New rule sees 14 visa cancellations for bringing banned food items to Australia

Since October 2019, 14 visa holders have had their visas cancelled for seriously breaching Australia’s biosecurity laws.

American visa

visa cancellation Source: Getty Images

Highlights
  • 14 visas cancelled in 11 months under new biosecurity law
  • Australia has a strict biosecurity policy that prohibits incoming passengers to carry certain foods, plants and animal products
  • Serious breaches may see fines up to $444,000 and up to 10 years jail
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 pests and diseases into Australia, devastating its agricultural and tourism industries, as well as its unique environment.

Last year, Australia introduced new visa cancellation ground 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. 

The latest numbers have revealed 14 visas were cancelled since October 2019 under this new rule.  

Two men who arrived in Perth on August 28, 2020, carrying food items without declaring it are the latest visa holders who have had their visas cancelled under this rule.

The two men arrived at the Perth International Airport on a flight from Singapore last week, holding transit visas.

They were due to enter quarantine for 14 days prior to joining a commercial ship at Fremantle.

The Biosecurity officers found the two men failed to declare nearly five kg of pork items, salami, chicken and fish items they were carrying.

The officers detected the meat in the men’s baggage and referred them to the Australian Border Force (ABF) officers who then cancelled their visas.
Agriculture Minister David Littleproud.
Agriculture Minister David Littleproud. Source: AAP
Minister for Agriculture, Drought and Emergency Management, David Littleproud said these were the 13th and 14th cancellations under the new biosecurity-related visa cancellation ground since 1 October 2019, and the first since Australian borders were effectively closed to international travellers. 

“The travellers contravened subsection 533(1) of the Biosecurity Act 2015 by knowingly providing a false or misleading document (ie the Incoming Passenger Card) to a biosecurity officer on arrival to Australia,” Mr Littleproud said.

The travellers are now in immigration detention pending removal from Australia and are likely to be ineligible to come back to Australia for three years.

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.

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3 min read
Published 3 September 2020 2:35pm
Updated 3 September 2020 2:49pm
By Mosiqi Acharya

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