Footnotes
[1] Article 2.1 of the WTO SPS Agreement, www.wto.org/english/tratop_e/sps_e/spsagr_e.htm,
accessed 5 October 2004
[2] Article 5.6 of the WTO SPS Agreement. ALOP is also
frequently referred to by Biosecurity Australia as 'acceptable risk'.
[3] Articles 5.1-5.3 of the WTO SPS Agreement, www.wto.org/english/tratop_e/sps_e/spsagr_e.htm,
accessed 5 October 2004
[4] Biosecurity Australia, Import risk analysis handbook, Canberra, 2003, p. 16
[5] Biosecurity Australia, Import risk analysis handbook, Canberra, 2003, p. 16
[6] RRAT Legislation Committee, Transcript of Evidence, Canberra, 31 March 2004, p. 7
[7] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report,
February 2004, p. 13
[8] RRAT Legislation Committee, Transcript of Evidence, Canberra, 31 March 2004, p. 7
[9] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report,
February 2004, p. 2
[10] RRAT Legislation Committee, The Proposed Importation of Fresh Apple Fruit from New Zealand: Interim
Report, July 2001
[11] RRAT Legislation Committee, The Proposed Importation of Fresh Apple Fruit from New Zealand: Interim
Report, July 2001, p. xii
[12] RRAT Legislation Committee, The Proposed Importation of Fresh Apple Fruit from New Zealand: Interim
Report, July 2001, pp. xiii - xv
[13] Senator I Campbell, Senate Hansard, 20 March 2003, p. 9888
[14] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report,
February 2004, p. 120
[15] RRAT Legislation Committee, Transcript of Evidence, Canberra, 31 March 2004, p. 1
[16] RRAT Legislation Committee, The Proposed Importation of Fresh Apple Fruit from New Zealand: Final
Report, March 2004
[17] DAFF Press Release, New arrangements to strengthen import risk analysis, 16 August 2004
[18] Biosecurity Australia, Import risk analysis handbook, Canberra, 2003, p. 17
[19] RRAT Legislation Committee, Transcript of Evidence, Canberra, 9
February 2005, p. 3
[20] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 1
[21] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 38
[22] World Trade Organisation, Japan – Measures Affecting the Import of Apples: Report of the
Appellate Body, www.worldtradelaw.net/reports/wtoab/japan_apples(ab).pdf,
accessed 12 October 2004, pp. 1-3 and p. 93
[23] http://www.wto.org/english/tratop_e/sps_e/spsagr_e.htm.
Article 5.7 provides that, in the absence of sufficient scientific evidence,
measures may be adopted on the basis of "available pertinent
information".
[24] Panel report quoted in World Trade Organisation, Japan – Measures Affecting the Import of
Apples: Report of the Appellate Body, www.worldtradelaw.net/reports/wtoab/japan_apples(ab).pdf,
accessed 12 October 2004, p. 60
[25] World Trade Organisation, Japan – Measures Affecting the Import of Apples: Report of the
Appellate Body, www.worldtradelaw.net/reports/wtoab/japan_apples(ab).pdf,
accessed 12 October 2004, p. 60
[26] The Committee recognises Japan's failure to
produce scientific evidence relating directly to mature symptomless
apples.
[27] World Trade Organisation, Japan – Measures Affecting the Import of Apples: Report of the
Appellate Body, www.worldtradelaw.net/reports/wtoab/japan_apples(ab).pdf,
accessed 12 October 2004, p. 7
[28] World Trade Organisation, Japan – Measures Affecting the Import of Apples: Report of the
Appellate Body, www.worldtradelaw.net/reports/wtoab/japan_apples(ab).pdf,
accessed 12 October 2004, p. 60
[29] Importation
of Apples from New Zealand: Revised Draft ITA Report, Part A, Department of
Agriculture, Fisheries and Forestry, February 2004, p. 10
[30] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report, Part
A, February 2004, p. 10
[31] RRAT Legislation Committee, Transcript of Evidence - IRA on Pig Meat, Canberra, 8 March 2004,
pp. 17 and 33
[32] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 39
[33] Quoted in New Zealand government submission, Submission 7, p. 2
[34] New Zealand government, Submission 7, p. 3
[35] Mr John Allison, RRAT Legislation Committee, Transcript of Evidence, Canberra, 30
June 2004, p. 61
[36] World Trade Organisation, Japan – Measures Affecting the Import of Apples: Report of the
Appellate Body, www.worldtradelaw.net/reports/wtoab/japan_apples(ab).pdf,
accessed 12 October 2004, p. 74
[37] See Article 5.1 and Annex A. Japan also failed to
fulfil the requirements of SPS Agreement Article 5.1 in not examining SPS
measures that might be implemented,
in addition to those that were already in place.
[38] Trachtman, J. Japan
– Measures Affecting the Import of Apples, European Journal of
International Law, http://www.ejil.org/journal/curdevs/sr44.pdf,
accessed 12 October 2004
[39] Australian Apple and Pear Industry Taskforce, Submission 14, p. 27 and Tasmanian Apple
and Pear Association Inc, Submission 11,
p. 2
[40] Australian Apple and Pear Industry Taskforce, Submission 14, p. 27
[41] Tasmanian Apple and Pear Association Inc, Submission 11, p. 2
[42] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 24
[43] RRAT Legislation Committee, Transcript of Evidence, Canberra, 31 March 2004, p. 15
[44] Department of Agriculture, Fisheries and
Forestry, Import risk analysis handbook, Canberra 2003, p. 5
[45] Senate Rural and Regional Affairs and Transport
Legislation Committee, The Proposed
Importation of Fresh Apple Fruit from New Zealand, Interim Report, July
2001, p. xxiii
[46] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report, Part
A, February 2004, p. 46
[47] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report, Part
A, February 2004, p. 46
[48] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report, Part
A, February 2004, p. 48
[49] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report, Part
A, February 2004, p. 48
[50] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report, Part
A, February 2004, p. 48
[51] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report, Part
A, February 2004, p. 48
[52] RRAT Legislation Committee, Transcript of Evidence, Canberra 30 June 2004, p. 38
[53] RRAT Legislation Committee, Transcript of Evidence, Canberra 30 June 2004, p. 24
[54] WTO SPS Agreement, www.wto.org/english/tratop_e/sps_e/spsagr_e.htm,
accessed 5 October 2004
[55] World Trade Organisation, Japan – Measures Affecting the Import of Apples: Report of the Appellate
Body, www.worldtradelaw.net/reports/wtoab/japan_apples(ab).pdf,
accessed 12 October 2004, pp. 65-66
[56] World Trade Organisation, Japan – Measures Affecting the Import of Apples: Report of the
Appellate Body, www.worldtradelaw.net/reports/wtoab/japan_apples(ab).pdf,
accessed 12 October 2004, p. 67
[57] RRAT Legislation Committee, The Proposed Importation of Fresh Apple Fruit from New Zealand: Interim
Report, July 2001, pp. xiii – xv
[58] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 1
[59] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report,
February 2004, pp. 3-5. Only Western Australia is free from apple scab and
codling moth.
[60] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report,
February 2004, pp. 490-498
[61] This category includes apples, pears, quince and
loquat.
[62] RRAT Legislation Committee, The Proposed Importation of Fresh Apple Fruit from New Zealand: Interim
Report, July 2001, pp. 90-92
[63] This includes leaves, twigs, soil, timber and
splinters left over from the harvesting and packaging process.
[64] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report,
February 2004, p. 86
[65] This assumption is the subject of further discussion
at paragraphs 3.12 to 3.24.
[66] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report,
February 2004, p. 98
[67] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report,
February 2004, p. 99
[68] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report,
February 2004, p. 497
[69] Batlow Fruit Cooperative Ltd, Submission 30, p. 5
[70] Australian Apple and Pear Industry Taskforce, Submission 14, p. 20
[71] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 60
[72] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 60
[73] Tasmanian Apple and Pear Growers' Association
Inc, Submission 11, p. 6
[74] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report,
February 2004, p. 497
[75] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 60
[76] WTO SPS Agreement, www.wto.org/english/tratop_e/sps_e/spsagr_e.htm,
accessed 5 October 2004
[77] Biosecurity Australia, Import risk analysis handbook, Canberra, 2003, p. 5
[78] Biosecurity Australia, Import risk analysis handbook, Canberra, 2003, Corrigenda
[79] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report,
February 2004, p. 123
[80] Australian Farmlink Pty Ltd, Submission 17, p. 2
[81] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 53
[82] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 53
[83] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report,
February 2004, p. 116
[84] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 46
[85] Estimates of the costs associated with the
control and eradication of fire blight, undertaken in various studies, are
included in the revised draft IRA at p. 120.
[86] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 61
[87] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 53
[88] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 49
[89] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report,
February 2004, p. 118
[90] RRAT Legislation Committee, Transcript of Evidence, Canberra 30 June 2004, p. 38
[91] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report,
February 2004, p. 4
[92] These protocols were contained in the 2000 draft
IRA and discussed in the RRAT Legislation Committee's The Proposed Importation of Fresh Apple Fruit from New Zealand: Interim
Report, July 2001
[93] RRAT Legislation Committee, Transcript of Evidence, Canberra, 31 March 2004, p. 21
[94] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 13
[95] RRAT Legislation Committee, Transcript of Evidence, Canberra, 31 March 2004, p. 15
[96] RRAT Legislation Committee, Transcript of Evidence, Canberra, 31 March 2004, p. 16
[97] RRAT Legislation Committee, Transcript of Evidence, Canberra, 31 March 2004, p. 16
[98] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 35
[99] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 24
[100] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 18
[101] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 41
[102] Australian Apple and Pear Limited, Submission 1, pp. 3-4
[103] Western Australian Fruit Growers' Association, Submission 12, p. 4
[104] RRAT Legislation Committee, Transcript of Evidence, Canberra, 31 March 2004, p. 19
[105] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 35
[106] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report,
February 2004, pp. 470-471
[107] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 5
[108] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report,
February 2004, p. 471
[109] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report,
February 2004, p. 472
[110] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 22
[111] RRAT Legislation Committee, Transcript of Evidence, Canberra, 31 March 2004, p. 3
[112] Dr I Carmichael, RRAT Legislation Committee, Transcript of Evidence, Canberra, 30
June 2004, p. 21
[113] Dr S Wimalajeewa, RRAT Legislation Committee, Transcript of Evidence, Canberra, 30
June 2004, p. 21
[114] RRAT Legislation Committee, Transcript of Evidence, Canberra, 31 March 2004, p. 19
[115] Western Australian Fruit Growers' Association,
Submission 12, p. 3
[116] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 4
[117] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 10
[118] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 6
[119] Biosecurity Australia, Importation of Apples from New Zealand: Revised Draft IRA Report,
February 2004, p. 481 and 488.
[120] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 5
[121] RRAT Legislation Committee, Transcript of Evidence, Canberra, 31 March 2004, p. 18
[122] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30
June 2004, pp. 50-51
[123] Department
of Agriculture, Fisheries and Forestry, Import risk analysis handbook, Canberra
2003, p. 9
[124] Department
of Agriculture, Fisheries and Forestry, Import risk analysis handbook, Canberra
2003, p. 9
[125] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 46
[126] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 4
[127] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 4
[128] Western Australia Fruit Growers' Association, Submission 12, Improper Consultation
[129] Answers to Questions Taken on Notice by
Biosecurity Australia, Inquiry into the Import Risk Analysis for Apples, Public
Hearing, 30 June 2004, Attachment A, p. 2
[130] Answers to Questions Taken on Notice by
Biosecurity Australia, Inquiry into the Import Risk Analysis for Apples, Public
Hearing, 30 June 2004, Attachment A, p. 2
[131] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 17
[132] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, pp. 17-18
[133] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 15
[134] Answers to Questions Taken on Notice by
Biosecurity Australia, Inquiry into the Import Risk Analysis for Apples, Public
Hearing, 30 June 2004, p. 1
[135] Answers to Questions Taken on Notice by
Biosecurity Australia, Inquiry into the Import Risk Analysis for Apples, Public
Hearing, 30 June 2004, p. 1
[136] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 15
[137] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, pp. 46-47
[138] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 2
[139] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, pp. 31-32
[140] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 33
[141] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 33
[142] Senate Rural and Regional Affairs and Transport
Legislation Committee, The Proposed
Importation of Fresh Apple Fruit from New Zealand, Interim Report, July
2001, p. xxiii
[143] RRAT Legislation Committee, Transcript of Evidence, Canberra, 31 March 2004, p. 27
[144] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, pp. 49
[145] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 15
[146] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 46
[147] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 55
[148] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 56
[149] RRAT Legislation Committee, Transcript of Evidence, Canberra, 31 March 2004, p. 1
[150] RRAT Legislation Committee, Transcript of Evidence, Canberra, 31 March 2004, p. 1
[151] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 42
[152] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 42
[153] RRAT Legislation Committee, Transcript of Evidence, Canberra, 8 March 2004, p. 17
[154] RRAT Legislation Committee, Transcript of Evidence, Canberra, 8 March 2004, p. 22
[155] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, pp. 14-15
[156] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 15
[157] Apple and Pear Australia Limited, Submission 1B, p. 18
[158] Answers to Questions Taken on Notice by
Biosecurity Australia, Inquiry into the Import Risk Analysis for Apples, Public
Hearing, 30 June 2004, Attachment A, p. 5
[159] Biosecurity Australia has written to MAFNZ
seeking a response to the Senate's interest in obtaining a copy of the Hale and
Clark paper.
[160] Senate Rural and Regional Affairs and Transport
Legislation Committee, The Proposed
Importation of Fresh Apple Fruit from New Zealand, Interim Report, July
2001, p. xxiv
[161] Apples: Questions on notice for Biosecurity
Australia – 9 February 2005, Answer to question 5
[162] Apples: Questions on notice for Biosecurity
Australia – 9 February 2005, Answer to question 5
[163] Import
Risk Analysis Handbook, Department of Agriculture, Fisheries and Forestry –
Australia, Canberra, 2003, p. 24
[164] Import
Risk Analysis Handbook, Department of Agriculture, Fisheries and Forestry –
Australia, Canberra, 2003, p. 17
[165] Import
Risk Analysis Handbook, Department of Agriculture, Fisheries and Forestry –
Australia, Canberra, 2003, p. 17
[166] Import
Risk Analysis Handbook, Department of Agriculture, Fisheries and Forestry –
Australia, Canberra, 2003, pp. 25-26
[167] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 15
[168] Answers to Questions Taken on Notice by Apple
and Pear Australia Limited, Inquiry into the Import Risk Analysis for Apples,
Public Hearing, 30 June 2004, p. 5
[169] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 53
[170] Answers to Questions Taken on Notice by Apple
and Pear Australia Limited, Inquiry into the Import Risk Analysis for Apples,
Public Hearing, 30 June 2004, pp. 1-5
[171] RRAT Legislation Committee, Transcript of Evidence, Canberra, 9 February2005, p. 5
[172] Answers to Questions Taken on Notice by
Biosecurity Australia, Inquiry into the Import Risk Analysis for Apples, Public
Hearing, 9 February, question 2
[173] Department of Agriculture, Fisheries and
Forestry, Animal Biosecurity Policy
Memorandum 2004/15, Plant Biosecurity Policy Memorandum 2004/22, New
Arrangements to Strengthen Import Risk Analysis, p. 1
[174] RRAT Legislation Committee, Transcript of Evidence, Canberra, 9 February 2005, p. 1
[175] Correspondence between the Interim Chief
Executive, Biosecurity Australia, and the Committee dated 25 February 2005
[176] Department of Agriculture, Fisheries and
Forestry, Animal Biosecurity Policy
Memorandum 2004/15, Plant Biosecurity Policy Memorandum 2004/22, New
Arrangements to Strengthen Import Risk Analysis, p. 2
[177] RRAT Legislation Committee, Transcript of Evidence, Canberra, 30 June 2004, p. 15
[178] Biosecurity Australia, Apples: Questions on notice
for Biosecurity Australia – 9 February 2005, Question 6