Several new biosecurity instruments entered into force earlier this week. They replace the corresponding 2016 instruments which have now been repealed following a scheduled sunset.
“The changes reflected in the new instruments ensure the legislative framework remains fit for purpose and continues to support the effective administration of Australia’s biosecurity system,” the Department of Agriculture, Fisheries, and Forestry said in a statement.
You can access the new regulations here:
These regulations make rules for the provision of notices that must be given in relation to goods that are to be landed in Australia, the release of goods from biosecurity control, import risk analyses, pre-arrival reporting for conveyances (aircraft and ships), first points of entry, managing of biosecurity risks – controls and responses; and approved arrangements, among other things.
Biosecurity (Movements between Parts of Australian Territory) Declaration 2026
Applies certain parts of the Biosecurity Act to goods and conveyances that move between different parts of Australia.
Biosecurity (Exposed Conveyances Exempt from Biosecurity Control) Determination 2026
This instrument specifies circumstances in which section 192 of the Act does not apply in relation to a conveyance. Section 192 applies to conveyances exposed to other conveyances that are subject to biosecurity control. An exposed conveyance becomes subject to biosecurity control. Ok, so the meaning of this one doesn’t exactly leap off the page. Imagine something like a yacht sailing out of Australia and meeting some other vessel at sea. Because pests, especially insect pests, can hop, skip, jump and fly, it is possible that the yacht could become infested by a pest. Accordingly, the yacht would then become subject to biosecurity control. The Exposed Conveyances determination sets out the circumstances in which the exposed vessel (the yacht in our example) would not become subject to biosecurity control.
Those circumstances include:
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- no contamination, infestation or infection is, or was, transferred
- no pests are, or were, transferred from the second conveyance to the exposed conveyance
- no person on board the exposed conveyance is, or was, exposed to an animal or a plant that was infected with, or died from, a disease
- there are no human remains on board
- no person on board has the signs or symptoms of a listed human disease
There are a variety of other factors that can be taken into account.
Biosecurity (Reportable Biosecurity Incidents) Determination 2026
This determination sets out what a reportable biosecurity incident actually is, what has to be reported, and to whom. For example, an incident may be reportable where goods have been, or are likely to have been, exposed to infection from prohibited goods.
