Document ID: chunk:federal_register_of_legislation:F2024C00829:reg:22:p1
Version: federal_register_of_legislation:F2024C00829
Segment Type: reg
Provision Reference: reg 22 (pt 1/2)
Character Range: 97723–100414

22  Release of goods brought into Australian territory from biosecurity control
 (1) This section is made for the purposes of paragraph 162(1)(c) and subsection 162(4) of the Act.

Baggage
 (2) Subject to subsection (3):
 (a) baggage brought into a first point of entry is prescribed; and
 (b) the boundary of the first point of entry is a designated biosecurity control release area for the baggage.
 (3) The baggage is not prescribed if:
 (a) a direction given under the Act is in force in relation to the baggage at the time the baggage leaves the first point of entry; or
 (aa) the baggage leaves the first point of entry for the purposes of carrying out a biosecurity measure mentioned in subsection 138(1) of the Act in accordance with paragraph 138(1)(b) or (c); or
 (ab) the baggage leaves the first point of entry for the purposes of export from Australian territory in accordance with paragraph 135(2)(a) of the Act; or
 (b) the baggage is conditionally non‑prohibited goods that are authorised to be brought or imported into Australian territory subject to a condition:
 (i) relating to the use of the goods for laboratory, research or propagation purposes; or
 (ii) requiring the goods to be kept at a post‑entry quarantine facility while they are in Australian territory.
Note 1A: Subsection 138(1) of the Act applies in relation to a biosecurity measure under section 132 (movement), 133 (treatment) or 136 (destruction) of the Act or under a regulation made for the purposes of section 137 of the Act.
Note 1: Conditions on the bringing in or importation of goods may be imposed in a permit (see section 180 of the Act) or by a determination made under subsection 174(1) of the Act.
Note 2: Baggage covered by this subsection will not be released from biosecurity control on leaving the first point of entry to which the baggage was brought. The baggage may be released from biosecurity control under paragraph 162(1)(a), (b), (d) or (e) of the Act.

International mail
 (4) Subject to subsection (5):
 (a) goods brought to an international mail centre are prescribed; and
 (b) the boundary of the international mail centre is a designated biosecurity control release area for the goods.
 (5) The goods are not prescribed if:
 (a) a direction given under the Act is in force in relation to the goods at the time the goods leave the international mail centre; or
 (aa) the goods leave the international mail centre for the purposes of carrying out a biosecurity measure mentioned in subsection 138(1) of the Act in accordance with paragraph 138(1)(b) or (c); or
 (b) the goods are conditionally non‑prohibited goods that are authorised to be brought or imported into Australian