An Australia-wide waste management business which breached the Biosecurity Act, by incorrectly dumping imported meat products, is the first to be subject to on a new two-year monitoring program. Australia allows importers of products such as food, timber and plants to manage imported goods and containers at Approved Arrangements (AA) sites, reducing delays for businesses.
The Department of Agriculture, Fisheries and Forestry (DAFF) authorises individuals and companies to carry out specific biosecurity activities under the AA system. This allows those entities to manage biosecurity risks of imported goods which are subject to biosecurity controls.
In this case, the Secretary of DAFF accepted an Enforceable Undertaking from the company. The company will be required to meet several undertakings over the next 24 months. These undertakings include requirements to re-train staff and engage an independent auditor to ensure they are meeting their obligations in relation to their approved arrangement.
Under the Regulatory Powers (Standard Provisions) Act 2014, Enforceable Undertakings allow for the department to respond to beaches of the Biosecurity Act by requiring entities to come back into compliance and prevent future breaches, including by requiring education and training to improve processes.
If the Enforceable Undertaking is breached, the undertaking may be enforced by the Federal Court which could issue an order directing compliance, require financial benefit from the failure to comply be surrendered and for any associated damages to be paid.
Responsibilities of Importers Using Approved Arrangements
According to a transcript from a video released by DAFF:
The first is to contain and report incidents that may pose a biosecurity risk.
These are known as Reportable Biosecurity Incidents.
Keep an eye out for animals, insects and things like dirt and plant matter on or in containers and other cargo like cars and machinery.
It’s also important to keep a lookout at your workplace. Pests and contaminants can move quickly from cargo and containers.
Invasive plants and plant matter like grain, straw, seeds, leaves and soil could be devastating if they entered Australia.
If found, they need to be dealt with in line with the rules of your company’s Approved Arrangement.
If you find a live pest, act quickly to prevent the pest from escaping. Simply closing the container doors during an unpack can be effective.
If you have unpacked the container, check the goods for pests and isolate affected goods to avoid cross-contamination.
Do your best to contain the risk by covering the goods with an item like a tarp to prevent pests from escaping. If the container is in a warehouse, keep it inside. Use a knockdown spray on crawling insects found on flat racks and unit load devices and isolate goods.
Application Process
If you are interested in entering into an Approved Arrangement, you will need to make an application to DAFF. As part of this application, you must prove that you have met the requirements for the type of arrangement you are proposing, including the fit and proper person test.
You may be required to meet training and accreditation requirements before your proposed arrangement is approved by DAFF. Accreditation must be kept up to date to maintain your approved status.
There is a wide range of AA types depending on the type of business activity and the types of goods handled. There are about 70 different classes and sub-classes of AAs including for:
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- collecting and transporting biosecurity waste from other businesses who operate AAs as well as from airports and seaports;
- treatment providers (e.g. fumigation businesses) which treat imported goods;
- sea and air freight depots handling imported cargo;
- laboratories working on imported biological material;
- containment and disease screening of imported plants.
Contact us for more information.
As licensed Customs Brokers and International Freight Forwarders, Colless Young provides you with a complete range of logistics services, both airfreight and sea cargo, through all Australian ports and airports. We offer you professional advice on all matters related to international shipping and clearance through Customs & quarantine. This includes imports, exports, trucking, warehousing and fumigation treatment.
