List of Specimens taken to be Suitable for Live Import Amendment (Golden Hamster) Instrument 2021

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2021L01625 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

List of Specimens taken to be Suitable for Live Import Amendment
(Golden Hamster) Instrument 2021

Instrument under subparagraph 303EC(1)(a)(iv)

Issued under authority of the Minister for the Environment

Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), a live specimen is taken to be suitable for import if it is included in the List of Specimens Taken to be Suitable for Live Import (29/11/2001) (Live Import List).

The Live Import List was established under section 303EB of the EPBC Act and has two parts. Part 1 comprises a list of unregulated specimens exempt from the requirement for an import permit under the EPBC Act. Part 1 of the Live Import List must not contain a CITES specimen. Part 2 comprises a list of allowable regulated specimens that can be imported with a permit issued by the Minister, along with notation of any restrictions or conditions attached to the inclusion of a specimen.

Subsection 303EC(1) of the EPBC Act relevantly provides that the Minister may, by legislative instrument, amend the Live Import List by:

  • including items in a particular part of the list; 
  • deleting items from a particular part of the list;
  • imposing a restriction or condition to which the inclusion of a specimen in Part 2 of the list is subject;
  • varying or revoking a restriction or condition to which the inclusion of a specimen in Part 2 of the list is subject; or
  • correcting an inaccuracy or updating the name of a species.

Amendments to include an item can be made either on the initiative of the Minister, under section 303ED of the EPBC Act, or by application from a person made under section 303EE of the EPBC Act.

Subsection 303EC(3) of the EPBC Act provides that before amending the list referred to in section 303EB as mentioned in paragraph 303EC(1)(a), the Minister:

  • must consult each other Minister or Ministers as the Minister considers appropriate; and
  • must consult each other Minister or Ministers of each State and self-governing Territory as the Minister considers appropriate; and
  • may consult such other persons and organisations as the Minister considers appropriate.

The List of Specimens taken to be Suitable for Live Import Amendment (Golden Hamster) Instrument 2021 amends the Live Import List to vary the conditions for import for Mesocricetus auratus (Golden Hamster) in Part 2 by replacing them with the new conditions: Research only. High security facilities only.

This amendment to the list to change the conditions for Mesocricetus auratus was initiated by an application made to the Minister under section 303EE of the EPBC Act. An assessment of the potential impacts on the environment of the proposed amendments was reported to the Minister.

The Department of Agriculture, Water and the Environment (department) concluded that any risks of the species establishing a feral population and impacting on the environment could be adequately mitigated by limiting import of this species for research only in high security facilities, that is facilities which have been certified by the department for holding high risk vertebrate animals.  

Consultation concerning the amendment to Part 2 of the Live Import List was carried out, in accordance with subsection 303EC(3) of the EPBC Act. In this case, the department consulted with relevant Commonwealth, state and territory agencies for the environment, conservation and agriculture. One response was received, supportive of the amendment and providing a factual correction.

A risk assessment report was provided to the Minister, who considered the report before deciding to amend the list to vary the conditions for Mesocricetus auratus in Part 2 of the Live Import List.

This instrument is a legislative instrument for the purposes of the Legislation Act 2003. It commences the day after registration.


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Environment Protection and Biodiversity Conservation Act 1999

List of Specimens taken to be Suitable for Live Import Amendment
(Golden Hamster) Instrument 2021

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The purpose of this instrument is to amend Part 2 of the List of Specimens taken to be Suitable for Live Import (29/11/2001) to vary the conditions of import for Mesocricetus auratus (Golden Hamster) in accordance with subparagraph 303EC(1)(a)(iv) of the Environment Protection and Biodiversity Conservation Act 1999.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

The Hon Sussan Ley MP

Minister for the Environment

 

Overview

The List of Specimens taken to be Suitable for Live Import Amendment (Golden Hamster) Instrument 2021 is an amendment to the Environment Protection and Biodiversity Conservation Act 1999, introduced to address concerns regarding the potential environmental impacts of importing the Golden Hamster (Mesocricetus auratus). This amendment was enacted by the Minister for the Environment under the authority granted by the EPBC Act, aiming to ensure that any risks associated with the introduction of this species into Australia are adequately managed. The instrument modifies the conditions for importing Golden Hamsters by restricting their import to research purposes only in high-security facilities certified to handle high-risk vertebrate animals, thereby mitigating potential environmental risks. This amendment was made in response to an application under section 303EE of the EPBC Act and followed consultations with relevant government agencies and a risk assessment that supported the need for stricter import conditions.

Scope and Application

The List of Specimens taken to be Suitable for Live Import Amendment (Golden Hamster) Instrument 2021 amends the List of Specimens taken to be Suitable for Live Import under the Environment Protection and Biodiversity Conservation Act 1999. This instrument applies to the import of Mesocricetus auratus, commonly known as the Golden Hamster, within Australia. It specifically modifies the conditions for the import of this species by restricting it to research purposes only, and mandates that it must be housed in high-security facilities certified by the Department of Agriculture, Water and the Environment for holding high-risk vertebrate animals. This amendment is a response to concerns about the potential environmental impact should the species establish a feral population in Australia. The instrument extends across the Commonwealth, affecting all relevant entities involved in the import of live specimens under the EPBC Act. The amendment was made following consultation with relevant Commonwealth, state, and territory agencies and in response to an application under the EPBC Act. There are no exclusions or exemptions stated within the instrument itself, though any further application of the conditions may be subject to additional regulations or guidelines established by subordinate instruments or departmental policies.

Key Provisions

The primary sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) that pertain to this amendment are sections 303EB, 303EC, 303ED, and 303EE. These sections govern the establishment and amendment of the List of Specimens Taken to be Suitable for Live Import (Live Import List), which consists of Part 1 (unregulated specimens) and Part 2 (regulated specimens). Section 303EC allows the Minister to amend this list by adding or deleting items, imposing or varying conditions, or correcting inaccuracies. This particular amendment (F2021L01625) specifically modifies the conditions for the import of Mesocricetus auratus (Golden Hamster) in Part 2 of the list, restricting its import to research purposes in high security facilities only. The obligations and requirements imposed by this legislation on parties and entities primarily revolve around compliance with the amended conditions for the import of the Golden Hamster. Importers, researchers, and institutions involved in the import or research of this species must ensure that they adhere to the new conditions outlined in the amended list. This includes obtaining any necessary permits, maintaining high security facilities certified by the Department of Agriculture, Water and the Environment, and ensuring that the import and research activities are strictly for research purposes only. Failure to comply with these conditions could result in legal consequences, including the potential denial of import permits and penalties for non-compliance. The amendment also carries specific penalties and consequences for breaches. While the exact penalties are not detailed in the instrument, general provisions within the EPBC Act suggest that breaches could result in significant fines and, in severe cases, imprisonment. Additionally, the amendment may also lead to civil consequences such as the revocation of permits, closure of facilities, and other corrective actions deemed necessary by the Minister. The Department of Agriculture, Water and the Environment retains the authority to enforce compliance and take appropriate action against any entity found to be in breach of the amended conditions. In summary, the legislative instrument amends the conditions for the import of the Golden Hamster under the EPBC Act to restrict it to research purposes in high security facilities, thereby mitigating potential environmental risks. Parties involved in the import and research of this species must comply with these conditions to avoid legal and civil consequences, which may include fines, imprisonment, and permit revocation. The amendment was made following a thorough assessment and consultation process, ensuring that the new conditions are both scientifically sound and legally compliant.

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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.