Current Regulations

• Commencement of 2023 FSMC vessel assessment and seasonal pest inspection measures under Australia Industry Advice Notice No. 277-2022 issued by the DAFF.
• Maritime Arrivals Reporting System (MARS)
• First points of entry (FPOE)
• Vessel Compliance Scheme (VCS)

AGM requirements

Under the Biosecurity Act 2015, DAFF requires all vessels that have visited a far east Russian port between 40°N to 60°N, and west of 147°E anytime between 1 July and 30 September in the previous two calendar years, to provide an AGM freedom certificate.

The certificate must be issued by the agriculture authorities in Australia, Canada, New Zealand, Russia or the United States of America. If the certification is issued by the Russian agriculture authorities, the certificate must include the date and time of departure from the port where the vessel was inspected for AGM and cleared.

If the Master of a vessel requests a Certificate of Freedom from AGM to be issued, a full AGM inspection will be conducted by the department.

Where to find the vessel’s AGM Certificate
The Master and the vessel’s port Agent will receive the Certificate as a PDF attachment to an email after an inspection. Only the vessel’s Agent and the department has access to the electronically stored Certificate in MARS.

AGM related requirements

Maritime Arrivals Reporting System (MARS)

MARS  is an online web portal for commercial vessel masters and shipping agents to submit pre-arrival documents required of all international vessels seeking Australian biosecurity clearance.

As part of the pre-arrival reporting process, all relevant vessels will be sent an AGM questionnaire through the MARS. MARS has functionality to view information related to the status of your vessel.

The completed questionnaire has to be returned to the Maritime National Co-ordination Centre (MNCC) and assessed. Vessel will be notified if a targeted AGM inspection is required as part of the first port arrival formalities.

All Pre-arrival reporting using MARS ensures that:

• the biosecurity risk of each vessel entering Australian waters is assessed
• all biosecurity risk posed by vessels is adequately managed.

Where a vessel inspection does not meet the department‘s standards, additional directions or corrective actions will be issued by a biosecurity officer.

Note:

• Vessel Operator Responsibilities
  The operator of the vessel is obligated to accurately report information in accordance with Section 193 of the Biosecurity Act 2015. This information must be lodged in MARS no later than 12 hours prior to arrival.
• Shipping Agent Responsibilities
  Where the vessel operator uses a shipping agent, the agent is responsible for lodgement of accurate and timely information into MARS. The agent must ensure that this information is a true and correct representation of the reports provided by the vessel operator, and that any changes have been confirmed with the operator.

First points of entry (FPOE)

Under the Biosecurity Act 2015, all international vessels and goods become subject to biosecurity control on entering Australian territory (12NM offshore).

Such vessels must only enter Australia at ports that have been determined as first points of entry under section 229 of the Biosecurity Act 2015, unless permission has been granted by the department to enter a non-first point of entry (under subsection 247(2) of the Act).

This is to ensure that vessels enter Australia at a location that has appropriate facilities and personnel to manage the biosecurity risks to an acceptable level.

Vessels may only enter an FPOE after:

1. Submitting mandatory pre-arrival reporting form using MARS;
2. Receiving advice on biosecurity, pratique and berthing conditions from the department as Biosecurity Status Documents (BSDs); a single source of information for biosecurity directions and advice for each voyage

Vessel Compliance Scheme (VCS)

A scheme developed by DAFF to help vessels comply with the biosecurity requirements and also allow vessels to reduce physical inspections over a defined voyage cycle if they qualify and remain under the VCS. The VCS uses a demerit action list and associated points that determine the vessel eligibility under the VCS.

Commercial vessel operators must meet  the following requirements to be eligible for the VCS and qualify for reduced intervention:

• A minimum of 3 voyages to Australia in a 12 month period
• Below the individual inspection threshold of 10 points for a voyage
• Below the collective threshold of 20 points over 3 voyages.

Background

Gypsy moths pose a high biosecurity risk to Australia because of their tendency to hitchhike and their high reproductive rate. If gypsy moths established in Australia they would be extremely difficult and expensive to manage, partly because of their broad host range.

Australia is now operating under the Biosecurity Act 2015 (BSA) which DAFF administers and this act relates to the management of diseases and pests that may cause harm to human, animal or plan health or the environment. AGM requirements fall under the BSA which replaced the Quarantine Act 1908 in 2016.

As such, DAFF is responsible for making sure that all vessels arriving in Australia from overseas must comply with Australia’s biosecurity laws and International Health Regulations.

Useful links: 
Import Industry Advice Notices

The Asian Gypsy Moth (AGM) season has struck again. It starts from late May to September which is considered the high risk AGM period.  So a vessel which has called at a port in the regulated AGM area during the specified risk period of the current or previous year will be considered a vessel of high AGM risk. These vessels are required to comply with the relevant AGM regulations ( for example, a so-called AGM approved certificate) issued by the regulating countries, namely, Australia, Canada, Chile, USA and New Zealand. 

Members are advised to refer to our AGM section for information and guidance. 

Australian Brown marmorated Stink Bugs (BMSBs) requirements

BMSBs pose a high biosecurity risk to Australia. This is an invasive pest, native to Asia, and is highly capable of hitchhiking, highly mobile in nature and lack of effective lures. They can severely impact the Australian agricultural industries as well as a nuisance pest to homes, vehicles and factories, seeking shelter in these areas over the winter. They are more frequently found on goods arriving in Australia between September and April, coinciding with the late autumn and winter seasons in the northern hemisphere. 

Due to the high risks posed by BMSBs, the Australian Department of Agriculture and Water Resources (DAWR) has introduced seasonal measures to manage these risks. These seasonal measures will apply between 1 September 2018 and 30 April 2019; both dates inclusive.

Vessels

Heightened surveillance on all roll-on/roll-off (ro-ro) and general cargo vessels through additional pre-arrival reporting with a BMSB questionnaire and daily checks conducted by vessel masters.

Target risk countries 

Any target high risk or target risk goods manufactured in, or shipped from these countries are subject to the BMSB seasonal measures.  Any vessel that tranships or loads goods from these countries are also subject to heightened vessel surveillance:

• United States of America
• Italy
• Germany
• France
• Russia
• Greece
• Hungary
• Romania
• Georgia
• Japan (heightened vessel surveillance will be the only measure applied).

Target high risk or target risk goods 

Some goods manufactured in, or shipped from the target risk countries as sea cargo have been identified as target high risk or target risk goods. To view the list as well as how these goods should be subject to BMSB treatments, please click on this DAWR link here 

Throughout the season, the measures based on detections of BMSB and the risk pathways would be continuously reviewed.

New Zealand BMSB requirements

For BMST requirements in New Zealand, please to the Biosecurity New Zealand website

Chilean BMSB requirements

Servicio Agricola y Ganadero (SAG) Resolution No. 971/2018 (Spanish only)

Members operating ships to Australia, New Zealand and Chile are urged to familiarise themselves of the above BMSB requirements and compliance.

Trading restrictions imposed by Australia

• Russia

• Asian Gypsy Moth Regulations
  See: Australian Asian Gypsy Moth Regulations
• Fiji: Arms embargo
• Iranian sanctions
  On 29 July 2010, the Australian Minister for Foreign Affairs and Trade announced new sanctions  against Iran supplementing existing United Nations Security Council sanctions against Iran.
  The new measures include
  • Targeted financial sanctions: Restrictions on financial transactions involving designated individuals and entities which contribute to Iran's nuclear and missile programs; or assist Iran to violate its sanctions obligations.
  • Travel restrictions: Restrictions on visas to travel to Australia by individuals who contribute to Iran's nuclear and missile programs; or assist Iran to violate its sanctions obligations.
  • Arms and strategic goods and services embargo: The range of goods and services prohibited for supply to Iran has been expanded to include any items, or related services, that could contribute to Iran’s nuclear or missile programs, as well as heavy military equipment. In addition, the Iran Regulations now prohibit the transfer of technology or technical assistance to Iran related to ballistic missiles.
  • The new sanctions also prohibit the provision of bunkering services for Iranian vessels without prior authorisation from the Foreign Minister.
• Democratic People's Republic of Korea sanctions
  Vessels flying the DPR Korean flag are banned from Australian ports since 10 October 2006.
• United Nations Security Council Resolutions