AustraliaI forgot to declare food items at the airport and received a fine. Can I appeal?
Yes, you can appeal an infringement notice for failing to declare food at the Australian border, but strict time limits and procedures apply.
What the Law Says
The Biosecurity Act 2015 (Cth) gives the Department of Agriculture, Fisheries and Forestry (DAFF) authority to issue infringement notices for failing to declare prohibited or restricted goods — including food — at the Australian border.
Under section 429 of the Biosecurity Act 2015, it is an offence to fail to declare certain goods when entering Australia. This includes food items that may pose a biosecurity risk — such as fresh fruit, meat, dairy, or plant material.
If you’re caught, an authorised officer may issue an infringement notice instead of prosecuting you. The current maximum penalty for this offence is $2,664 (as of 2024), which is 12 penalty units under the Crimes Act 1914 (Cth).
You have 30 days from the date of the infringement notice to either pay it or formally contest it. If you wish to dispute the notice, you must first request an internal review by DAFF within 7 days of receiving it.
Statutory TextA person commits an offence if the person fails to declare goods that the person is required to declare under section 428.
— Biosecurity Act 2015 (Cth), s. 429 — Offence of failing to declare goods
Statutory TextAn infringement notice may be given to a person if an authorised officer believes on reasonable grounds that the person has committed an infringement offence.
— Biosecurity Act 2015 (Cth), s. 430 — Infringement notices
What to Do
Within 7 days of receiving the infringement notice, submit a written request for internal review to the Department of Agriculture, Fisheries and Forestry (DAFF).
Include your notice number, reason for dispute (e.g., honest mistake, lack of signage, no intent to deceive), and any supporting evidence.
If DAFF refuses your review or doesn’t respond within 28 days, you may elect to have the matter heard in court within 30 days of the original notice.
If you choose court, you’ll need to plead guilty or not guilty — and may seek legal advice, especially if facing higher penalties or repeat offences.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.