Malayali actor Navya Nair was fined 1,980 Australian dollars (roughly Rs 1.14 lakh) on Friday (September 5) by Australian customs officials for carrying a 15 cm long jasmine garland in her bag. The act, which the actor later described as an “unintentional” mistake, violated Australian biosecurity and trade laws. Nair had arrived in the country to attend an Onam programme organised by the Victoria Malayali Association. The jasmine garland, she said, was gifted by her father for the occasion, and cut into two pieces so they would last the long journey from Kochi to Australia via Singapore. The 15-cm garland in her bag was the second piece which the actor intended to wear in her hair after landing in the country. Why is biosecurity a concern in Australia? According to the Australian Biosecurity Act (2015), a biosecurity risk refers to the likelihood of a disease or pest entering Australian territory or a part of Australian territory; or emerging, establishing itself or spreading in Australian territory or a part of Australian territory; as well as the potential for the disease or pest to cause harm to human, animal or plant health, to the environment, or ensuing economic consequences. Australia justifies its comprehensive biosecurity policy given its status as an island nation that sees increasing volumes of global trade and is vulnerable to disease outbreaks or infestations resulting from exotic pests and weeds. The country extensively deploys border security to prevent such an outcome. According to the country’s Department of Agriculture, Fisheries and Forestry, this approach has helped it remain free from the world’s most invasive pests and diseases. The Biosecurity Act, which in 2015 replaced the erstwhile Quarantine Act (1908), was deployed during the Covid pandemic, with the country initially enacting a “Zero Covid” suppression strategy that successfully helped it minimise domestic outbreaks of the disease. The department restricts the entry of a variety of items, ranging from biological products to food, live animals to plants and plant products, the last of which includes freshly cut flowers. Passengers to Australia are required to declare any items that may pose a biosecurity risk on their passenger card, which they must present upon entering the country. Failing this, they may be penalised by Airport Customs officials, with penalty points valued at AU$330 each. Failing to declare a high-risk good may incur a fine ranging between AU$1,980 and AU$3,960, with a maximum payable fine of AU$6,600. If the matter proceeds to court, the offender may be required to pay up to 1,200 penalty units or AU$396,000 in penalties. What does the law say about freshly cut flowers like jasmine? Fresh cut flowers and foliage in particular are restricted under Division 1 of the Biosecurity (Conditionally Non-prohibited Goods) Determination 2021, which specifies that plants (including dead plants, and plant parts including flowers and foliage) are conditionally non-prohibited goods. The import of these goods into Australia may only be permitted if they meet certain conditions (more on this below). Fresh cut flowers and foliage are singled out for their potential to “introduce invertebrate pests, plant pathogens and weeds” into Australia. According to Australia’s Agriculture Department, cut flowers have a high likelihood of insect infestation, given the propensity of insects to seek out flowers for their colour and scent, as well as feed on them. The guidelines also flag the possible economic and environmental consequences of non-compliance, with invertebrate pests potentially incurring damage to a range of plant crops and potentially carrying exotic diseases, including viruses. The Australian Agriculture Department specifically limits the import of fresh cut flowers and foliage for personal use, allowing incoming passengers via ship or plane to bring up to six small (shoebox-sized) boxes, florist packages or bouquets. Two species of fresh cut flowers and foliage are permitted into Australia from India: jasminum sambac, or Arabian jasmine flower heads or buds, loose or in garlands, as well as ocimum tenuiflorum, aka Holy Basil or tulsi leaves, as garlands. Under what circumstances are freshly cut flowers and foliage imports permitted? Indian exporters carrying either of the above mentioned items are exempt from furnishing a Department of Agriculture, Fisheries and Forestry import permit, provided they furnish a phytosanitary certificate declaring the full botanical name (including the genus and species or genus level), as well as a declaration that the shipment is pest-free, either certified by the exporting country’s National Plant Protection Organisation (NPPO) – The Directorate of Plant Protection, Quarantine & Storage under the Ministry of Agriculture and Farmers Welfare in India; or disinfested through methyl bromide fumigation, or through a NPPO-approved disinfestation technique. The consignments must be further made insect-proof in sealed packaging as specified by the department, and will further be inspected to verify they are free of contaminants identified as biosecurity risks, including live insects, fruit seeds (unless specifically permitted), plant or animal debris and soil. If live insects are detected, the consignment will be treated, exported from Australia, or disposed of at the importer’s expense. It may only be released once the department determines the risk has been satisfactorily dealt with. In case of non-compliance, the department will let the importer know that they may have violated the Biosecurity Act 2015, which could result in a penalty.
