Quarantine Amendment Proclamation 1999 (No. 3)

Administered by Department of Agriculture

Legislation au F1999B00318 Not in force Legislative Instrument

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Quarantine Amendment Proclamation 1999 (No. 3)

Quarantine Act 1908

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make this Proclamation under sections 5, 12, 13 and 14 of the Quarantine Act 1908.

Signed and sealed with the

Great Seal of Australia
on 8 December 1999
 

WILLIAM DEANE
Governor-General

By His Excellency’s Command,

warren truss

Minister for Agriculture, Fisheries and Forestry

Quarantine Amendment Proclamation 1999 (No. 3)

made under the

Quarantine Act 1908

 

 

 

Contents

 Page

 1 Name of Proclamation 

 2 Commencement 

 3 Amendment of Quarantine Proclamation 1998

Schedule 1 Amendments 

 

 

Do not delete : Part placeholder

Do not delete : Division placeholder

1 Name of Proclamation

  This Proclamation is the Quarantine Amendment Proclamation 1999 (No. 3).

2 Commencement

  This Proclamation commences on gazettal.

3 Amendment of Quarantine Proclamation 1998

  Schedule 1 amends the Quarantine Proclamation 1998.

Schedule 1 Amendments

Do not delete : Schedule Part placeholder

(section 3)

[1] Section 3, before definition of Director of Quarantine

insert

consumer ready product means a processed product for which the risk that importation would lead to the introduction, establishment or spread of a disease or pest is acceptably low.

[2] Section 22

omit

described

insert

mentioned

[3] Subsection 28 (1), at the foot

insert

Note   For the meaning of prohibited biological material, see the definition of that term in s 27 and table 11.

[4] Paragraph 28 (2) (a)

omit

38;

insert

29, 38, 39, 40, 41, 42, 43, 44 or 46;

[5] Paragraph 28 (2) (d)

omit

ambergris).

insert

ambergris); or

[6] After paragraph 28 (2) (d)

insert

 (e) an article that:

 (i) in its normal use, is generally meant for human therapeutic use; and

 (ii) is imported by post into Australia by a person who intends to use it for their own personal therapeutic use; and

 (iii) if imported, would not result in the quantity of the article imported (by post or otherwise) by the person during any 3 month period exceeding the quantity of 3 months’ supply for that use; and

 (iv) is in a form that indicates it has been processed to prevent it being infected or contaminated by a quarantinable disease; and

 (v) is not prohibited from being imported under Part 7.

[7] Subsection 30 (1), note

substitute

Note   For the meaning of prohibited biological material, see the definition of that term in s 27 and table 11.

[8] Paragraph 30 (2) (a)

omit

38;

insert

31, 48, 49, 50, 51, 52, 53 or 54;

[9] Paragraph 30 (2) (d)

omit

ambergris).

insert

ambergris); or

[10] After paragraph 30 (2) (d)

insert

 (e) an article that:

 (i) in its normal use, is generally meant for human therapeutic use; and

 (ii) is imported by post into the Cocos Islands by a person who intends to use it for their own personal therapeutic use; and

 (iii) if imported, would not result in the quantity of the article imported (by post or otherwise) by the person during any 3 month period exceeding the quantity of 3 months’ supply for that use; and

 (iv) is in a form that indicates it has been processed to prevent it being infected or contaminated by a quarantinable disease; and

 (v) is not prohibited from being imported under Part 7.

[11] Section 33

substitute

33 Importation of articles likely to introduce pests or diseases

 (1) The importation into Australia of an article likely to introduce a pest or disease is prohibited.

 (2) However, subsection (1) is not taken to prohibit the importation of a teleost fish product if importation of the product is permitted under section 38 and item 25C of table 13.

 (3) Also, subsection (1) is not taken to prohibit the importation by a person of an article if a Director of Quarantine has granted the person a permit to import the article into Australia.

Note 1   For what a Director of Quarantine must consider when deciding whether to grant such a permit, see Part 8.

Note 2   For the meaning of article likely to introduce a pest or disease, see table 12.

[12] Section 34

substitute

34 Importation of articles likely to introduce pests or diseases

 (1) The importation into the Cocos Islands of an article likely to introduce a pest or disease is prohibited.

 (2) However, subsection (1) is not taken to prohibit the importation of a teleost fish product if importation of the product is permitted under section 48 and item 25C of table 13.

 (3) Also, subsection (1) is not taken to prohibit the importation by a person of an article if a Director of Quarantine has granted the person a permit to import the article into the Cocos Islands.

Note 1   For what a Director of Quarantine must consider when deciding whether to grant such a permit, see Pt 8.

Note 2   For the meaning of article likely to introduce a pest or disease, see table 12.

[13] Subsection 38 (3C)

omit

[14] Table 13, item 25C

substitute

25C Teleost fish product, other than a product of fish of the family Salmonidae or Plecoglossidae, if the product is:

 (a) wholly or partly of teleost origin; and

 (b) a consumer ready product

Note 1   For the importation of fish and particular products of fish of the family Salmonidae or Plecoglossidae, see s 43 and 53.

Note 2   Consumer ready product is defined in s 3.

Note 3   The following are examples of consumer ready products of teleost fish:

 (a) cutlets, including the central bone and external skin but excluding fins, each cutlet weighing no more than 450 grams;

 (b) skinless fillets, excluding the belly flap and all bones except the pin bones;

 (c) skin-on fillets, excluding the belly flap and all bones except the pin bones, each fillet weighing no more than 450 grams;

 (d) eviscerated, headless, ‘pan-size’ fish, each fish weighing no more than 450 grams;

 (e) a product that is processed further than a stage described in para (a) to (d).

[15] After subsection 38 (5)

insert

 (5A) Also, subsection (1) is not taken to prohibit the importation into Australia of a teleost fish product, other than a product of fish of the family Salmonidae or Plecoglossidae, that:

 (a) is wholly or partly of teleost origin; and

 (b) is accompanied into Australia by the person importing it; and

 (c) is imported in an amount up to 5 kilograms; and

 (d) is eviscerated or processed further than evisceration.

[16] Paragraph 43 (3) (b)

substitute

 (b) a consumer ready product (except roe or caviar) of fish of those families:

 (i) commercially prepared and packaged; and

 (ii) if it is accompanied into Australia by the person importing it — in an amount up to 5 kilograms; and

 (iii) if it is not accompanied into Australia by the person importing it — in an amount up to 450 grams; or

[17] Subsection 43 (3), at the foot

insert

Note 1   Consumer ready product is defined in s 3.

Note 2   The following are examples of consumer ready products of fish of the family Salmonidae and Plecoglossidae:

 (a) cutlets, including the central bone and external skin but excluding fins, each cutlet weighing no more than 450 grams;

 (b) skinless fillets, excluding the belly flap and all bones except the pin bones;

 (c) skin-on fillets, excluding the belly flap and all bones except the pin bones, each fillet weighing no more than 450 grams;

 (d) eviscerated, headless, ‘pan-size’ fish, each fish weighing at least 200 grams but not more than 450 grams;

 (e) a product that is processed further than a stage described in para (a) to (d).

[18] Section 44, note

substitute

Note 1   For what a Director of Quarantine must consider when deciding whether to grant such a permit, see Pt 8.

Note 2   Section number 45 intentionally not used.

[19] After subsection 48 (4)

insert

 (4A) Also, subsection (1) is not taken to prohibit the importation into the Cocos Islands of a teleost fish product, other than a product of fish of the family Salmonidae or Plecoglossidae, that:

 (a) is wholly or partly of teleost origin; and

 (b) is accompanied into the Cocos Islands by the person importing it; and

 (c) is imported in an amount up to 5 kilograms; and

 (d) is eviscerated or processed further than evisceration.

[20] Paragraph 53 (3) (b)

substitute

 (b) a consumer ready product (except roe or caviar) of fish of those families:

 (i) commercially prepared and packaged; and

 (ii) if it is accompanied into the Cocos Islands by the person importing it — in an amount up to 5 kilograms; and

 (iii) if it is not accompanied into the Cocos Islands by the person importing it — in an amount up to 450 grams; or

[21] Subsection 53 (3), at the foot

insert

Note 1   Consumer ready product is defined in s 3.

Note 2   The following are examples of consumer ready products of fish of the family Salmonidae and Plecoglossidae:

 (a) cutlets, including the central bone and external skin but excluding fins, each cutlet weighing no more than 450 grams;

 (b) skinless fillets, excluding the belly flap and all bones except the pin bones;

 (c) skin-on fillets, excluding the belly flap and all bones except the pin bones, each fillet weighing no more than 450 grams;

 (d) eviscerated, headless, ‘pan-size’ fish, each fish weighing at least 200 grams but not more than 450 grams;

 (e) a product that is processed further than a stage described in para (a) to (d).

[22] Section 57, definition of plant product, paragraph (a)

omit

; or

insert

; and

[23] Section 62

substitute

62 Importation of living plants

 (1) The importation into Australia of a living plant is prohibited.

 (2) However, subsection (1) is not taken to prohibit the importation of Orchidaceae tissue culture that:

 (a) is accompanied into Australia by the person importing it; and

 (b) is growing in an aseptic non-animal based medium in a closed rigid container that is transparent enough for its contents to be clearly seen; and

 (c) is well-established in that medium and container.

 (3) Also, subsection (1) is not taken to prohibit the importation by a person of a living plant if a Director of Quarantine has granted the person a permit to import it into Australia.

Note   For what a Director of Quarantine must consider when deciding whether to grant such a permit, see Pt 8.

[24] Subsection 66 (1)

omit

is prohibited of the following:

insert

of the following is prohibited:

[25] After subsection 66 (1)

insert

 (1A) However, subsection (1) is not taken to prohibit the importation of Orchidaceae tissue culture that:

 (a) is accompanied into the Cocos Islands by the person importing it; and

 (b) is growing in an aseptic non-animal based medium in a closed rigid container that is transparent enough for its contents to be clearly seen; and

 (c) is well-established in that medium and container.

[26] Subsection 66 (2)

omit

However,

insert

Also,

[27] Schedule 2

substitute

Schedule 2 Proclaimed places

(section 22)

Angola

Benin

Bolivia

Brazil

Burkina Faso

Cameroon

Colombia

Democratic Republic of the Congo

Ecuador

French Guiana

Gabon

Gambia

Ghana

Guinea

Liberia

Nigeria

Peru

Sierra Leone

Sudan

Venezuela

 

Overview

The Quarantine Amendment Proclamation 1999 (No. 3) was enacted to amend the Quarantine Act 1908, addressing the need for more specific regulations regarding the importation of goods that may pose a risk of introducing pests or diseases into Australia. The Proclamation was made by the Governor-General of the Commonwealth of Australia, William Patrick Deane, acting on the advice of the Federal Executive Council and under the authority granted by the Quarantine Act 1908. This amendment introduces new definitions, modifies existing provisions, and updates lists to reflect changes in the regulatory environment, aiming to balance the need for stringent biosecurity measures with facilitating legitimate trade and personal imports. The policy objective is to enhance Australia's biosecurity measures to prevent the introduction and spread of pests and diseases, while also allowing for the controlled importation of certain goods that pose a low risk, such as consumer-ready products and personal therapeutic use items.

Scope and Application

The Quarantine Amendment Proclamation 1999 (No. 3) is a legislative instrument made under the Quarantine Act 1908. This amendment modifies the Quarantine Proclamation 1998, impacting the importation of certain articles into Australia and the Cocos Islands. The Proclamation applies to all individuals and entities seeking to import articles into these jurisdictions. Its scope includes the definition of terms such as "consumer ready product," which refers to processed products with a low risk of introducing diseases or pests, and amendments to provisions governing the importation of articles likely to introduce pests or diseases. The Proclamation also specifies exceptions for certain teleost fish products and human therapeutic articles imported for personal use, provided they meet specific conditions. It extends to the entire Commonwealth of Australia and the Cocos Islands, with certain provisions explicitly mentioning the Cocos Islands. The legislation includes exclusions and exemptions, such as allowing certain quantities of teleost fish products and Orchidaceae tissue culture under specific conditions. The application of this Act may be further extended or restricted through subordinate instruments, such as regulations or further proclamations.

Key Provisions

The main operative sections of the Quarantine Amendment Proclamation 1999 (No. 3) include the amendments to the Quarantine Proclamation 1998, which involve defining new terms such as "consumer ready product" (section 3), modifying existing sections (sections 22, 28, 30, 33, 34, 38, 43, 44, 48, 53, 57, and 62), and adjusting table 13 (item 25C) to clarify certain importation conditions for teleost fish products. These amendments aim to refine the criteria for permissible imports to reduce the risk of introducing pests or diseases into Australia and the Cocos Islands. The obligations imposed by the amended Quarantine Proclamation include stricter definitions and conditions for the importation of various articles, particularly concerning consumer ready products and therapeutic articles. Importers must ensure that any articles they wish to bring into Australia or the Cocos Islands meet the specified criteria to avoid contravening the importation prohibitions. For example, any teleost fish products must be processed and packaged in a manner that minimises the risk of disease or pest introduction, and living plants must be imported under specific conditions, such as being accompanied by the importer and contained in a transparent, aseptic medium. Failure to comply with the amended provisions may result in criminal or civil penalties. For instance, importing articles that are likely to introduce pests or diseases without the necessary permit from a Director of Quarantine can result in significant fines and potential imprisonment. The specific penalties for breaches are not detailed in the Proclamation itself but would be determined under the broader provisions of the Quarantine Act 1908 and associated regulations. The severity of the penalties would depend on the nature and extent of the breach, with potential outcomes including substantial fines and imprisonment terms as outlined in the primary legislation.

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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.