Document ID: chunk:federal_register_of_legislation:F2020L00243:reg:4:p1
Version: federal_register_of_legislation:F2020L00243
Segment Type: reg
Provision Reference: reg 4 (pt 1/3)
Character Range: 1798–4761

4  Purpose of this instrument
For subsection 182(1) of the Act, this instrument provides that a specified class of goods must not be brought or imported into Australian territory for a specified period.
Note: Goods included in a class of goods specified in Part 2 are suspended goods for the purposes of the Act.

5 Reasons for making this determination
For subsection 182(5) of the Act, my reasons for making this determination are as follows:
 (a) I am satisfied that the level of biosecurity risk associated with bringing or importing cats and dogs considered as companion animals or assistance dogs from Malaysia to Australia represents an unacceptable level of biosecurity risk, applying the ALOP for Australia, for the following reasons:
 (i) Live cats and dogs are 'conditionally non-prohibited goods' under the Biosecurity (Prohibited and Conditionally Non-Prohibited Goods) Determination 2016, and relevantly must be covered by a permit when being brought or imported to Australia from countries other than New Zealand.
 (ii)  Such permits are generally subject to the importer complying with particular conditions imposed under section 180 of the Act. In relation to cats and dogs, a standard condition is that a veterinarian certify that the animal's vaccinations and treatments for various diseases are up to date and that the animal is free from specified diseases.
 (iii) However, certain defects in Malaysia's processes to provide veterinary health certifications mean that there is a risk that cats and dogs being imported to Australia from Malaysia may have been exposed to diseases exotic to Australia [but endemic to Malaysia]. These include Rabies and, specific to dogs, Ehrlichia canis, Brucella canis, Leptospira interrogans serovar Canicola, and Leishmania infantum (the Diseases).
 (iv) In particular, veterinary health certification provided in support of the importation of cats and dogs arriving from Malaysia may have been false and misleading. The Agriculture Department was recently provided with evidence that a dog was not present in Malaysia or any other approved country at the time that its vaccinations, treatments and testing for diseases of biosecurity concern were purportedly performed for export from Malaysia to Australia in accordance with the conditions specified in the dog's Australian import permit.
 (v) The relevant dog was exported to Australia by an individual associated with numerous other cat and dog import permits. The certification in relation to the dog was issued by various Malaysian veterinarians who have issued certifications in relation to other cats and dogs imported to Australia.
 (vi) In light of this case, the Agriculture Department has undertaken work with the competent authority in Malaysia to ascertain the competence of their veterinary health certification processes. However, information received to date does not provide assurance that blood samples presented for testing are collected