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BIOSECURITY ACT 2015 - SECT 173 Prohibited goods

BIOSECURITY ACT 2015 - SECT 173

Prohibited goods

  (1)   The Director of Biosecurity and the Director of Human Biosecurity may jointly determine that specified goods, or a specified class of goods, must not be brought or imported into Australian territory.

  (2)   Goods specified in a determination in force under subsection   (1), or goods included in a class of goods specified in a determination in force under that subsection, are prohibited goods .

  (3)   The Director of Biosecurity and the Director of Human Biosecurity may make a determination under subsection   (1) in relation to specified goods, or a specified class of goods, only if each Director is satisfied that:

  (a)   the level of biosecurity risk associated with the goods, or the class of goods, is unacceptable; and

  (b)   biosecurity measures would not be able to be taken to reduce that level of biosecurity risk to an acceptable level.

  (4)   Before a determination under subsection   (1) is made:

  (a)   a risk assessment must be conducted by a biosecurity worker in relation to the making of that determination; and

  (b)   the Director of Biosecurity:

  (i)   must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment; and

  (ii)   must consider the risk assessment; and

  (iii)   may also consider any other matters that the Director considers relevant; and

  (c)   the Director of Human Biosecurity:

  (i)   must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment; and

  (ii)   must consider the risk assessment; and

  (iii)   may also consider any other matters that the Director considers relevant.

  (5)   A determination under subsection   (1) is a legislative instrument, but section   42 (disallowance) of the Legislation Act 2003 does not apply to the determination.

Note 1:   For variation and revocation of a determination made under subsection   (1), see subsection   33(3) of the Acts Interpretation Act 1901 .

Note 2:   Division   5 sets out offences and civil penalty provisions relating to bringing or importing prohibited goods into Australian territory.

Note 3:   Prohibited goods that are brought or imported into Australian territory may be forfeited to the Commonwealth (see section   628).