Document ID: chunk:federal_register_of_legislation:C2025C00015:section:173
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 173
Character Range: 293643–295816

173  Prohibited goods
 (1) The Director of Biosecurity and the Director of Human Biosecurity may jointly determine that specified goods, or a specified class of goods, must not be brought or imported into Australian territory.
 (2) 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 prohibited goods.
 (3) The Director of Biosecurity and the Director of Human Biosecurity may make a determination under subsection (1) in relation to specified goods, or a specified class of goods, only if each Director is satisfied that:
 (a) the level of biosecurity risk associated with the goods, or the class of goods, is unacceptable; and
 (b) biosecurity measures would not be able to be taken to reduce that level of biosecurity risk to an acceptable level.
 (4) Before a determination under subsection (1) is made:
 (a) a risk assessment must be conducted by a biosecurity worker in relation to the making of that determination; and
 (b) the Director of Biosecurity:
 (i) must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment; and
 (ii) must consider the risk assessment; and
 (iii) may also consider any other matters that the Director considers relevant; and
 (c) the Director of Human Biosecurity:
 (i) must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment; and
 (ii) must consider the risk assessment; and
 (iii) may also consider any other matters that the Director considers relevant.
 (5) A determination under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.
Note 1: For variation and revocation of a determination made under subsection (1), see subsection 33(3) of the Acts Interpretation Act 1901.
Note 2: Division 5 sets out offences and civil penalty provisions relating to bringing or importing prohibited goods into Australian territory.
Note 3: Prohibited goods that are brought or imported into Australian territory may be forfeited to the Commonwealth (see section 628).