Biosecurity (Prohibited and Conditionally Non-prohibited Goods) Amendment (Honey and Bee Products) Determination 2016

Administered by Department of Agriculture

Legislation au F2016L01995 Not in force Legislative Instrument

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Explanatory Statement

 

Biosecurity Act 2015

 

Biosecurity (Prohibited and Conditionally Non-prohibited Goods) Amendment (Honey and Bee Products) Determination 2016

 

Legislative Authority

 

Subsection 174(1) of the Biosecurity Act 2015 empowers the Director of Biosecurity and the Director of Human Biosecurity to jointly determine that specified classes of goods must not be brought or imported into Australian territory unless specified conditions (including conditions for administrative purposes) are complied with.

 

The Biosecurity (Prohibited and Conditionally Non-prohibited Goods) Determination 2016 (the Goods Determination) is made by the Director of Biosecurity and the Director of Human Biosecurity under subsection 174(1) and provides that specified classes of goods must not be brought or imported into Australian territory unless specified alternative conditions are complied with. The alternative conditions are also specified in the Goods Determination.

 

The Goods Determination does not apply in relation to goods that are, or are intended to be, brought or imported into Christmas Island or Cocos (Keeling) Islands; or goods that are, or are intended to be, brought or imported into Norfolk Island on or after 1 July 2016.

 

Purpose

 

The purpose of the proposed amendments to the Goods Determination is to manage the biosecurity risk of European foulbrood being introduced into Western Australia, through imported honey and bee products, to an acceptably low level. To achieve this, the specified honey and bee products entering or unloaded into Western Australia without an import permit, will need to be accompanied by a certificate issued by the government of the exporting country in a form approved by the Director of Biosecurity.

 

Background

 

Western Australia is not affected by European foulbrood (a bee infection caused by the bacterium Melissococcus plutonius). Introduction and spread of European foulbrood in Western Australia would affect local apiaries, feral honeybee populations and Western Australia’s live honeybee export market.

 

The proposed amendments to the Goods Determination will impose the same requirements that existed under Western Australia’s state legislation, prior to the implementation of the Biosecurity Act 2015 on 16 June 2016.

 

Impact and Effect

 

The impact is that there is now a requirement for the specified honey and bee products to be accompanied by a certificate issued by the government of the exporting country, in a form approved by the Director of Biosecurity, if they enter or are unloaded in Western Australia without an import permit. This requirement is the same for small businesses, larger businesses and non-commercial importers because the biosecurity risk is inherent in the products, regardless of the size or frequency of the import.

 

The regulatory costs arising from requiring a certificate will be limited to assessing certificates and inspections of products. Costs associated with inspection of products already exist. The proposed amendments enable a biosecurity measure against the biosecurity risk of European foulbrood being introduced into Western Australia. The regulatory costs of the biosecurity measure are small in comparison to regulatory costs arising from European foulbrood establishing in Western Australia.

 

Consultation

 

The Department of Agriculture and Water Resources (the department) has liaised with the Western Australian government who requested that legislative measures be reintroduced to manage the biosecurity risk associated with European foulbrood. The department has also liaised with members of the Western Australian bee industry, including the Bee Industry Council of Western Australia. These bodies are supportive of the proposed amendments.

 

The Office of Best Practice Regulation was consulted in the preparation of the amendments to the Goods Determination and advised that a regulatory impact statement is not required (ID 21071).

 

Details/Operation

 

The specific statements and requirements of the certificates will be maintained in the Biosecurity Import Conditions System (BICON). An import permit will not be required.

 

BICON houses the Australian Government's Biosecurity import conditions database for more than 20,000 plants, animals, minerals and biological products. It is available to the public and helps importers determine what import conditions exist and if an import permit is required. Having the specific statements and requirements of the certificates in BICON will enable importers and the governments of the exporting countries to easily access this information.

 

The details of the proposed amendments to the Goods Determination are set out in the Attachment.

 

Other

 

The determination is a legislative instrument but, under subsection 174(5) of the Biosecurity Act 2015, section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination. Consequently, a Statement of Compatibility with Human Rights is not required.


Attachment

 

Details of the Biosecurity (Prohibited and Conditionally Non-prohibited Goods) Amendment (Honey and Bee Products) Determination 2016

 

Section 1 — Name

 

This section provides that the name of the determination is the Biosecurity (Prohibited and Conditionally Non-prohibited Goods) Amendment (Honey and Bee Products) Determination 2016.

 

Section 2 — Commencement

 

This section provides for the determination to commence on the day after the determination is registered on the Federal Register of Legislation.

 

Section 3 — Authority

 

This section provides that the determination is made under section 174 of the Biosecurity Act 2015.

 

Section 4 — Schedules

 

This section provides that the Biosecurity (Prohibited and Conditionally Non-prohibited Goods) Determination 2016 is amended as set out in the applicable items in Schedule 1 of the determination.

 

Schedule 1 — Amendments

 

Item 1 inserts “(1)” before “For” in section 19 of the Goods Determination. The effect of this is to create subsection 19(1) in section 19. Subsection 19(1) maintains the current alternative conditions for bringing or importing honey and certain bee products into Australian territory.

 

Item 2 inserts a new subsection 19(2) which adds the table specifying the alternative conditions, that are additional to the alternative conditions specified in subsection (1), for certain honey and bee products that enter, or are unloaded in, Western Australia.

 

The honey and bee products specified are: honey (whether or not containing honeycomb); honeycomb; propolis; and royal jelly. Some exceptions (relating to small volume imports) to the requirement to have a certificate for these products have also been specified.

 

The additional alternative conditions specified are that if the honey and bee products enter, or are unloaded in Western Australia, they are accompanied by a certificate, issued by the government of the exporting country, in a form approved by the Director of Biosecurity.

Overview

The Biosecurity (Prohibited and Conditionally Non-prohibited Goods) Amendment (Honey and Bee Products) Determination 2016 was enacted under the legislative authority of the Biosecurity Act 2015, and it was introduced to address the specific biosecurity risk posed by the potential introduction of European foulbrood into Western Australia through imported honey and bee products. This determination was made by the Director of Biosecurity and the Director of Human Biosecurity, and it aims to manage this biosecurity risk to an acceptably low level by imposing certain conditions on the importation of specified honey and bee products into Western Australia. The policy objective is to prevent the spread of this disease, which is not currently present in Western Australia, and to protect local apiaries, feral honeybee populations, and the live honeybee export market. This determination does not apply to goods intended for importation into Christmas Island, Cocos (Keeling) Islands, or Norfolk Island after 1 July 2016. The proposed amendments to the Goods Determination require that specified honey and bee products entering or unloaded into Western Australia without an import permit must be accompanied by a certificate issued by the government of the exporting country in a form approved by the Director of Biosecurity. This requirement applies to all importers, regardless of size or frequency of import, as the biosecurity risk is inherent in the products. The regulatory costs associated with these amendments are considered small in comparison to the potential costs of European foulbrood establishing in Western Australia. The Department of Agriculture and Water Resources has consulted with the Western Australian government and the bee industry, who support these amendments. The specific statements and requirements of the certificates will be maintained in the Biosecurity Import Conditions System (BICON), enabling easy access for importers and exporting countries.

Scope and Application

The Biosecurity (Prohibited and Conditionally Non-prohibited Goods) Amendment (Honey and Bee Products) Determination 2016 applies to the import of honey, honeycomb, propolis, and royal jelly into Australia, with specific emphasis on Western Australia, to mitigate the risk of European foulbrood infection. This determination, made under the Biosecurity Act 2015, imposes additional conditions on the importation of these bee products, requiring them to be accompanied by a certificate issued by the exporting country's government, in a form approved by the Director of Biosecurity. This requirement applies uniformly across all importers, irrespective of the size or frequency of their importation activities. The legislation does not extend to goods imported into Christmas Island, Cocos (Keeling) Islands, or Norfolk Island. The regulatory impact of this amendment is limited to the assessment of certificates and inspections of the products, which aligns with the existing costs associated with product inspection. The specific requirements and statements of the certificates will be maintained in the Biosecurity Import Conditions System (BICON), ensuring easy access for both importers and exporting countries.

Key Provisions

The Biosecurity (Prohibited and Conditionally Non-prohibited Goods) Amendment (Honey and Bee Products) Determination 2016 (section 1) amends the Biosecurity (Prohibited and Conditionally Non-prohibited Goods) Determination 2016 to introduce new conditions for the importation of specified honey and bee products into Western Australia. This amendment is made under section 174 of the Biosecurity Act 2015 (section 3). Specifically, subsection 19(2) is added to the Goods Determination, which specifies that honey, honeycomb, propolis, and royal jelly must be accompanied by a certificate from the exporting country's government, in a form approved by the Director of Biosecurity, when entering or being unloaded in Western Australia. This requirement is in addition to the existing alternative conditions specified in subsection 19(1). These new conditions aim to mitigate the biosecurity risk of European foulbrood, a bee infection, entering Western Australia through imported honey and bee products. The obligations imposed by this determination include ensuring that specified honey and bee products entering or being unloaded in Western Australia are accompanied by an appropriate certificate. Importers must ensure that the certificates meet the format approved by the Director of Biosecurity. This requirement applies regardless of the volume of import or the size of the business, as the biosecurity risk is inherent in the products. The certificates must be issued by the government of the exporting country, which will help verify the products' compliance with biosecurity standards. Failure to comply with the requirements of this determination can result in legal consequences. Although specific penalties are not detailed in the explanatory statement, breaches of biosecurity laws can generally lead to penalties under the Biosecurity Act 2015, which may include fines and imprisonment. For instance, unauthorised entry or unloading of goods can attract penalties, and non-compliance with certificate requirements can result in similar sanctions. These measures are intended to enforce the biosecurity regulations and protect Western Australia's apiaries and honey export market from the potential threat of European foulbrood.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.