Highlights
- Massive fines up to $2664, visa cancellations for those who fail to declare high-risk bio-security goods
- The new law will come into effect on January 1, 2021
- Currently, the fine is $444
The Australian Government on Wednesday passed that will see massive fines issued up to $2664 and visas cancelled for those who do not declare these banned items.
The new rule comes into effect from January 2021, where biosecurity officers will be able to issue infringement notices up to $2664 where travellers fail to declare potential high biosecurity risks when arriving at Australian international air and seaports.
Australia's strict bio-security laws prohibit certain foreign foods, plant materials and animal products from entering the country, due to the threat of introducing serious pests and diseases into Australia.
Minister for Agriculture, Drought and Emergency Management, David Littleproud, said the Biosecurity Amendment (Traveller Declarations and Other Measures) Bill 2020 was about protecting Australia.
“Our biosecurity system is critical to supporting the health of Australians, the environment and the competitiveness of our agricultural industries,” Minister Littleproud said.
“Currently all infringement notices issued at first points of entry to Australia are for two penalty units ($444), regardless of the biosecurity risk posed by undeclared goods,” Minister Littleproud said.
“However, under the new legislation, the Director of Biosecurity will be able to determine which goods or classes of goods pose a high level of biosecurity risk for the purpose of higher infringement notice amounts.
“From 1 January 2021, infringement notices may be up to 12 penalty units ($2664), depending on the undeclared goods,” he said.
New rule being extended to international students, temporary work visa holders
Currently, visa cancellations for those who bring banned items and fail to declare it applies to visitor visas.
This rule is now being expanded to include student visa holders and temporary work visa holders from January 2021.
Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Alan Tudge said the powers will only be used for serious or deliberate breaches but will provide another important layer of protection at the border.
“Visa cancellation decisions are not taken lightly, but breaches of biosecurity can have serious consequences to Australia, and we need everyone to do the right thing,” Mr Tudge said.
“If you really must bring food or any other high-risk goods with you, you must declare them on your incoming passenger card or crew declaration.
“If in doubt, just declare it. If you don’t, you could face heavy penalties, have your visa cancelled and be sent home.”
Any decision to cancel a temporary visa on biosecurity grounds will only be made after taking into consideration factors such as the seriousness of the breach, the potential impact on Australian business and agriculture, and the individual circumstances of the traveller.
Australia introduced this new visa cancellation ground last year which gives decision-makers the power to cancel a visitor visa if there has been an attempt to deceive a biosecurity officer about the presence of in the person’s luggage or possessions.
Since October 2019, 14 visas have been cancelled under this new rule.
Declare the luggage items
Australia requires incoming passengers to declare their luggage items in an Incoming Passenger Card provided on the aircraft or cruise vessel.
This is a legal document and requires the passenger to mark YES on the card to declare if they are carrying certain food, plant material or animal products.
After filling the card, the passenger is then required to take these declared goods to the clearance point where they will be assessed by a biosecurity officer and may be inspected.
Alternatively, they can voluntarily dispose of food, plant material or animal products in bins located in the terminal.
Check what you can and cannot bring to Australia:
What happens if you fail to declare it?
Australian residents who fail to declare biosecurity risk goods may be issued an infringement notice for $444, and legislation is currently being considered by Parliament to increase this penalty to $2664 for certain high-risk products.
For serious breaches, they may also be subject to criminal prosecution. If convicted, they could be penalised up to $444,000 and could face up to 10 years in jail.
