Biosecurity Act 2015

The Director of Biosecurity may determine that specified goods, or a specified class of goods, (including conditionally non‑prohibited goods) must not be brought or imported into Australian territory for a specified period. The period must not be longer than 6 months.

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 suspended goods.

The Director of Biosecurity may make a determination under subsection (1) in relation to goods, or a class of goods, only if the Director is satisfied that the level of biosecurity risk associated with the goods, or the class of goods, is unacceptable.

Before a determination under subsection (1) is made:

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

the Director of Biosecurity must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment; and

the Director of Biosecurity must consider the risk assessment; and

the Director of Biosecurity may also consider any other matters that the Director considers relevant.

A determination under subsection (1) must set out the reasons for making the determination.

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

If a determination in force under subsection (1) in relation to goods, or a class of goods, is inconsistent with a determination in force under subsection 174(1):

the determination under subsection (1) of this section prevails; and

the determination under subsection 174(1) has, to the extent of the inconsistency, no effect.

Division 5 sets out offences and civil penalty provisions relating to bringing or importing suspended goods into Australian territory.

If suspended goods are brought or imported into Australian territory in contravention of a determination in force under subsection (1), the goods may be forfeited to the Commonwealth (see section 628).