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The main development in the area of sanitary and phytosanitary measures in Australia in the period under review was the entry into force of the Biosecurity Act, 2015, replacing the Quarantine Act, 1908, on 16 June 2016.[85] (...) The Act is flexible by design to respond to changes in technology, biosecurity challenges, and the need for more adaptability to increasing passenger traffic and trade. As at November 2019, 117 legal instruments related to biosecurity had been issued, in addition to the Act itself and the two basic regulations (the Biosecurity Regulations, 2016 and the Biosecurity (Human Health) Regulations, 2016). Most of these legal instruments were determinations of first point of entry, i.e. goods that may, or may not, enter a specific location in Australia.

[85] Australia notified its draft biosecurity legislation to the WTO in 2012. See WTO document G/SPS/N/AUS/298, 9 July 2012 and its addenda 1 to 3, supplemented by WTO document G/SPS/N/AUS/298/Add.4, 2 December 2014.

The Biosecurity Act, 2015 was amended in 2018 (...) the main purposes of the amendments were to introduce new arrangements regarding the collection of information on the monitoring of, control of, and response to, biosecurity risks within Australia; (...)

The Biosecurity Act, 2015 and the Biosecurity Regulation, 2016 mandate the Department of Agriculture to review existing trade and to undertake risk analysis in response to requests to import goods that have never been imported into Australia, or have not previously been imported from a particular country or region. The risk analysis may be conducted through a regulated process provided for in the legislation (Biosecurity Import Risk Analysis – BIRA) or through a non-regulated procedure (e.g. a scientific review of existing policy and import conditions, a pest-specific assessment, a weed risk assessment, or a biological control agent assessment). If the identified biosecurity risks exceed the appropriate level of protection (ALOP) for Australia, goods may not be imported unless the proposed risk management measures reduce the risks to an acceptable level. Australia's risk assessment method has been used since 2001, and includes a risk estimation matrix that follows international principles consistent with World Organisation for Animal Health (OIE) and International Plant Protection Convention risk management standards. Australia's ALOP is only considered achieved when the estimated risk is at or below "very low".

When importing into Australia, importers of plant, animal, mineral and biological products (...) may use the Biosecurity Import Conditions (BICON) system to determine whether: a commodity is permitted to be imported; importation is subject to specific conditions; supporting documentation is required; the commodity must undergo treatment; or an import permit is needed. (...) Australia's biosecurity system is based on the Biosecurity Act, 2015, and information on biosecurity conditions may also be obtained through BICON.

In Australia, activities with genetically modified (GM) crops are regulated in accordance with the Commonwealth Gene Technology Act, 2000, the Gene Technology Regulations, 2001, and corresponding state and territory legislation. In addition, the Commonwealth, states and territories governments signed an intergovernmental Gene Technology Agreement to ensure a consistent national scheme in 2001. Key elements of the Act are the establishment of the Gene Technology Regulator and committees providing expert advice to the Regulator, a process to assess risks associated with genetically modified organisms (GMOs), and the creation of a database of all GMOs approved in Australia. GMOs may be authorized for release for a limited time under specified conditions or without a time-limit (commercial release). All releases are assigned a licence number. As at September 2019, the database maintained by the Office of the Gene Technology Regulator comprised 17 current authorizations for the commercial release of GM crop plants.[96]

[96] Office of the Gene Technology Regulator, Table of authorisations for commercial releases of GM plants. Viewed at: http://www.ogtr.gov.au/internet/ogtr/publishing.nsf/Content/cr-1.

In the TRIPS Council, Australia shared information and its national experiences in the implementation of policies to streamline IP in the economy: (...) and sustainable resource and low-emission technology strategies.[146]

[146] WTO document IP/C/M/82/Add.1, 1 September 2016.

An increasing amount is being set aside for conservation or protection purposes. About 18% of Australia's land area is currently managed for conservation.[1] The land management policy includes a focus on flexible approaches to grazing management, to reduce erosion and increase productivity, diminishing the use of agricultural chemicals, and more optimal use of fertilizer. (...) In relation to climate change, Australia's primary industries reduced their greenhouse gas emissions by 63% between 1996 and 2016.

[1] National Farmers' Federation, Food, Fibre & Forestry Facts, 2017 edition. Viewed at: https://www.nff.org.au/farm-facts.html.

The Government also supports environmental projects and conservation management, through the National Landcare Programme (AUD 1 billion) and the Green Army (AUD 700 million).

In its most recent notification to the WTO Committee on Subsidies and Countervailing Measures, Australia listed three federal programmes directed towards the agricultural sector in financial years 2017/18 and 2018/19.[8] (...) Two programmes related to water management were notified under the heading environmental programmes.

[8] WTO document G/SCM/N/343/AUS, 14 October 2019.

The 1992 National Drought Policy aims at farmers and rural communities adopting self-reliant approaches to managing climate variability, the maintenance and protection of the resource base during periods of climatic stress, and the early recovery of agricultural and rural industries consistent with long-term sustainable levels.