Biosecurity (Prohibited and Conditionally Non‑prohibited Goods—Torres Strait) Determination 2016

Section 1 Part 1—Preliminary 1 Name This is the Biosecurity (Prohibited and Conditionally Non-prohibited Goods— Torres Strait) Determination 2016. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this At the same time as section 3 of the Biosecurity Act 16 June 2016 instrument 2015 commences. Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under subsection 174(1) of the Biosecurity Act 2015. 4 Purpose of this instrument For subsection 174(1) of the Act, Part 2 of this instrument provides that specified classes of goods must not be brought or imported into the destination part of Australian territory specified in column 2 of item 9, 10 or 11 of the table in section 5 of the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 from the origin part of Australian territory specified in column 1 of that item unless specified conditions are complied with. Note 1: Items 9, 10 and 11 of the table in section 5 of the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 relate to movements of goods from the protected zone area or the Torres Strait permanent biosecurity monitoring zone to another part of Australian territory. Note 2: A reference to Australian territory includes Norfolk Island on and after 1 July 2016. Note 3: Goods included in a specified class of goods are conditionally non-prohibited goods for the purposes of the Act. Biosecurity (Prohibited and Conditionally Non-prohibited Goods—Torres Strait) 1 Determination 2016 OPC62036 - B Authorised Version F2016L00909 registered 31/05/2016 Part 1 Preliminary

Section 5 5 Definitions Note: A number of expressions used in this instrument are defined in the Act, including the following: (a) animal; (b) Australian territory; (c) goods; (d) plant. (1) In this instrument: Act means the Biosecurity Act 2015. destination part means a destination part of Australian territory specified in column 2 of item 9, 10 or 11 of the table in section 5 of the Regulated Movements Declaration. item 9 destination part means the destination part of Australian territory specified in column 2 of item 9 of the table in section 5 of the Regulated Movements Declaration. item 9 origin part means the origin part of Australian territory specified in column 1 of item 9 of the table in section 5 of the Regulated Movements Declaration. item 10 destination part means the destination part of Australian territory specified in column 2 of item 10 of the table in section 5 of the Regulated Movements Declaration. item 10 origin part means the origin part of Australian territory specified in column 1 of item 10 of the table in section 5 of the Regulated Movements Declaration. item 11 destination part means the destination part of Australian territory specified in column 2 of item 11 of the table in section 5 of the Regulated Movements Declaration. item 11 origin part means the origin part of Australian territory specified in column 1 of item 11 of the table in section 5 of the Regulated Movements Declaration. origin part means an origin part of Australian territory specified in column 1 of item 9, 10 or 11 of the table in section 5 of the Regulated Movements Declaration. Regulated Movements Declaration means the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 (made under subsection 618(2) of the Act). related origin part, in relation to a destination part, means the origin part specified in column 1 of the item of the table in section 5 of the Regulated Movements Declaration in which the destination part is specified. Torres Strait permanent biosecurity monitoring zone has the meaning given by subsection 117(3) of the Biosecurity Regulation 2016. 2 Biosecurity (Prohibited and Conditionally Non-prohibited Goods—Torres Strait) Determination 2016 OPC62036 - B Authorised Version F2016L00909 registered 31/05/2016 Preliminary Part 1

Section 5 (2) A word or phrase that is used in this instrument and in the Biosecurity (Prohibited and Conditionally Non-prohibited Goods) Determination 2016 has the same meaning in this instrument as it has in that instrument. Note: The following expressions are defined in the Biosecurity (Prohibited and Conditionally Non-prohibited Goods) Determination 2016: (a) animal part; (b) animal tissue; (c) shelf-stable; (d) viable. Biosecurity (Prohibited and Conditionally Non-prohibited Goods—Torres Strait) 3 Determination 2016 OPC62036 - B Authorised Version F2016L00909 registered 31/05/2016 Part 2 Conditionally non-prohibited goods Division 1 Animals, plants and related goods

Section 6 Part 2—Conditionally non-prohibited goods Division 1—Animals, plants and related goods 6 Classes of goods to which this Division applies Classes of goods to which this Division applies (1) This Division applies to the following classes of goods: (a) animals; (b) goods wholly or partly of animal origin (including dairy products, eggs and egg products); (c) live plants; (d) goods wholly or partly of plant origin that are specified in a provision of this Division; (e) the following plants: (i) banana (Musa); (ii) sugar cane (Saccharum officinarum); (iii) maize (Zea mays); (iv) cassava (Manihot esculenta); (v) citrus (Citrus); (vi) cotton (Gossypium); (f) goods wholly or partly originating from a plant referred to in paragraph (e); (g) plants that are capable of being used for propagation (including seeds); (h) fresh fruit and vegetables; (i) fungi; (j) goods that contain a fungus. Note 1: Animal includes a dead animal and any part of an animal (see the definition of animal in section 9 of the Act). Note 2: Plant includes a dead plant and any part of a plant (see the definition of plant in section 9 of the Act). Exceptions (2) However, the classes of goods referred to in subsection (1) do not include any of the following: (a) stores for consumption on board a vessel that originated from a destination part and have remained on the vessel since it left the destination part; (b) stores for consumption on board an aircraft that originated from a destination part and that: (i) have remained on the aircraft since it left the destination part; and (ii) do not contain whole fruit; (c) animal horns without velvet; (d) a cnidarian, echinoderm, tunicate, fish, crustacean or marine mollusc; (e) a part of an animal referred to in paragraph (d); 4 Biosecurity (Prohibited and Conditionally Non-prohibited Goods—Torres Strait) Determination 2016 OPC62036 - B Authorised Version F2016L00909 registered 31/05/2016 Conditionally non-prohibited goods Part 2 Animals, plants and related goods Division 1

Section 7 (f) goods that are wholly or partly made from an animal referred to in paragraph (d); (g) turtle or dugong meat; (h) fresh turtle eggs; (i) goods made from turtle or dugong; (j) bread; (k) cooked cakes (other than cakes containing topping with fresh fruit); (l) goods made from coconut shell. 7 Conditions—general (1) Subject to subsections (3), (4) and (5), goods included in a class of goods to which this Division applies must not be brought or imported into a destination part from the related origin part unless: (a) the goods are covered by an import permit; or (b) if alternative conditions for bringing or importing the goods into the destination part from the related origin part are specified in a provision of this Division—the alternative conditions are complied with. (2) Paragraph (1)(b) does not limit paragraph (1)(a). (3) If: (a) goods included in a class of goods to which this Division applies (the relevant goods) are made of, or are made from, or contain, 2 or more different kinds of goods (the component goods); and (b) any of the component goods must not be brought or imported into a destination part from the related origin part unless they are covered by an import permit (and no alternative conditions are specified for those component goods); the relevant goods must not be brought or imported into the destination part from the related origin part unless they are covered by an import permit. (4) If: (a) goods included in a class of goods to which this Division applies (the relevant goods) are made of, or are made from, or contain 2 or more different kinds of goods (the component goods); and (b) alternative conditions for bringing or importing the relevant goods into a destination part from the related origin part are specified in another provision of this Division; and (c) alternative conditions for bringing or importing each of the component goods into the destination part from the related origin part are specified in one or more provisions of this Division; the relevant goods must not be brought or imported into the destination part from the related origin part unless: (d) the relevant goods are covered by an import permit; or (e) the alternative conditions specified for the relevant goods are complied with; or (f) the alternative conditions specified for each of the component goods are complied with. Biosecurity (Prohibited and Conditionally Non-prohibited Goods—Torres Strait) 5 Determination 2016 OPC62036 - B Authorised Version F2016L00909 registered 31/05/2016 Part 2 Conditionally non-prohibited goods Division 1 Animals, plants and related goods

Section 8 (5) If: (a) goods included in a class of goods to which this Division applies (the relevant goods) are made of, or are made from, or contain 2 or more different kinds of goods (the component goods); and (b) alternative conditions for bringing or importing each of the component goods into a destination part from the related origin part are specified in one or more provisions of this Division; and (c) subsection (4) does not apply in relation to the goods; the relevant goods must not be brought or imported into the destination part from the related origin part unless: (d) the relevant goods are covered by an import permit; or (e) the alternative conditions specified for each of the component goods are complied with. 8 Alternative conditions—dead animals, animal parts and related goods For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing certain dead animals, animal parts and related goods into a destination part from the related origin part. Alternative conditions—dead animals, animal parts and related goods Item Column 1 Column 2 Goods Alternative conditions 1 Animal bone, tusks and The goods are clean and free from other animal or plant teeth material and soil 2 Animal skin The goods: (a) have been tanned; and (b) are clean and free from other animal or plant material and soil 3 Feathers The goods are clean and free from other animal or plant material and soil 4 Lizard skin or snake skin The goods are clean and free from other animal or plant material and soil 5 Sea shells The goods: (a) are not viable; and (b) are clean and free from other animal or plant material and soil 9 Alternative conditions—meat and meat products for human consumption Conditions—canned meat (1) For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing canned meat for human consumption (the goods) into a destination part from the related origin part. 6 Biosecurity (Prohibited and Conditionally Non-prohibited Goods—Torres Strait) Determination 2016 OPC62036 - B Authorised Version F2016L00909 registered 31/05/2016 Conditionally non-prohibited goods Part 2 Animals, plants and related goods Division 1

Section 10 Alternative conditions—canned meat for human consumption Item Column 1 Column 2 Goods Alternative conditions 1 Canned meat The goods have been commercially manufactured and packaged Conditions—meat (other than canned meat) from the Torres Strait permanent biosecurity monitoring zone (2) For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing meat (other than canned meat) for human consumption (the goods) into the item 11 destination part from the item 11 origin part. Alternative conditions—meat (other than canned meat) for human consumption Item Column 1 Column 2 Goods Alternative conditions 1 Meat, other than canned The goods: meat (a) have been cooked and are for personal use; or (b) have been commercially manufactured and packaged 10 Alternative conditions—dairy products for human consumption For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing dairy products for human consumption (the goods) into a destination part from the related origin part. Alternative conditions—dairy products for human consumption Item Column 1 Column 2 Goods Alternative conditions 1 Dairy products The goods: (a) have been commercially manufactured and packaged; and (b) are for personal use 11 Alternative conditions—produce for human consumption For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing certain produce for human consumption into a destination part from the related origin part. Alternative conditions—produce for human consumption Item Column 1 Column 2 Goods Alternative conditions 1 Coconut (Cocos nucifera) Both of the following: (a) the husk has been removed; (b) the goods are clean and free from animal or other plant material and soil Biosecurity (Prohibited and Conditionally Non-prohibited Goods—Torres Strait) 7 Determination 2016 OPC62036 - B Authorised Version F2016L00909 registered 31/05/2016 Part 2 Conditionally non-prohibited goods Division 1 Animals, plants and related goods

Section 12 Alternative conditions—produce for human consumption Item Column 1 Column 2 Goods Alternative conditions 2 Dried fruit, other than The goods: dried bananas (Musa) (a) contain only seeds that are not viable; and (b) are not capable of being propagated; and (c) are clean and free from animal or other plant material and soil 3 Preserved fruit, other than The goods: preserved: (a) have been commercially manufactured and packaged; and (a) bananas (Musa); or (b) are shelf-stable (b) whole citrus (Citrus) 4 Fruit juice The goods are commercially packaged 5 Nuts The goods: (a) have been shelled; and (b) have been commercially prepared through blanching, roasting or boiling; and (c) are clean and free from animal or other plant material and soil 6 Processed rice The goods are clean and free from animal or other plant material and soil 7 Sago (Metroxylon spp.) The goods are clean and free from animal or other plant material and soil 8 Taro (Colocasia spp.) The goods: (a) have been peeled and cooked; and (b) are clean and free from animal or other plant material and soil 12 Alternative conditions—egg products for human consumption For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing egg products (other than whole eggs) for human consumption (the goods) into a destination part from the related origin part. Alternative conditions—egg products (other than whole eggs) for human consumption Item Column 1 Column 2 Goods Alternative conditions 1 Egg products (other than The goods: whole eggs) (a) are shelf-stable; and (b) are for personal use 13 Alternative conditions—miscellaneous plant materials and plant products For paragraph 7(1)(b), the following table specifies alternative conditions for bringing or importing certain plant materials and plant products into a destination part from the related origin part. 8 Biosecurity (Prohibited and Conditionally Non-prohibited Goods—Torres Strait) Determination 2016 OPC62036 - B Authorised Version F2016L00909 registered 31/05/2016 Conditionally non-prohibited goods Part 2 Animals, plants and related goods Division 1

Section 13 Alternative conditions—miscellaneous plant materials and plant products Item Column 1 Column 2 Goods Alternative conditions 1 Betel nut (Areca catechu) Both of the following: (a) the husk has been removed; (b) the goods are clean and free from animal or other plant material and soil 2 Bilum bags, other than The goods are clean and free from animal or other plant those that contain animal material and soil hides and skins 3 Grass skirts, other than The goods are clean and free from animal or other plant skirts with dried banana material and soil plant material 4 Job’s tears (Coix The seeds of the goods are not viable lacryma-jobi) 5 Kulap rattle (Entada spp.) The goods are clean and free from animal or other plant or burny bean material and soil 6 Goods made from dried The goods are clean and free from animal or other plant palm leaves material and soil 7 Goods made from dried The goods are clean and free from animal or other plant pandanus (Pandanus spp.) material and soil 8 Seed jewellery and The seeds are not viable artefacts 9 Tapa The goods are clean and free from animal or other plant material and soil 10 Wooden artefacts The goods: (a) have been fired; and (b) are clean and free from animal or other plant material and soil 11 Wongai (Manilkara kauki) The goods are clean and free from animal or other plant seed material and soil Biosecurity (Prohibited and Conditionally Non-prohibited Goods—Torres Strait) 9 Determination 2016 OPC62036 - B Authorised Version F2016L00909 registered 31/05/2016 Part 2 Conditionally non-prohibited goods Division 2 Other goods

Section 14 Division 2—Other goods 14 Bottles of water Classes of goods to which this section applies (1) The class of goods to which this section applies is bottles of water (the goods). Conditions (2) Goods included in the class of goods to which this section applies must not be brought or imported into a destination part from the related origin part unless: (a) the goods are covered by an import permit; or (b) the goods are commercially packaged. 15 Soil Classes of goods to which this section applies (1) This section applies to the following classes of goods: (a) soil (other than soil adhering to goods); (b) goods containing soil. Conditions (2) Goods included in a class of goods to which this section applies must not be brought or imported into a destination part from the related origin part unless the goods are covered by an import permit. 16 Used machinery and equipment Classes of goods to which this section applies (1) This section applies to the following classes of goods: (a) used earth-moving, agricultural, construction or timber felling machinery or equipment (including assembled parts); (b) used mining machinery, including oil-field drilling machinery that has come into contact with soil or material of animal or plant origin; (c) used grain-milling machinery; (d) field-tested agricultural machinery that has come into contact with soil or material of animal or plant origin; (e) food processing equipment. Conditions (2) Goods included in a class of goods to which this section applies must not be brought or imported into a destination part from the related origin part unless: (a) the goods are covered by an import permit; or (b) the goods are clean and free from animal and plant material and soil. 10 Biosecurity (Prohibited and Conditionally Non-prohibited Goods—Torres Strait) Determination 2016 OPC62036 - B Authorised Version F2016L00909 registered 31/05/2016