Can I be fined for bringing plants or animals into Australia?
In Plain English
Yes, you can be fined for bringing plants or animals into Australia if you don't follow the rules. The Biosecurity Act 2015 and related regulations like the Biosecurity (Conditionally Non-prohibited Goods) Determination 2021 outline what you can and can't bring in, and what you need to do to comply. Generally, you'll need a permit to import animals and plants.
Detailed Explanation
The Biosecurity Act 2015 aims to manage biosecurity risks associated with goods entering Australian territory. Several provisions within the Act and its associated determinations address the importation of animals and plants.
Offences related to prohibited or suspended goods:
- Section 97 of the Biosecurity Act 2015 states that it is an offence to have prohibited or suspended goods in your possession, with a penalty of 60 penalty units.
- However, subsection 97(2) provides exceptions, including if the goods were not brought or imported into Australian territory, or if they were not prohibited or suspended at the time of import, or if they are the progeny of legally imported goods.
Conditionally Non-prohibited Goods:
- The Biosecurity (Conditionally Non-prohibited Goods) Determination 2021 specifies conditions under which certain goods, including some animals and plants, can be brought into Australian territory.
- For example, section 43 of the Biosecurity (Conditionally Non-prohibited Goods) Determination 2021 outlines conditions for goods posing hitchhiker pest biosecurity risks. These goods must either be treated and certified, or contained in sealed shipping containers and treated upon arrival.
- Section 46 of the Biosecurity (Conditionally Non-prohibited Goods) Determination 2021 states that used beehives and used beekeeping equipment must be covered by an import permit.
- Section 47 of the Biosecurity (Conditionally Non-prohibited Goods) Determination 2021 states that equipment that has directly or indirectly come into contact with horses must be covered by an import permit, or have been treated with radiation or a disinfectant.
Import Permits:
- Many sections of the Biosecurity (Conditionally Non-prohibited Goods) Determination 2021 specify that goods must be covered by an import permit to be brought into Australian territory legally.
Notices for Animals:
- Sections 12 and 13 of the Biosecurity Regulation 2016 outline requirements for providing notice of certain animals and eggs being brought into Australian territory. Failure to provide the required information can result in contravention of subsection 120(5) of the Biosecurity Act 2015.
Therefore, importing animals or plants without the required permits or failing to comply with specified conditions can lead to fines and other penalties under the Biosecurity Act 2015 and related legislation.