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363-2025: Consultation on proposed remake of sunsetting biosecurity instruments

27 October 2025

Who does this notice affect?

This notice applies to stakeholders who operate within the biosecurity framework including vessel masters and operators of aircraft, freight forwarders, Biosecurity Industry Participants, importers, customs brokers, principal agents, master consolidators, Biosecurity Entry Points (airport and seaport operators), and members of the public.

What is changing?

Stakeholders are advised that the following four legislative instruments (the current instruments) are sunsetting on 1 October 2026:

  • Biosecurity Regulation 2016
  • Biosecurity (Movements between Parts of Australian Territory) Declaration 2016
  • Biosecurity (Exposed Conveyance – Exceptions from Biosecurity Control) Determination 2016
  • Biosecurity (Reportable Biosecurity Incidents) Determination 2016.

These instruments form part of the regulatory framework for biosecurity officers to assess and manage biosecurity risks relating to goods, conveyances and people under the Biosecurity Act 2015.

The department has reviewed these instruments, and is intending to make four new instruments (the new instruments) that will contain a range of proposed changes. It is proposed that the new instruments will be known as the:

  • Biosecurity Regulations 2026
  • Biosecurity (Movements between Parts of Australian Territory) Declaration 2026
  • Biosecurity (Exposed Conveyances Exempt from Biosecurity Control) Determination 2026
  • Biosecurity (Reportable Biosecurity Incidents) Determination 2026

We are seeking views from stakeholders on the proposed changes by 5 December 2025 via a public consultation process. In general, the changes being considered can be categorised as follows:

  • Narrowing, removing or de-regulating functions or thresholds currently in place which are determined to no longer be necessary whilst maintaining an appropriate level of protection against biosecurity risk.
  • Expanding regulatory functions or thresholds to increase abilities and powers in the processes of assessing and managing biosecurity risk.
  • Minor, technical and inconsequential amendments which are proposed to assist with the readability of an instrument.

Where no changes are being proposed to a part of an instrument, the new instrument will remain unchanged from the current instrument.

Action

Stakeholders are invited to provide feedback on the proposed changes. Stakeholders can access further information regarding public consultation on the department’s Have Your Say website.

To provide feedback on the changes proposed for the four new legislative instruments:

  • Please consider the summary of changes documents located on the Have Your Say webpage.
  • Provide a written submission or complete our Have Your Say survey located on the Have Your Say webpage.

Submit your feedback by 5 pm (AEDT) on Sunday 5 December 2025.

Your feedback and submissions will be considered once this consultation period is concluded. The responses received will be considered during the review and development of the department’s biosecurity regulatory framework.

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Page last updated: 27 October 2025

We acknowledge the continuous connection of First Nations Traditional Owners and Custodians to the lands, seas and waters of Australia. We recognise their care for and cultivation of Country. We pay respect to Elders past and present, and recognise their knowledge and contribution to the productivity, innovation and sustainability of Australia’s agriculture, fisheries and forestry industries.

Artwork: Protecting our Country, Growing our Future
© Amy Allerton, contemporary Aboriginal Artist of the Gumbaynggirr, Bundjalung and Gamilaroi nations.

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