EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry
Quarantine Act 1908
Quarantine Amendment Proclamation 2011 (No. 2)
Legislative Authority
Section 13 of the Quarantine Act 1908 (the Act) provides that the Governor-General may, by proclamation, declare or prohibit a range of matters for the purposes of the Act. These matters include prohibiting the introduction or importation into Australia of any disease or pest or any substance. Matters also include prohibiting the importation of any animals or plants, or parts of animals or plants; any articles or things containing or likely to contain any disease or pest; and any articles or things that are likely, in the Governor-General’s opinion, to introduce, establish or spread any disease or pest.
Subsection 13(2) of the Act provides that the power of prohibition extends to authorise prohibition generally, or as otherwise provided by the instrument authorising the prohibition, including prohibition either absolutely or subject to specified conditions or restrictions. Subsection 13(2A) of the Act provides that a proclamation made under subsection 13(1) of the Act may provide that the importation of a thing is prohibited unless a permit for its import is granted by a Director of Quarantine.
Background
The Quarantine Proclamation 1998 (the Quarantine Proclamation) provides the legislative basis for controlling the entry of animals, plants and other goods of quarantine concern into Australia, and for controlling the movement of animals, plants or other goods of quarantine interest between different parts of the Australian mainland.
Part 6 of the Quarantine Proclamation deals with animal quarantine. Division 2 of Part 6 of the Quarantine Proclamation provides that the importation into Australia of animals, animal parts and animal products is prohibited without an import permit unless specified otherwise.
Subsection 38(1) of the Quarantine Proclamation provides that the importation into Australia of dead animals or animal parts (except an animal or part to which subsection (2) applies) is prohibited unless a Director of Quarantine has granted permission for its importation. Subsection 38(2) of the Quarantine Proclamation applies to the animals or animal parts as listed, which includes an animal or part that is mentioned in an item in table 13 and complies with any restriction or conditions set out in the item.
Subsection 40(1) of the Quarantine Proclamation provides that the importation into Australia of a dairy product (except a dairy product to which subsection (2) applies), whether for human consumption or not, is prohibited unless a Director of Quarantine has granted a permit to import the dairy product into Australia. Subsection 40(2) of the Quarantine Proclamation provides a list of dairy products which do not require an import permit, provided they are not intended to be used for stockfood.
Subsection 41(1) of the Quarantine Proclamation provides that certain eggs and egg products, whether for human consumption or not (except goods or things to which subsection (2) applies) is prohibited unless a Director of Quarantine has granted a permit to import the goods or thing into Australia. Subsection 41(1A) of the Quarantine Proclamation deals specifically with discernible pieces of egg and subsection 41(2) provides a list of goods that do not require an import permit provided they are not intended to be used for stockfood.
Purpose and Impact
The Quarantine Amendment Proclamation 2011 (No. 2) (Amendment Proclamation) allows low risk, high volume items containing ingredients of animal origin that are commercially prepared and packaged and intended for the personal use of the importer, to be imported into Australia without requiring an import permit. The Amendment Proclamation lessens the current administrative burden in managing interactions with passengers and senders of mail, detained goods and complaint handling in relation to low risk, high volume items which currently require inspection and seizure or treatment.
The Amendment Proclamation amends section 35 of the Quarantine Proclamation to include two new definitions, and section 38 Table 13, subsection 40(2) and section 41 to remove the import permit requirements for specified items containing animal products and inserts a new Division 3 to remove the requirement of an import permit for the importation into Australia of products of Australian origin. These amendments reflect recent risk assessments conducted by Animal Biosecurity and the Biological Imports Programs of the Department of Agriculture, Fisheries and Forestry.
Consultation
The Office of Best Practice Regulation determined that the Amendment Proclamation would have a low impact on business and would impose no or low compliance costs. Therefore, no consultation was required for the proposal.
Operation
Details of the Amendment Proclamation are set out below.
Section 1 provides that the name of the Amendment Proclamation is the Quarantine Amendment Proclamation 2011 (No. 2).
Section 2 provides that the Amendment Proclamation commences on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 provides that Schedule 1 amends the Quarantine Proclamation 1998.
Schedule 1 - Amendments
Item 1 amends section 35 to make a technical amendment to the definition part allowing the part to be broken into subsections. Item 2 inserts two additional subsections into section 35.
Item 2 inserts new subsections 35(2) and 35(3) to provide definitions of instant use and shelf stable.
New subsection 35(2) provides that a product is for instant use if the product has been commercially manufactured; packaged by the manufacturer as a single serving; is in that package; the package has not been opened or broken; the package includes all of the elements necessary to be consumed as intended by the manufacturer and it requires very little treatment or preparation in order to be used as intended by the manufacturer. This definition covers products that require minimal preparation for example adding water, heating or boiling in order to be ready for consumption. For example instant noodles and three in one coffee mixes, which are ready for consumption after the addition of hot water.
New subsection 35(3) provides that a product is shelf stable if it has been commercially manufactured; packaged by the manufacturer; is in that package; the package has not been opened or broken and is able to be stored in the package at room or ambient temperature and does not require refrigeration or freezing before the package is open. This definition covers products which remain in their original undamaged packaging which do not require any form of temperature control prior to opening. Examples of shelf stable products include noodles and pasta made from egg and pork rinds or pork crackling.
Item 3 inserts a new item 4A into table 13 of section 38 to include a listing in the ‘Animal and animal parts’ section of the table to include animals and animal tissues (including fish) if completely embedded in resin and imported only for the purposes of display. This means that animal and animal tissues (including fish) can be imported into Australia without an import permit provided they have been embedded in resin and are imported for display purposes only.
Item 4 inserts new items 35, 36 and 37 into table 13 of section 38 to include new listings in the ‘Meat and meat products’ section of the table.
New item 35 adds a listing for meat and meat products that are included in noodles as an additional ingredient or as flavouring that is derived from any kind of meat; the noodles are for instant use and are shelf stable; and the noodles are for the personal consumption of the person wishing to import them.
New item 36 adds a listing for meat and meat products that are included in pasta as an additional ingredient or as flavouring that is derived from any kind of meat; the pasta is for instant use and are shelf stable; and the pasta is for the personal consumption of the person wishing to import them.
New item 37 adds a listing for pork crackling or pork rind that is shelf stable and for the personal consumption of the person wishing to import it.
This item means that meat and meat products which meet with the conditions set out in new items 35, 36 and 37 can be imported into Australia without an import permit.
Item 5 inserts a new paragraph 40(2)(j) to include a dairy based powdered beverage that includes coffee or flavouring as an ingredient; is presented for instant use; is shelf stable and is for the personal consumption of the person wishing to import it as a dairy product. This means that products covered by paragraph 40(2)(j) provided they are not intended to be used for stockfood can be imported into Australia without an import permit.
Dairy products to which new paragraph 40(2)(j) may apply include three in one coffee mixtures and hot chocolate mixtures which are packaged in single serve packages and which may include coffee or chocolate, milk powder and sugar as their base and are consumed as intended by the manufacturer.
Item 6 repeals previous section 41 and substitutes a new section 41. This item restructures section 41 providing clearer guidance to the reader as to when an import permit is required for eggs; egg products; goods, including mooncakes, that include egg or an egg product among their ingredients; and goods or things whether for human consumption or not, containing discernible pieces of egg.
New subsection 41(1) does not impose additional requirements upon importers, it brings together previous subsections 41(1) and 41(1A).
New subsection 41(2) provides that an import permit is not required for goods mentioned in the table. Items 1 and 2 are a reflection of the exemptions provided by previous paragraphs 41(2)(a) and (c).
Item 3 of the table to new subsection 41(2) provides that an import permit is not required for noodles that include egg or an egg product in the ingredients; are shelf stable; and are for the personal consumption of the person wishing to import them. This item applies for example to shelf stable packets of plain egg noodles which do not include any additional flavouring or ingredients.
Item 4 of the table to new subsection 41(2) provides that an import permit is not required for noodles that are for instant use; are shelf stable and are for the personal consumption of the person wishing to import them; and contain discernible pieces of egg. This item applies for example to instant use, single serve packets of plain noodles which also include flavourings and other ingredients which include pieces of egg.
Item 5 of the table to new subsection 41(2) provides that an import permit is not required for pasta that includes egg or an egg product in the ingredients; are shelf stable; and are for the personal consumption of the person wishing to import them. This item applies for example to shelf stable packets of plain egg pasta which do not include any additional flavouring or ingredients.
Item 6 of the table to new subsection 41(2) provides that an import permit is not required for pasta that is for instant use; are shelf stable and are for the personal consumption of the person wishing to import them; and contain discernible pieces of egg. This item applies for example to instant use, single serve packets of plain pasta which also includes flavourings and other ingredients which include pieces of egg.
Item 7 inserts a new Division 3 to Part 6 to deal with the importation of products of Australian origin. New section 47 provides that the importation of commercially manufactured animal products of Australian origin which fall within subsection 47(1) are under subsection 47(2) excluded from requiring an import permit despite the requirements of Divisions 1 and 2 of the Quarantine Proclamation.
New subsection 47(1) applies to an animal product that originated in Australia; is intended for human consumption; has been commercially manufactured; has been packaged in Australia by the manufacturer in a package that clearly identifies the food as originating in Australia; is in that package; the package has not been opened or broken and is for the personal consumption for the person wishing to import it. This exemption applies where Australian travellers leave Australia with products commercially manufactured and packaged in Australia for example muesli bars and snack foods, do not consume them whilst overseas and want to bring them back into Australia. This exemption allows the products to be imported into Australia without an import permit rather than be surrendered and destroyed at the airport border upon return to Australia.