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BIOSECURITY REGULATION 2016

- made under the Biosecurity Act 2015

Table of Provisions

CHAPTER 1--Preliminary

PART 1--PRELIMINARY

  • 1 Name
  • 3 Authority
  • 4 Extension of Biosecurity Act to Norfolk Island

PART 2--DEFINITIONS

  • 5 Definitions
  • 6 High - value conveyance--prescribed amount
  • 7 High - value goods--prescribed amounts
  • 8 References to animals

CHAPTER 2--Managing biosecurity risks: goods

PART 1--NOTICE--OF GOODS TO BE UNLOADED IN AUSTRALIAN TERRITORY

Division 1--Preliminary

  • 9 Purpose of this Part

Division 2--Goods to be unloaded in Australian territory other than in certain external Territories

  • 10 Application of this Division
  • 11 Notice of goods--general
  • 12 Notice of certain animals and eggs to be brought into Australian territory on an aircraft or vessel
  • 13 Additional notice of certain animals and eggs to be brought into Australian territory on an aircraft or vessel
  • 14 Notice of goods that are the subject of an import declaration

Division 3--Goods to be unloaded in certain external Territories

  • 15 Notice of goods to be unloaded in Norfolk Island, Christmas Island or Cocos (Keeling) Islands

Division 4--Exceptions

  • 16 Exceptions to requirement to give notice of goods

PART 2--GOODS--BROUGHT INTO AUSTRALIAN TERRITORY

  • 17 Other biosecurity measures relating to goods--isolation
  • 18 Person must comply with direction to affix isolation notice
  • 19 Contravention of requirement relating to entering or leaving etc. premises where goods have been isolated
  • 20 Unauthorised persons must not move etc. goods that have been isolated in or on premises where isolation notice has been affixed
  • 21 Interfering with, removing or defacing isolation notice

PART 3--RELEASE--OF GOODS FROM BIOSECURITY CONTROL

  • 22 Release of goods brought into Australian territory from biosecurity control

PART 4--BIOSECURITY--IMPORT RISK ANALYSES

Division 1--Process for conducting a BIRA

  • 23 Purpose of this Division
  • 24 Notice of intention to conduct a BIRA and issues paper
  • 25 Draft BIRA report
  • 26 Provisional BIRA report
  • 27 Final BIRA report
  • 28 Further information, research or expert advice
  • 29 Scientific advisory group
  • 30 Content of a BIRA report
  • 31 Time within which a BIRA must be completed
  • 32 Termination of a BIRA

Division 2--Reviews by the Inspector-General

  • 33 Purpose of this Division
  • 34 Person may request Inspector - General to review BIRA process
  • 35 Inspector - General must consider request for review
  • 36 Time within which review of BIRA process must be completed
  • 37 Draft BIRA review report
  • 38 Final BIRA review report
  • 39 Failure to comply with this Division does not affect validity of a BIRA review report

PART 5--PERMITS--TO BRING OR IMPORT GOODS INTO AUSTRALIAN TERRITORY

  • 40 Information that must be included in application for permit to bring or import conditionally non - prohibited goods into Australian territory
  • 41 Period for making decision on application for permit
  • 42 Extension of period for deciding application for permit--prescribed activities
  • 43 Maximum period within which requested information or documents must be given
  • 44 Varying or revoking conditions of, or imposing further conditions on, permit
  • 45 Variation, suspension or revocation of permit

CHAPTER 3--Managing biosecurity risks: conveyances

PART 1--PRE---ARRIVAL REPORTING

  • 46 Purpose of this Part
  • 47 Pre - arrival report--aircraft
  • 48 Pre - arrival report--vessels other than certain vessels travelling from certain areas in the Torres Strait
  • 49 Pre - arrival report--certain vessels travelling from certain areas in the Torres Strait
  • 50 Exceptions to requirement to give pre - arrival report--aircraft
  • 51 Exceptions to requirement to give pre - arrival report--vessels
  • 51A Requirements for further information--vessels

PART 2--CONVEYANCES--ENTERING AUSTRALIAN TERRITORY

  • 52 Conveyance becomes subject to biosecurity control if exposed to certain goods
  • 53 Persons on incoming aircraft or vessel required to provide information to assess level of biosecurity risk
  • 54 Biosecurity officer may require trap to be set in or on certain conveyances for monitoring or assessment purposes
  • 55 Person must comply with direction in relation to setting trap in or on conveyance for monitoring or assessment purposes

PART 3--FIRST--POINTS OF ENTRY

  • 56 Requirements that must be met before determining a landing place to be first point of entry
  • 57 Circumstances for variation and revocation of first point of entry determinations in relation to landing places
  • 58 Requirements that must be met before determining a port to be first point of entry
  • 59 Circumstances for variation and revocation of first point of entry determinations in relation to ports

CHAPTER 5--Managing biosecurity risks: monitoring, control and response

  • 78 Other biosecurity measures relating to goods or conveyances--export from Australian territory

CHAPTER 6--Approved arrangements

PART 1--APPROVAL--OF PROPOSED ARRANGEMENT

  • 79 Requirements for approving proposed arrangement
  • 80 Transfer of approved arrangement

PART 2--SUSPENSION--OF APPROVED ARRANGEMENT

  • 81 Requirements for request to suspend all or a part of an approved arrangement
  • 82 Period for making decision on request to suspend a part of an approved arrangement

PART 3--REVOCATION--OF APPROVED ARRANGEMENT

  • 83 Notice period for request to revoke approved arrangement

PART 4--GENERAL--PROVISIONS ABOUT APPLICATIONS

  • 84 Applications to which this Part applies
  • 85 Information to be included in applications
  • 86 Dealing with applications

CHAPTER 7--Compliance and enforcement

  • 87 Period for paying an amount under certain infringement notices given at a first point of entry
  • 88 Amount payable under certain infringement notices given at a first point of entry

CHAPTER 8--Governance and officials

PART 1--PRELIMINARY

  • 89 Purpose of this Chapter

PART 2--ANNUAL--REVIEW PROGRAM

  • 90 Annual review program
  • 91 Variation of annual review program
  • 92 When reviews are to be conducted

PART 3--PROCESS--FOR CONDUCTING REVIEW

  • 93 Inspector - General may invite submissions
  • 94 Submissions may be made publicly available
  • 95 Assistance from the Director of Biosecurity

PART 4--REVIEW--REPORTS

  • 96 Draft review report
  • 97 Final review report
  • 98 Certain material to be excluded from review reports
  • 99 Including criticism in review reports
  • 100 Failure to comply with this Chapter does not affect validity of a review report

PART 5--OTHER--MATTERS

  • 101 Information that would be prejudicial to the public interest
  • 102 Legal professional privilege
  • 103 Inspector - General to have regard to minimising disruption during review

CHAPTER 9--Miscellaneous

PART 2--COST--RECOVERY

Division 1--Fees

  • 105 Meaning of consignment
  • 106 Fees that may be charged in relation to fee - bearing activities
  • 106A Fee - bearing activities carried out in special processing areas
  • 107 When sections 106 and 106A do not apply
  • 107A Indexation of fees

Division 2--Payment of cost-recovery charges

  • 108 Time for payment of certain cost - recovery charges
  • 109 Person liable to pay certain cost - recovery charges
  • 110 Late payment fee for certain unpaid cost - recovery charges
  • 111 Person liable to pay late payment fee
  • 112 Agent's liability to pay certain cost - recovery charges

PART 3--COMPENSATION

  • 113 Compensation for certain animals destroyed at a post - entry quarantine facility
  • 114 Division of compensation between owners
  • 115 Amount of compensation

PART 4--MANAGING--BIOSECURITY RISKS: TORRES STRAIT

  • 116 References to geographical coordinates
  • 117 Permanent biosecurity monitoring zones
  • 118 Exemptions from the Act--goods or aircraft or vessels moving from the protected zone or the Torres Strait permanent biosecurity monitoring zone to another part of Australian territory
  • 119 Exemptions for Torres Strait treaty
  • 120 Protected zone area

CHAPTER 10--Transitional matters

  • 121 Amendments made by the Customs and Biosecurity Amendment (Deferred Charges for Australian Trusted Traders) Regulations 2021
  • 122 Amendments made by the Biosecurity Amendment (Extension of Non - prescribed Goods) Regulations 2022
  • 123 Amendments made by the Biosecurity Amendment (2022 Measures No. 1) Regulations 2022
  • 124 Amendments made by the Biosecurity Amendment (Fees) Regulations 2023

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