1.

Notifying Member: Australia

If applicable, name of local government involved:  

2.

Agency responsible: Australian Government Department of Agriculture

3.

Products covered (provide tariff item number(s) as specified in national schedules deposited with the WTO; ICS numbers should be provided in addition, where applicable): General importation of goods into Australia

4.

Regions or countries likely to be affected, to the extent relevant or practicable:

[X]    All trading partners  

[ ]      Specific regions or countries:  

5.

Title of the notified document: Biosecurity Act 2015 and related Acts  Language(s): English  Number of pages: 674

6.

Description of content: The Biosecurity Bill 2014 along with supporting legislation received Royal Assent from Australia's Governor-General on 16 June 2015 and has now become the Biosecurity Act 2015.

The Biosecurity Act 2015 will come into force on 16 June 2016, 12 months after Royal Assent.

Until the new legislation comes into force, the Quarantine Act 1908 remains the primary piece of legislation underpinning Australia's regulations.

The Biosecurity Act will be co-administered by the Ministers responsible for Agriculture and Health.

The Biosecurity Act includes a chapter on ballast water management providing a framework for Australia to work towards ratification of the International Convention for the Control and Management of Ships' Ballast Water and Sediments.

Australia's appropriate level of protection (ALOP) and its articulation (as agreed by state, territory and Commonwealth governments in 2002) has been included in the Biosecurity Act. The legislation consists of the Biosecurity Act 2015 and four related Acts which will help to manage the transition between the Quarantine Act 1908 and the Biosecurity Act 2015 namely:

-       Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015;

-       Quarantine Charges (Imposition-General) Amendment Act 2014;

-       Quarantine Charges (Imposition-Customs) Amendment Act 2014;

-       Quarantine Charges (Imposition-Excise) Amendment Act 2014.

The Acts and their explanatory memoranda can be viewed on the ComLaw (https://www.comlaw.gov.au/) and Australian Parliament websites (http://www.aph.gov.au/Parliamentary_Business/Bills_LEGislation/Bills_Search_Results/Result?bId=r5379).

The department will be releasing draft delegated legislation of the Biosecurity Act to stakeholders and clients on the department's website for public consideration throughout the rest of 2015.

More information on the Acts and implementation of the new legislation can be found on the Department of Agriculture's website at:

http://www.agriculture.gov.au/biosecurity/legislation/new-biosecurity-legislation.

7.

Objective and rationale: [ ] food safety, [X] animal health, [X] plant protection, [X] protect humans from animal/plant pest or disease, [X] protect territory from other damage from pests.  

8.

Is there a relevant international standard? If so, identify the standard:

[ ]      Codex Alimentarius Commission (e.g. title or serial number of Codex standard or related text)  

[ ]      World Organization for Animal Health (OIE) (e.g. Terrestrial or Aquatic Animal Health Code, chapter number)  

[ ]      International Plant Protection Convention (e.g. ISPM number)  

[X]    None

Does this proposed regulation conform to the relevant international standard? 

[ ] Yes   [ ] No

If no, describe, whenever possible, how and why it deviates from the international standard:  

9.

Other relevant documents and language(s) in which these are available:    

10.

Proposed date of adoption (dd/mm/yy): 16 June 2016

Proposed date of publication (dd/mm/yy): 17 June 2015

11.

Proposed date of entry into force: [ ] Six months from date of publication, and/or (dd/mm/yy): 16 June 2016

[ ]      Trade facilitating measure  

12.

Final date for comments: [ ] Sixty days from the date of circulation of the notification and/or (dd/mm/yy): Not applicable

Agency or authority designated to handle comments: [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 inquires about the new legislation and implementation process may be sent to:

Biosecurity Legislation Implementation Program Office

Service Delivery Division

Department of Agriculture

GPO Box 858 Canberra ACT 2601

E-mail: newbiosecuritylegislation@agriculture.gov.au

Tel: 1800 040 629

13.

Text(s) available from: [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

Or online at:

https://www.comlaw.gov.au/Details/C2015A00061/Download