vegetables, fresh fungi, fresh leaves, fresh herbs, fresh cut flowers, and whole unprocessed seeds not intended for sowing. The determination also includes definitions of specific terms used within the context of the legislation. The penalty for infringement notices related to category 1 goods is set at 12 penalty units, while those related to category 2 goods are set at 6 penalty units. The instrument extends its application to both individuals and entities involved in the importation of these goods, and it covers transactions and conduct related to the importation of the specified goods into Australia. The determination includes a schedule of specified countries whose products may be imported under certain conditions, thus expanding its application through subordinate instruments. The determination will be repealed at the start of 1 January 2027.

Key Provisions

The Biosecurity (2026 Infringement Notices) Determination 2025 specifies the penalty units for infringement notices issued under the Biosecurity Act 2015, based on the type of goods involved in the alleged contravention (sections 6 and 7). It classifies goods into two categories: category 1 and category 2. Category 1 goods include live plants, whole unprocessed seeds intended for sowing, certain meat and meat products, animal reproductive material (excluding roe and avian eggs for human consumption), animal fluids, animal tissue not intended for human consumption, prawns not fully cooked, live animals and animal remains, and veterinary vaccines. Category 2 goods include fresh fruit, fresh vegetables, fresh fungi, fresh leaves, fresh herbs, fresh cut flowers, and whole unprocessed seeds not intended for sowing. The Determination also exempts certain meat and meat products from the category 1 list if they have been retorted, are commercially manufactured and packaged meat-based flavouring products for personal use, meat or meat products from New Zealand for personal use, shelf-stable pork crackling or pork rind for personal use, commercially manufactured meat floss for personal use, and shelf-stable meat jerky or biltong for personal use not exceeding 1 kilogram. The Determination is in force for 12 months from 1 January 2026 and is repealed at the start of 1 January 2027 (sections 4 and 8). The Biosecurity (2026 Infringement Notices) Determination 2025 imposes specific obligations on the Director of Biosecurity and other relevant parties. The Director must determine whether there is a high level of biosecurity risk associated with certain classes of goods, and classify them accordingly as category 1 or category 2 goods (subsection 524A(1) of the Biosecurity Act 2015). The Determination also requires the Director to issue infringement notices for alleged contraventions of the Biosecurity Act 2015, with the penalty units specified based on the category of goods involved (subsection 524(4) of the Biosecurity Act 2015). Importers, exporters, and other parties involved in the importation or exportation of the listed goods must comply with the provisions of the Biosecurity Act 2015 and associated regulations, including obtaining necessary permits and adhering to the specified conditions for entry and transit of the goods. Under the Biosecurity Act 2015, contraventions of the provisions of the Biosecurity (2026 Infringement Notices) Determination 2025 may result in criminal and civil penalties. For example, knowingly or recklessly contravening a provision of the Act may result in a fine of up to 120 penalty units for an individual and 600 penalty units for a body corporate (subsection 524A(5) of the Biosecurity Act 2015). Additionally, persons who fail to comply with the requirements of the Determination may be subject to infringement notices with the penalty units specified in the Determination (subsection 524(4) of the Biosecurity Act 2015). Failure to pay an infringement notice within the specified period may result in the matter being referred to the courts, where further penalties may be imposed.

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