Legislation

The Department of Agriculture regulates the importation of living plants into Australia through Section 62 of the Quarantine Proclamation 1998 (the Proclamation). Subsection 62(1) of the Proclamation provides that the importation of a living plant (other than Orchidaceae tissue culture that is accompanied into Australia by the person importing it) is prohibited unless a Permit to import the plant has been granted.

Importers should be in receipt of a Permit prior to the plant/s arrival in Australia.

Subsection 67(1) of the Quarantine Act 1908 (the Act) provides that a person is guilty of an offence if they import anything into Australia that they know is a plant, and the importation is in contravention of the Act.

Section 68 of the Act provides that a biosecurity officer may seize plants imported in contravention of the Act, and, if they are seized:

1. they are forfeited to the Commonwealth; and
   

2. the biosecurity officer must give a notice to the importer or consignee of the plants stating that they have been seized and forfeited to the Commonwealth, and that they will be sold, destroyed, exported from Australia or otherwise disposed of in any way that a Director of Quarantine thinks appropriate; and
   

3. a Director of the Department of Agriculture may cause the plants to be sold, destroyed, exported from Australia or otherwise disposed of.
   

This means that importing a living plant (other than Orchidaceae tissue culture that is accompanied into Australia by the person importing it) without a permit is a contravention of the Act and biosecurity officers may exercise their discretion to take steps to prosecute a person guilty of an offence under section 67.