Freight & Trade Alliance (FTA) has received advice from the Department of Agriculture, Fisheries and Forestry (DAFF), via Import Industry Advice Notice 38-2026, that clarifying text has been added to certain biosecurity directions and notices issued through departmental electronic systems.
DAFF has confirmed that the purpose of the additional wording is to clarify when a direction comes into effect. The changes do not alter existing processes, compliance obligations, rights or responsibilities.
The additional text clarifies that a direction will take effect:
- immediately if the goods are already subject to biosecurity control at the time the notice is issued; or
- immediately upon the goods becoming subject to biosecurity control if the notice was issued prior to the goods arriving in Australian territory.
For clarity, goods become subject to biosecurity control when the aircraft or vessel carrying the goods enters Australian territory. The terms 'subject to biosecurity control' and 'Australian territory' are defined under sections 9 and 12 of the Biosecurity Act 2015.
DAFF has indicated that these amendments are being introduced for clarity and consistency as part of ongoing digitisation and modernisation initiatives under the Simplified Targeting and Enhanced Processing Systems (STEPS) program.
Compliance Timeframes – Ongoing Engagement
While IIAN 38-2026 focuses on clarifying when directions take effect, FTA has continued to raise broader industry concerns regarding compliance timeframes attached to biosecurity directions.
Members have consistently reported operational challenges where directions are issued prior to vessel arrival, while cargo availability and landside access remain outside their control. FTA has advocated for refinement of timeframe language to better align with operational realities, including consideration of industry-standard concepts such as cargo availability, without undermining legislative requirements.
DAFF has acknowledged current system limitations regarding timeframes for compliance with directions and has advised that enhanced functionality is being actively considered as part of new information system development. Further discussions between FTA and DAFF are being scheduled to explore potential improvements.
For further information, members are encouraged to refer directly to Import Industry Advice Notice 38-2026 as published by DAFF.