G/SPS/N/AUS/363/Add.5  
 
22 February 2016  
(16-1052)  Page: 1/2  
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  NOTIFICATION 
Addendum 
The following communication, received on 19 Februa ry 2016, is being circulated at the request of 
the Delegation of Australia. 
 
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 New draft biosecurity delegated legislation out for consultation 
The Australian Government, through the Department of Agriculture and Water Resources, has 
released further draft regulations under Australia's new Biosecurity Act 2015 for public 
consideration. These documents provide further detail for those who will be affected by the 
biosecurity legislation. 
Draft regulations are being released for public co mment progressively as they become available. 
The consultation period for those draft regulati ons released prior to 2016 has been extended to 
standardise the closing date for all regulations and allow industry time to consider how the 
delegated legislation will work in practice when the new Act takes effect on 16 June 2016. 
Consultation on all draft regulations closes 24 March 2016. Drafts of the following regulations, declaration and determination was published on the 
department's website on 5 February 2016: 
 Biosecurity Regulation 2016: Permits; 
 Biosecurity Regulation 2016: Ballast Water; 
 Biosecurity Regulation 2016: Compensation; 
 Biosecurity Regulation 2016: Use of Protected Information; 
 Biosecurity Regulation 2016: Assessment and Management; 
 Biosecurity (Pre-arrival Notices and Reports) Regulation 2016; 
 Biosecurity (Acceptable Ballast Water Exchange Area) Declaration 2016; 
 Biosecurity (Exposed Conveyances-Exceptions from Biosecurity Control) Determination 2016. 
 The draft regulations, declaration and determination include details relating to: 
 the process of applying for and being granted an import permit; information that must be 
included in an application for a permit to bring or import goods into Australian territory; the period for making a decision on application for a permit; and varying, revoking, imposing 
conditions of, and varying, suspending or revoking, a permit; 
 the reporting and management of ballast water; requirements for approval of ballast water 
management plans, certificates and records; and the acceptable location and circumstances 
for ballast water exchange; 
 the availability of compensation under the Biosecurity Act, including the amount payable; 
 the circumstances under which a person may make a record of, disclose to a prescribed 
agency or otherwise use protected information (personal or commercial-in-confidence 
information); 
 the amounts for high-value goods and conveyances; 
 other biosecurity measures relating to goods and premises; 
 the notices that must be given of goods that are, or are intended to be, brought into and 
unloaded at a landing place or port in Australian territory, and reporting for vessels entering Australian territory; 
 the circumstances under which exposed conveyan ces do not become subject to biosecurity 
control. G/SPS/N/AUS/363/Add.5 
 
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  The release of the draft regulations, declaration and determination gives interested clients, 
stakeholders and trading partners the opportunity to provide feedback on how they will work in 
practice when the new Act takes effect on 16 June 2016. 
Further draft regulations will be released for pub lic consideration shortly and further notifications 
will be sent out. Trading partners will receive further notification (by SPS notification) when the 
remaining draft regulations are released. 
For more information, or to make a submission, please visit: 
http://www.agriculture.gov.au /biosecuritylegislation  or contact the Biosecurity Legislation 
Implementation Support Office at newbiosecuritylegislation@agriculture.gov.au. 
This addendum concerns a: 
[ ] Modification of final date for comments 
[ ] Notification of adoption, publication or entry into force of regulation 
[ ] Modification of content and/or scope of  previously notified draft regulation 
[ ] Withdrawal of proposed regulation 
[ ] Change in proposed date of adoption, publication or date of entry into force 
[X] Other: New draft biosecurity regulations out for consultation. 
Comment period: (If the addendum extends the scope of the previously notified 
measure in terms of products and/or potent ially affected Members, a new deadline for 
receipt of comments should be provided, norm ally of at least 60 calendar days. Under 
other circumstances, such as extension of or iginally announced final date for comments, 
the comment period provided in the addendum may vary.)  
[ ] Sixty days from the date of circulation of the addendum to the notification and/or 
(dd/mm/yy) : 24 March 2016 
Agency or authority designated to handle co mments: [X] National Notification Authority, 
[X] National Enquiry Point. Address, fax number and e-mail address (if available) of 
other body: 
The Australian SPS Notification Point 
GPO Box 858 
Canberra ACT 2601 Australia Fax: +(61 2) 6272 3678 
E-mail: sps.contact@agriculture.gov.au 
 Specific enquires about the new legislation and implementation process may be sent to: 
Biosecurity Legislation Implementation Support Office 
Biosecurity Policy and Implementation Division Department of Agriculture and Water Resources 
GPO Box 858 Canberra ACT 2601 
E-mail: newbiosecuritylegislation@agriculture.gov.au  
Text(s) available from: [X] National Notificati on Authority, [X] National Enquiry Point. 
Address, fax number and e-mail addre ss (if available) of other body: 
The Australian SPS Notification Point 
GPO Box 858 Canberra ACT 2601 
Australia 
Fax: +(61 2) 6272 3678 E-mail: sps.contact@agriculture.gov.au  
 
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