Imported Food Control Amendment Order 2010 (No. 1)

Administered by Department of Agriculture

Legislation au F2010L00386 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Agriculture, Fisheries and Forestry

 

Imported Food Control Act 1992

 

Imported Food Control Amendment Order 2010 (No. 1)

 

Section 43 of the Imported Food Control Act 1992 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted to be prescribed by the Act, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Subsection 16(1) of the Act provides that regulations may set out particulars of a food inspection scheme applicable to all food to which the Act applies. 

 

Paragraph 16(2)(a) of the Act provides that the regulations may empower the Minister, subject to consultation with Food Standards Australia New Zealand (FSANZ), to make orders identifying food of particular kinds as food of a kind that is to be inspected, or inspected and analysed, under the food inspection scheme
(the scheme).

 

Regulation 7 of the Imported Food Control Regulations 1993 (the Regulations) provides that the Minister may make orders identifying food of a particular kind as food of a kind that is required to be inspected, or inspected and analysed, under the scheme. The Minister may also vary orders made under regulation 7 from time to time. Regulation 8 permits the Minister to make orders classifying food of a particular kind to which the Act applies as either risk food, surveillance food or compliance agreement food. The Imported Food Control Order 2001 (the Order) is made under regulations 7 and 8.

 

The purpose of the Imported Food Control Amendment Order 2010 (No. 1)
(the Amendment Order) is to make consequential amendments that reflect amendments made to the Regulations by the Imported Food Control Amendment Regulations 2009 (No. 2).

 

The amendments to the Regulations related to the use of compliance agreements under section 35A of the Act and gave effect to recommendation 47 of the report by Mr Roger Beale AO: One Biosecurity: A Working Partnership (2008)
(the Beale Report).

 

Recommendation 47 of the Beale Report recommended that the Australian Quarantine and Inspection Service (AQIS) should enter into compliance agreements to recognise formally the food safety management systems of importing businesses. The Beale Report is the outcome of an independent review of Australia’s quarantine and biosecurity arrangements. The review was commissioned by the Australian Government in early 2008. The purpose of the review was to identify how Australia’s quarantine and biosecurity arrangements could be improved.

 

The amendments to the Regulations introduced a new classification entitled ‘compliance agreement food’. Food classified as compliance agreement food will be subject to an alternative mode of regulation under the scheme. Food will only be classified as compliance agreement food if it is food to which a valid compliance agreement applies. Compliance agreement food will not be required to be inspected, or inspected and analysed, under the scheme. Instead, the food safety management systems of importing businesses will be formally recognised through compliance agreements and will be regularly audited by AQIS.

 

The Amendment Order will classify all food that is subject to a compliance agreement as compliance agreement food. It will provide that food listed as risk food under clause 1 of Schedule 1 to the Order, which is subject to a valid compliance agreement, will not be required to be inspected, or inspected and analysed, under the scheme.

 

The Minister has consulted with FSANZ about the changes contained in the Amendment Order. 

 

AQIS consulted with industry through the Imported Food Consultative Committee (IFCC). Consultation also occurred with the AQIS / Industry Cargo Consultative Committee.

 

The Office of Best Practice Regulation was consulted and a Regulatory Impact Statement was prepared.

 

The Amendment Order is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Details of the amendments are set out below:

 

Order 1 provides that the name of the Amendment Order is the Imported Food Control Amendment Order 2010 (No. 1).

 

Order 2 provides that the Imported Food Control Amendment Order 2010 (No. 1) will commence on the day after it is registered.

 

Order 3 provides that Schedule 1 amends the Imported Food Control Order 2001.

 

Schedule 1 - Amendments

 

Item [1] amends the definition of ‘ready-to-eat’ in suborder 3(1) by omitting the word ‘subsection’ and inserting the word ‘suborder’. This corrects a typographical error.

 

Item [2] amends suborder 4(1) by inserting new suborders 4(2) and 4(2A). The effect of suborder 4(2) is to classify all food to which a compliance agreement applies as compliance agreement food. The new suborder 4(2A) will ensure that food classified as risk food that is listed in clause 1 of Schedule 1, which is subject to a valid compliance agreement, will be classified and treated as compliance agreement food under the scheme.

 

Food that is classified as compliance agreement food will not be subject to inspection or analysis under the scheme. This is because AQIS will regulate food imported under a valid compliance agreement through regular audits of the importing business’s food safety management system and compliance with the compliance agreement.

 

Formally recognising the food safety management systems of importing businesses also allows AQIS to implement a risk-return approach to managing biosecurity risks, in line with recommendations 44 and 77 of the Beale Report.

 

Item [3] amends the heading to schedule 1 by substituting the reference to ‘(subsection 4(1))’ with ‘(suborder 4(1))’. This corrects a typographical error.

 

Item [4] amends clause 1 in schedule 1 by omitting the word ‘subsection’ and inserting the word ‘suborder’. This corrects a typographical error.

Overview

The Imported Food Control Amendment Order 2010 (No. 1) was introduced to address the gaps and issues identified in the Imported Food Control Act 1992, specifically in relation to the regulation of imported food through compliance agreements. Enacted by the Australian Government, this amendment was intended to implement the recommendations from the Beale Report, which aimed to enhance Australia’s quarantine and biosecurity arrangements. The primary policy objective was to recognise the food safety management systems of importing businesses formally, allowing for a more efficient and risk-based approach to biosecurity. This was achieved by classifying food subject to valid compliance agreements as 'compliance agreement food', which would then be subject to regular audits rather than mandatory inspection and analysis under the food inspection scheme. The Minister for Agriculture, Fisheries and Forestry, in consultation with Food Standards Australia New Zealand and other stakeholders, facilitated the legislative changes to ensure the effective management of biosecurity risks while promoting efficient trade practices.

Scope and Application

The Imported Food Control Amendment Order 2010 (No. 1) is an instrument made under the Imported Food Control Act 1992, which governs the importation of food into Australia. This legislative amendment applies to all imported food that is subject to a compliance agreement between the Australian Government, through the Australian Quarantine and Inspection Service (AQIS), and the importing businesses. Such agreements recognise the food safety management systems of these businesses, allowing for a risk-based approach to biosecurity risk management, in line with the recommendations of the Beale Report. The Amendment Order provides for the classification of food under these compliance agreements as ‘compliance agreement food’, which is subject to regular audits instead of direct inspection or analysis. This approach is designed to streamline the regulatory process while maintaining food safety standards. The Amendment Order also includes technical corrections to previous regulations to ensure the accurate application of the food inspection scheme. It is applicable across Australia, extending the existing framework to incorporate the new compliance agreement classification. The scope of the Amendment Order is national, applying to all imported food subject to the Imported Food Control Act 1992, which includes food entering any state or territory in Australia. The Order does not introduce new exclusions or exemptions but modifies the classification and regulatory approach for food subject to compliance agreements. The application of the Order is further detailed and managed through subordinate instruments such as the Imported Food Control Regulations 1993 and the Imported Food Control Order 2001. These regulations allow for the classification of food and the setting of inspection requirements, which are subject to amendment by the Minister, in consultation with relevant stakeholders such as Food Standards Australia New Zealand and industry bodies.

Key Provisions

The Imported Food Control Amendment Order 2010 (No. 1) introduces significant changes to the Imported Food Control Order 2001, primarily focused on the introduction of compliance agreement food and its classification under the food inspection scheme. According to the Amendment Order, any food to which a valid compliance agreement applies is classified as compliance agreement food (Order 3, Schedule 1, Item 2). This means that such food will not be subject to mandatory inspection or analysis under the scheme, as the Australian Quarantine and Inspection Service (AQIS) will instead conduct regular audits of the importing businesses' food safety management systems and ensure compliance with the agreement (Order 3, Schedule 1, Item 2). Moreover, the Amendment Order ensures that food classified as risk food, listed in clause 1 of Schedule 1, which is subject to a valid compliance agreement, will also be treated as compliance agreement food (Order 3, Schedule 1, Item 2A). The Amendment Order imposes specific obligations on parties and entities governed by the Imported Food Control Act 1992. Importing businesses must enter into compliance agreements with AQIS, which will recognise their food safety management systems and allow AQIS to manage biosecurity risks through a risk-return approach (Order 3, Schedule 1, Item 2). Additionally, these businesses must ensure compliance with the terms of their respective compliance agreements, including regular audits by AQIS (Order 3, Schedule 1, Item 2). The Minister, in turn, must consult with Food Standards Australia New Zealand (FSANZ) when making orders under the Act, and AQIS must consult with industry through the Imported Food Consultative Committee and the AQIS / Industry Cargo Consultative Committee (Explanatory Statement). Breaches of the Imported Food Control Act 1992 and the Imported Food Control Order 2001, including non-compliance with compliance agreements, may result in civil or criminal penalties. While the Amendment Order itself does not specify penalties, the Act provides for fines and imprisonment for breaches of regulations and orders. For example, section 25 of the Act imposes a penalty of up to $12,600 for individuals and $63,000 for bodies corporate for contravening the Act or regulations made under the Act. Furthermore, section 26A imposes a penalty of up to five years imprisonment for serious breaches of the Act, such as knowingly importing food that does not comply with food standards.

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Food Safety Law
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Order
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Definitions & Interpretation
Regulatory Standards
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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.