BIOSECURITY ACT 2015 (NO. 61, 2015)
Table of Provisions
CHAPTER 1--Preliminary
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Simplified outline of this Act
- 4 Objects of this Act
- 5 Appropriate Level of Protection (ALOP) for Australia against biosecurity risks
- 6 Act binds the Crown
- 7 Extension of Act to Christmas Island, Cocos (Keeling) Islands and other prescribed external Territories
- 8 Concurrent operation of State and Territory laws
PART 2--DEFINITIONS
- 9 Definitions
- 10 Meaning of approved arrangement
- 11 Meaning of associate
- 12 Meaning of Australian territory
- 13 Meaning of biosecurity entry point
- 14 Meaning of biosecurity industry participant and covered by
- 15 Meaning of commercial-in-confidence
- 16 Meaning of conveyance
- 17 Meaning of exposed to
- 18 Meaning of first point of entry
- 19 Meaning of goods
- 20 Meaning of installation
- 21 Meaning of operator of a conveyance
- 22 Meaning of person in charge
PART 3--CONSTITUTIONAL AND INTERNATIONAL LAW PROVISIONS
Division 1--Introduction
- 23 Simplified outline of this Part
Division 2--Constitutional and international law provisions
- 24 Severability
- 25 Application of this Act in relation to pests that are quarantine risks or invasive pests
- 26 Application of this Act in relation to invasive pests
- 27 Compensation for acquisition of property
- 28 Freedom of interstate trade, commerce and intercourse
- 29 Commonwealth not to give preference
- 30 Application of this Act to foreign aircraft and vessels
PART 4--PRINCIPLES AFFECTING DECISIONS TO EXERCISE CERTAIN POWERS
- 31 Simplified outline of this Part
- 32 The principles
CHAPTER 2--Managing biosecurity risks
PART 1--GENERAL PROTECTIONS AND LISTING HUMAN DISEASES
Division 1--Introduction
- 33 Simplified outline of this Part
Division 2--Protections
Subdivision A--General protections
- 34 The principles
- 35 No interference with urgent or life-threatening medical needs
Subdivision B--Protections for children or incapable persons
- 36 Child or incapable person may be accompanied
- 37 Officer to contact parent, guardian or next of kin of unaccompanied child or incapable person
- 38 Requirement to comply with direction
- 39 Parent, guardian or next of kin may authorise person to accompany child or incapable person
- 40 Giving consent
- 41 Exception for requiring an individual to remain at a place
Division 3--Listing human diseases
- 42 Listing human diseases
PART 2--PREVENTING RISKS TO HUMAN HEALTH
Division 1--Introduction
- 43 Simplified outline of this Part
Division 2--Entry and exit requirements
- 44 Entry requirements
- 45 Exit requirements
- 46 Civil penalties for failing to comply with certain entry and exit requirements
Division 3--Contact information for operators
- 47 Requirements for operators to provide 24/7 contact information
Division 4--Pratique
- 48 Positive pratique
- 49 Negative pratique
- 50 Pre-departure reporting
Division 5--Preventative biosecurity measures
- 51 Determining preventative biosecurity measures
- 52 Civil penalty for failing to comply with a preventative biosecurity measure
- 53 Requirements to destroy disease agents on incoming or outgoing aircraft or vessels
Division 6--Information gathering powers
- 54 Who may ask questions and require written information
- 55 Asking questions and requiring answers from particular individuals
- 56 Asking questions and requiring answers from any individual
- 57 Requiring an individual to provide written information
- 58 Offence for failing to comply with a requirement
PART 3--MANAGING RISKS TO HUMAN HEALTH: HUMAN BIOSECURITY CONTROL ORDERS
Division 1--Introduction
- 59 Simplified outline of this Part
Division 2--Imposing human biosecurity control orders on individuals
Subdivision A--Imposing, varying and revoking human biosecurity control orders
- 60 Imposing a human biosecurity control order on an individual
- 61 Contents of a human biosecurity control order
- 62 Form of a human biosecurity control order
- 63 Giving a human biosecurity control order to an individual
- 64 Varying a human biosecurity control order
- 65 Giving notice of a variation of a human biosecurity control order
- 66 Revoking a human biosecurity control order
- 67 Notifying Director of Human Biosecurity of imposition, variation or revocation of human biosecurity control order
Subdivision B--Powers if officer intends to impose human biosecurity control order
- 68 Requiring an individual to remain at a place
- 69 Providing contact information
- 70 Requirement for an individual to notify changes to contact information
Subdivision C--When an individual is required to comply with a biosecurity measure
- 71 Consenting to a biosecurity measure
- 72 Director of Human Biosecurity may give direction requiring compliance
- 73 When direction to comply with biosecurity measure ceases to be in force
- 74 When individual is required to comply with a biosecurity measure
Subdivision D--AAT review of isolation and traveller movement measures
- 75 Obligation on Director of Human Biosecurity relating to Administrative Appeals Tribunal application
- 76 Applications
- 77 Reasons and documents
- 78 Time period for making a decision
- 79 Limitation on Administrative Appeals Tribunal power to stay etc. decisions
Subdivision E--Other provisions relating to external review of isolation and traveller movement measures
- 80 Time period for making applications under the Administrative Decisions (Judicial Review) Act 1977
- 81 Judicial review of isolation and traveller movement measures
Division 3--Biosecurity measures that may be included in a human biosecurity control order
Subdivision A--General provisions relating to including biosecurity measures in a human biosecurity control order
- 82 Who can include a biosecurity measure in a human biosecurity control order
- 83 Informing individual of risks
- 84 Test for including a biosecurity measure in a human biosecurity control order
Subdivision B--Biosecurity measures that may be included in a human biosecurity control order
- 85 Managing contacts
- 86 Contacting officer with health status
- 87 Restricting behaviour
- 88 Risk minimisation interventions
- 89 Decontamination
- 90 Undergoing an examination
- 91 Requiring body samples for diagnosis
- 92 Receiving a vaccination or treatment
- 93 Receiving medication
- 94 Appropriate medical or other standards to be applied
- 95 No use of force to require compliance with certain biosecurity measures
- 96 Traveller movement measure
- 97 Isolation measure
Subdivision C--Provisions relating to traveller movement measures
- 98 Traveller movement measure alert
- 99 Content of traveller movement measure alert
- 100 Destruction of traveller movement measure alert
- 101 Prevention from leaving Australian territory
Division 4--Other provisions relating to human biosecurity control orders
Subdivision A--Consular assistance
- 102 Consular assistance
Subdivision B--Detention
- 103 Detention
- 104 Rules relating to detention
- 105 Release from detention
- 106 Offence for escaping from detention
Subdivision C--Miscellaneous
- 107 Offence for failing to comply with a human biosecurity control order
- 108 Expenses incurred in complying with human biosecurity control orders
PART 4--MANAGING RISKS TO HUMAN HEALTH: OTHER BIOSECURITY MEASURES
Division 1--Introduction
- 109 Simplified outline of this Part
Division 2--Managing deceased individuals
- 110 Human remains brought into Australian territory
- 111 Officer may give directions for managing human remains
- 112 Individuals who have died in transit or on arrival
Division 3--Human health response zones
- 113 Determining human health response zones
- 114 Consultation requirements
- 115 Notification requirements
- 116 Civil penalty for failing to comply with a requirement of a human health response zone determination
CHAPTER 3--Managing biosecurity risks
PART 1--GOODS BROUGHT INTO AUSTRALIAN TERRITORY
Division 1--Introduction
- 117 Simplified outline of this Part
- 118 Objects of this Part
Division 2--Goods are subject to biosecurity control
- 119 Goods brought into Australian territory are subject to biosecurity control
Division 3--Notice of goods to be unloaded in Australian territory
- 120 Notice must be given of goods to be unloaded in Australian territory
- 121 Notice of goods to be unloaded in Australian territory--requirement to give additional or corrected information
- 122 Power to obtain extra information relating to goods covered by a notice under section 120
Division 4--Assessment of level of biosecurity risk
- 123 Biosecurity risk assessment powers
- 124 Direction to secure goods
- 125 Inspecting goods and taking samples
- 126 Asking questions about goods
- 127 Requiring documents relating to goods to be produced
- 128 Movement of goods
- 129 Biosecurity control notice may be affixed to goods or given to person in charge of goods
- 130 Unauthorised persons must not move etc. goods in relation to which direction has been given or notice has been affixed
Division 5--Biosecurity measures to manage unacceptable level of biosecurity risk
- 131 Biosecurity measures may be required in relation to goods
- 132 Movement of goods
- 133 Treatment of goods
- 134 Treatment that may damage goods
- 135 Export of goods
- 136 Destruction of goods
- 137 Regulations may provide for other biosecurity measures
- 138 Powers of biosecurity officer if biosecurity measures are required
- 139 Biosecurity officer may affix notice to goods
- 140 Person must comply with direction to take biosecurity measures
- 141 Unauthorised persons must not move etc. goods to which notice has been affixed
Division 6--Unloading goods at landing places or ports
- 142 Application of this Division
- 143 Person in charge may allow goods to be unloaded from aircraft or vessel subject to direction etc.
- 144 Person may unload goods from aircraft or vessel subject to direction etc.
- 145 Goods must not be unloaded except at first point of entry for those goods or with permission
- 146 Permission to unload goods at landing place or port other than first point of entry for those goods
- 147 Goods must be brought to biosecurity entry point for those goods at first point of entry
- 148 Permission to bring goods to alternative biosecurity entry point
- 149 Receiving or possessing goods unloaded from aircraft or vessel in contravention of this Division
Division 7--Unloading goods from vessel displaying prescribed quarantine signal
- 150 Application of this Division
- 151 Unloading goods from vessel displaying prescribed quarantine signal
- 152 Receiving or possessing goods unloaded from vessel displaying prescribed quarantine signal
Division 8--Reporting biosecurity incidents
- 153 Application of this Division
- 154 Director of Biosecurity may determine acts, omissions or events to be reportable biosecurity incidents
- 155 Reporting by person in charge of aircraft or vessel carrying goods
- 156 Reporting by person in charge of goods
- 157 How reports must be made
Division 9--Goods exposed to goods that are subject to biosecurity control
- 158 Application of this Division
- 159 Assessment and management of biosecurity risk associated with exposed goods
- 160 Exposed goods orders
- 161 Effect of exposed goods order
Division 10--Release of goods from biosecurity control
- 162 When goods brought into Australian territory are released from biosecurity control
- 163 Notice releasing goods from biosecurity control
- 164 Revoking notice releasing goods from biosecurity control
PART 2--BIOSECURITY IMPORT RISK ANALYSES
Division 1--Introduction
- 165 Simplified outline of this Part
Division 2--Biosecurity Import Risk Analyses
- 166 What is a Biosecurity Import Risk Analysis (BIRA)
- 167 Director of Biosecurity may conduct a BIRA
- 168 Agriculture Minister may direct Director of Biosecurity to commence a BIRA
- 169 Process for conducting a BIRA
- 170 Reports
PART 3--PROHIBITED GOODS ETC.
Division 1--Introduction
- 171 Simplified outline of this Part
- 172 Exclusion of State and Territory laws
Division 2--Prohibited goods and conditionally non-prohibited goods
- 173 Prohibited goods
- 174 Conditionally non-prohibited goods
- 175 Security may be required in relation to conditionally non-prohibited goods
Division 3--Permits to bring or import goods into Australian territory
- 176 Application of this Division
- 177 Person may apply for permit
- 178 Dealing with application
- 179 Director of Biosecurity may grant permit
- 180 Conditions of permit
- 181 Variation, suspension or revocation of permit
Division 4--Suspended goods
- 182 Director of Biosecurity may suspend bringing or importation of goods into Australian territory for a period
- 183 Variation of determination suspending bringing or importation of goods into Australian territory
- 184 Effect on permit of suspended goods determination
Division 5--Offences and civil penalty provisions
- 185 Bringing or importing prohibited or suspended goods into Australian territory
- 186 Contravening conditions applying to conditionally non-prohibited goods brought or imported into Australian territory
- 187 Contravening conditions of a permit
- 188 Receiving or possessing prohibited or suspended goods brought or imported into Australian territory
CHAPTER 4--Managing biosecurity risks
PART 1--INTRODUCTION
- 189 Objects of this Chapter
PART 2--CONVEYANCES ENTERING AUSTRALIAN TERRITORY ETC.
Division 1--Introduction
- 190 Simplified outline of this Part
Division 2--Conveyances that are subject to biosecurity control
- 191 Aircraft and vessels entering Australian territory
- 192 Conveyances exposed to other conveyances that are subject to biosecurity control
Division 3--Pre-arrival reporting etc
- 193 Pre-arrival reporting
- 194 Pre-arrival reporting--requirement to give additional or corrected information
- 195 Power to obtain extra information relating to an aircraft or vessel covered by a pre-arrival report
- 196 Persons on incoming aircraft or vessel may be required to provide information to assess biosecurity risk
Division 4--Assessment of level of biosecurity risk
- 197 Biosecurity risk assessment powers
- 198 Securing conveyance
- 199 Inspecting conveyance
- 200 Asking questions about conveyance
- 201 Requiring documents relating to conveyance to be produced
- 202 Movement of conveyance
- 203 Biosecurity control notice may be affixed to conveyance or given to person in charge of conveyance
- 204 Unauthorised persons must not move etc. conveyance in relation to which direction has been given
Division 5--Biosecurity measures to manage unacceptable level of biosecurity risk
- 205 Biosecurity measures may be required in relation to conveyance
- 206 Movement of certain aircraft and vessels
- 207 Movement of exposed conveyances
- 208 Treatment of conveyance
- 209 Treatment that may damage conveyance
- 210 Destruction of conveyance
- 211 Conveyance must not be destroyed during review period
- 212 Regulations may provide for other biosecurity measures
- 213 Powers of biosecurity officer if biosecurity measures are required
- 214 Biosecurity officer may affix notice to conveyance
- 215 Person must comply with direction to take biosecurity measures
- 216 Unauthorised persons must not move etc. conveyance in relation to which biosecurity measures have been required
Division 6--Leaving conveyances
- 217 Person in charge of conveyance may leave conveyance unless directed not to do so
Division 7--Release of conveyances from biosecurity control
- 218 When conveyance is released from biosecurity control
- 219 Notice releasing conveyance from biosecurity control
Division 8--Miscellaneous
- 220 Information about biosecurity requirements must be given to persons on board incoming aircraft or vessels
- 221 Quarantine signal
PART 3--FIRST POINTS OF ENTRY AND BIOSECURITY ENTRY POINTS
Division 1--Introduction
- 222 Simplified outline of this Part
Division 2--First points of entry and biosecurity entry points for incoming aircraft and goods
- 223 Determination of landing places that are first points of entry for aircraft or goods that are subject to biosecurity control
- 224 Biosecurity entry points for aircraft and goods that are subject to biosecurity control
- 225 Determination may be subject to conditions
- 226 Determination may have effect for specified period
- 227 Variation and revocation of determination etc.
- 228 Determination is a legislative instrument
Division 3--First points of entry and biosecurity entry points for incoming vessels and goods
- 229 Determination of ports that are first points of entry for vessels or goods that are subject to biosecurity control
- 230 Biosecurity entry points for vessels and goods that are subject to biosecurity control
- 231 Determination may be subject to conditions
- 232 Determination may have effect for specified period
- 233 Variation and revocation of determination etc.
- 234 Determination is a legislative instrument
PART 4--ENTRY POINTS FOR INCOMING AIRCRAFT AND VESSELS
Division 1--Introduction
- 235 Simplified outline of this Part
Division 2--Entry points for aircraft that intend to land in Australian territory
- 236 Application of this Division
- 237 Aircraft must land at first point of entry
- 238 Aircraft must be brought to relevant biosecurity entry point (if any) at first point of entry
- 239 Permission for aircraft to land at landing place that is not first point of entry for aircraft
- 240 Direction requiring aircraft to land, or not to land, at specified landing place
- 241 Direction requiring aircraft not to land at any landing place in Australian territory
- 242 Direction requiring aircraft to land, or not to land, at specified landing place--management of human health risks
- 243 Person who is given direction must comply with it
Division 3--Entry points for vessels that intend to be moored in Australian territory
- 244 Application of this Division
- 245 Vessel must be moored at first point of entry
- 246 Vessel must be brought to relevant biosecurity entry point (if any) at first point of entry
- 247 Permission for vessel to be moored at port that is not first point of entry for vessel
- 248 Direction requiring vessel to be moored, or not to be moored, at specified port
- 249 Direction requiring vessel not to be moored at any port in Australian territory
- 250 Direction requiring vessel to be moored, or not to be moored, at specified port--management of human health risks
- 251 Person who is given direction must comply with it
Division 4--Miscellaneous
- 252 Biosecurity officer etc. may enter landing places or ports
PART 5--SHIP SANITATION
Division 1--Introduction
- 253 Simplified outline of this Part
Division 2--Ship sanitation
- 254 Application of this Division
- 255 Regulations may prescribe scheme in relation to ship sanitation
- 256 Declaring ports at which vessels may be inspected for the purposes of the scheme
- 257 Assessing and managing sanitation health risks
CHAPTER 5--Ballast water and sediment
PART 1--APPLICATION AND INTERPRETATION
Division 1--Introduction
- 258 Simplified outline of this Part
Division 2--Application and interpretation
- 259 Extension of Chapter to every external Territory
- 260 Vessels in dry dock in Australia
- 261 Foreign vessels in waters adjacent to Australian Antarctic Territory
- 262 References to the person in charge of a vessel do not include persons exercising certain powers
- 263 Permanent ballast water in sealed tanks not subject to this Chapter
- 264 Relationship with other Commonwealth laws
- 265 Relationship with State and Territory laws
PART 2--NOTICE OF DISCHARGE OF BALLAST WATER IN AUSTRALIAN SEAS
Division 1--Introduction
- 266 Simplified outline of this Part
Division 2--Reporting ballast water discharges
- 267 Reporting ballast water discharges in Australian seas
- 268 Reporting ballast water discharges in Australian seas--requirement to give additional or corrected information
PART 3--MANAGEMENT OF DISCHARGE OF BALLAST WATER
Division 1--Introduction
- 269 Simplified outline of this Part
Division 2--Offence of discharging ballast water
- 270 Offence--discharging ballast water in Australian seas
Division 3--Exceptions
Subdivision A--Exception
- 271 Exception--ballast water has been managed for discharge
Subdivision B--Methods of ballast water management
- 272 Approved method of ballast water management
- 273 Method of ballast water management--application for approval
- 274 Method of ballast water management--approval of method approved by foreign country
Subdivision C--Ballast water exchange
- 275 Management by ballast water exchange
Division 4--Exception
- 276 Exception--discharge as part of acceptable ballast water exchange
Division 5--Exception
- 277 Exception--approved discharge to ballast water reception facility
- 278 Discharge to ballast water reception facility--application for approval
Division 6--Exception
- 279 Exception--discharge covered by exemption
- 280 Director of Biosecurity may grant exemptions
- 281 Variation and revocation of exemption
Division 7--Exception
- 282 Exception--taking up and discharging ballast water at same place
Division 8--Exceptions and reporting requirements relating to safety, accidents and pollution
- 283 Exceptions--safety, accidents and pollution
- 284 Report of discharge relating to safety, accident or pollution
PART 4--BALLAST WATER MANAGEMENT PLANS AND BALLAST WATER MANAGEMENT CERTIFICATES
Division 1--Introduction
- 285 Simplified outline of this Part
Division 2--Ballast water management plans
- 286 Ballast water management plan
- 287 Approval of ballast water management plan for Australian vessel
Division 3--Ballast water management certificates
- 288 Ballast water management certificate
- 289 Director of Biosecurity may authorise person to be survey authority
- 290 Issue or endorsement etc. of ballast water management certificate on behalf of the Commonwealth
PART 5--BALLAST WATER RECORDS
Division 1--Introduction
- 291 Simplified outline of this Part
Division 2--Australian vessels
- 292 Australian vessel must have ballast water record system
- 293 Recording ballast water operations and disposal of sediment
- 294 Records must be retained
- 295 Appropriate ballast water records for Australian vessel
Division 3--Foreign vessels
- 296 Appropriate ballast water records for foreign vessel
PART 6--OFFENCE OF DISPOSING OF SEDIMENT
Division 1--Introduction
- 297 Simplified outline of this Part
Division 2--Offence of disposing of sediment
- 298 Offence--disposing of sediment in Australian seas
- 299 Exceptions--safety, accidents and pollution
PART 7--COMPLIANCE AND ENFORCEMENT
Division 1--Introduction
- 300 Simplified outline of this Part
Division 2--Power to require owner of Australian vessel to provide ballast water records
- 301 Power to require owner of Australian vessel to provide ballast water records
Division 3--Directions powers
- 302 Directions not to discharge ballast water
- 303 Directions about movement of vessel
- 304 Directions about movement of vessel--variation or revocation
- 305 Offence--contravening a direction
- 306 Manner of giving directions etc.
PART 8--MISCELLANEOUS
- 307 Compensation for undue detention or delay of vessel
- 308 Prescribing matters by reference to other instruments
CHAPTER 6--Managing biosecurity risks
PART 1--INTRODUCTION
- 309 Simplified outline of this Part
- 310 Modified meaning of biosecurity risk
- 311 Objects of this Chapter
- 312 Application of this Chapter
PART 2--ASSESSMENT OF LEVEL OF BIOSECURITY RISK
Division 1--Introduction
- 313 Simplified outline of this Part
Division 2--Circumstances in which biosecurity risk assessment powers may be exercised
- 314 Reasonable suspicion that disease or pest may pose unacceptable level of biosecurity risk
- 315 Exercise of biosecurity risk assessment powers in premises
Division 3--Biosecurity risk assessment powers
- 316 Application of this Division
- 317 Direction to secure goods or conveyance
- 318 Inspections and taking samples of goods or premises
- 319 Asking questions about goods or premises
- 320 Requiring documents relating to goods or premises to be produced
- 321 Movement of goods or conveyance
- 322 Biosecurity officer may affix notice to goods or conveyance
- 323 Unauthorised persons must not move etc. goods or conveyance to which notice has been affixed
- 324 Operating electronic equipment on premises
- 325 Expert assistance to operate electronic equipment
- 326 Compensation for damage to electronic equipment
Division 4--Offences
- 327 Contravention of direction
- 328 Contravention of requirement to answer questions etc.
- 329 Contravention of requirement to produce documents
- 330 Unauthorised persons must not move etc. goods or conveyance to which notice has been affixed
PART 3--BIOSECURITY MEASURES TO MANAGE UNACCEPTABLE LEVEL OF BIOSECURITY RISK
Division 1--Introduction
- 331 Simplified outline of this Part
Division 2--Powers that may be exercised
Subdivision A--Circumstances in which powers may be exercised
- 332 Circumstances in which powers set out in this Division may be exercised
Subdivision B--Powers relating to entry to and exit from premises
- 333 Entry and exit etc. requirements--persons
- 334 Entry and exit etc. requirements--goods and conveyances
Subdivision C--Powers relating to treatment of goods, conveyances and other premises
- 335 Treatment of goods
- 336 Treatment that may damage goods
- 337 Treatment of conveyance
- 338 Treatment that may damage conveyance
- 339 Treatment of premises (other than a conveyance)
- 340 Treatment that may damage premises (other than a conveyance)
- 341 Dealing with premises (other than a conveyance) if owner does not agree to treatment etc.
Subdivision D--Powers relating to destruction of goods, conveyances and other premises
- 342 Destruction of goods
- 343 Destruction of conveyance
- 344 Destruction of premises
- 345 High-value goods, conveyances or premises must not be destroyed during review period
Division 3--Powers provided by regulations
- 346 Regulations may provide for other biosecurity measures
Division 4--Other powers
- 347 Powers of biosecurity officer if biosecurity measures are required
- 348 Biosecurity officer may affix notice to goods or premises
Division 5--Offences and civil penalty provisions
- 349 Contravention of requirement relating to entering or leaving etc. premises
- 350 Person must comply with direction
- 351 Unauthorised persons must not move etc. goods or conveyance to which notice has been affixed
PART 4--BIOSECURITY CONTROL ORDERS
Division 1--Introduction
- 352 Simplified outline of this Part
Division 2--Making, varying and revoking biosecurity control orders
- 353 Director of Biosecurity may make biosecurity control order to manage unacceptable level of biosecurity risk
- 354 Content of a biosecurity control order
- 355 Form of biosecurity control order
- 356 Biosecurity control order to be given to person in charge etc. of goods or premises or affixed to goods or premises
- 357 Circumstances in which biosecurity control order ceases to be in force
- 358 Variation of biosecurity control order
- 359 Revocation of biosecurity control order
Division 3--Powers that may be exercised under biosecurity control order
- 360 Powers that may be exercised--general
- 361 Exercise of powers in premises
- 362 Power to secure goods or premises to deal with another disease or pest
Division 4--Civil penalty provision
- 363 Unauthorised persons must not interfere with etc. biosecurity control order affixed to goods or premises
PART 5--BIOSECURITY RESPONSE ZONES
Division 1--Introduction
- 364 Simplified outline of this Part
Division 2--Biosecurity response zone determinations
- 365 Director of Biosecurity may determine biosecurity response zone
- 366 Content of a biosecurity response zone determination
- 367 Additional powers that may be specified in a biosecurity response zone determination
- 368 Consultation requirements
- 369 Notification requirements
Division 3--Powers that may be exercised in biosecurity response zones
- 370 Powers that may be exercised--general
- 371 Exercise of powers in premises
- 372 Power to secure goods or premises to deal with another disease or pest
Division 4--Offences and civil penalty provisions
- 373 Unauthorised persons must not interfere with etc. notices or markings identifying biosecurity response zone
- 374 Unauthorised persons must not interfere with etc. notices or markings identifying goods or premises in a biosecurity response zone
- 375 Person must comply with direction
- 376 Unauthorised persons must not interfere with etc. equipment etc. set up in biosecurity response zone
PART 6--BIOSECURITY MONITORING ZONES
Division 1--Introduction
- 377 Simplified outline of this Part
Division 2--Permanent biosecurity monitoring zones
Subdivision A--Areas that are permanent biosecurity monitoring zones
- 378 Permanent biosecurity monitoring zones
Subdivision B--Powers that may be exercised in permanent biosecurity monitoring zones
- 379 Powers that may be exercised--general
- 380 Exercise of powers in premises
Subdivision C--Civil penalty provisions
- 381 Unauthorised persons must not interfere with etc. notices or markings identifying permanent biosecurity monitoring zone
- 382 Unauthorised persons must not interfere with etc. notices or markings identifying goods or premises in a permanent biosecurity monitoring zone
- 383 Unauthorised persons must not interfere with etc. equipment etc. set up in permanent biosecurity monitoring zone
Division 3--Temporary biosecurity monitoring zones
Subdivision A--Temporary biosecurity monitoring zone determinations
- 384 Director of Biosecurity may determine temporary biosecurity monitoring zone
- 385 Content of a temporary biosecurity monitoring zone determination
- 386 Additional powers that may be specified in a temporary biosecurity monitoring zone determination
- 387 Consultation requirements
- 388 Notification requirements
Subdivision B--Powers that may be exercised in temporary biosecurity monitoring zones
- 389 Powers that may be exercised--general
- 390 Exercise of powers in premises
Subdivision C--Civil penalty provisions
- 391 Unauthorised persons must not interfere with etc. notices or markings identifying temporary biosecurity monitoring zone
- 392 Unauthorised persons must not interfere with etc. notices or markings identifying goods or premises in temporary biosecurity monitoring zone
- 393 Unauthorised persons must not interfere with etc. equipment etc. set up in temporary biosecurity monitoring zone
PART 7--BIOSECURITY ACTIVITY ZONES
Division 1--Introduction
- 394 Simplified outline of this Part
Division 2--Biosecurity activity zone determinations
- 395 Director of Biosecurity may determine biosecurity activity zone
- 396 Consultation requirements
- 397 Notification requirements
- 398 Revocation of biosecurity activity zone determination
Division 3--Powers that may be exercised in biosecurity activity zones
- 399 Powers that may be exercised
- 400 Use of force
Division 4--Offences and civil penalty provisions
- 401 Unauthorised persons must not interfere with etc. notices or markings identifying biosecurity activity zone
- 402 Unauthorised persons must not interfere with etc. notices or markings identifying goods or premises in a biosecurity activity zone
- 403 Person must comply with direction
CHAPTER 7--Approved arrangements
PART 1--INTRODUCTION
- 404 Simplified outline of this Chapter
PART 2--APPROVAL OF PROPOSED ARRANGEMENT
- 405 Person may apply to relevant Director for approval of proposed arrangement to carry out biosecurity activities
- 406 Relevant Director must decide whether or not to approve proposed arrangement
- 407 Proposed arrangement may be approved subject to condition requiring security to be given
- 408 Notice of decision
- 409 Period of effect of approved arrangement
- 410 Restrictions on applications for approval of proposed arrangements etc.
- 411 Transfer of approved arrangement
PART 3--VARIATION OF APPROVED ARRANGEMENT
Division 1--Application by biosecurity industry participant
- 412 Application for approval of varied arrangement
Division 2--Variation required by relevant Director
- 413 Relevant Director may vary or require variation of approved arrangement
- 414 Notice varying conditions of approved arrangement
- 415 Date of effect of variation of conditions of approved arrangement
- 416 Notice requiring approved arrangement to be varied
PART 4--SUSPENSION OF APPROVED ARRANGEMENT
Division 1--Suspension requested by biosecurity industry participant
- 417 Biosecurity industry participant may request relevant Director to suspend all or part of approved arrangement
Division 2--Suspension by relevant Director
- 418 Relevant Director may suspend approved arrangement
- 419 Notice of suspension
- 420 Period of suspension
Division 3--Management of biosecurity risks during suspension
- 421 Management of biosecurity risks during suspension
PART 5--REVOCATION OF APPROVED ARRANGEMENT
Division 1--Revocation requested by biosecurity industry participant
- 422 Biosecurity industry participant may request relevant Director to revoke approved arrangement
Division 2--Revocation by relevant Director
- 423 Relevant Director may revoke approved arrangement
- 424 Notice of revocation
- 425 Date of effect of revocation
Division 3--Management of biosecurity risks after revocation
- 426 Management of biosecurity risks after revocation
PART 6--POWERS AND OBLIGATIONS OF BIOSECURITY INDUSTRY PARTICIPANTS
Division 1--General
- 427 Authorisation to carry out biosecurity activities in accordance with approved arrangement
- 428 Biosecurity industry participant must carry out biosecurity activities in accordance with approved arrangement etc.
- 429 Biosecurity officer may give direction to biosecurity industry participant to manage biosecurity risks
- 430 Biosecurity industry participant may charge fee in relation to biosecurity activities carried out
Division 2--Biosecurity incidents
- 431 Reporting biosecurity incidents
- 432 Costs of dealing with biosecurity incidents
PART 7--OTHER PROVISIONS
Division 1--Applications for approval
- 433 Applications to which this Division applies
- 434 Requirements for applications
- 435 Dealing with applications
Division 2--Audit powers
- 436 Relevant Director may require audit to be carried out
- 437 Powers of auditors
Division 3--Miscellaneous
- 438 Giving false or misleading information to a biosecurity industry participant
- 439 Giving false or misleading documents to a biosecurity industry participant
- 440 Obstruction or hindrance of person acting in accordance with approved arrangement
- 441 Protection from civil proceedings
CHAPTER 8--Biosecurity emergencies and human biosecurity emergencies
PART 1--BIOSECURITY EMERGENCIES
Division 1--Introduction
- 442 Simplified outline of this Part
Division 2--Declaration of biosecurity emergency
- 443 Governor-General may declare that a biosecurity emergency exists
- 444 Governor-General may extend biosecurity emergency period
Division 3--Emergency requirements, directions and actions
- 445 Agriculture Minister may determine emergency requirements during biosecurity emergencies
- 446 Agriculture Minister may give directions and take actions during biosecurity emergencies
- 447 Limits on power to give directions and take actions
- 448 Limit on requiring individuals to be subject to certain biosecurity measures
- 449 Person must comply with emergency requirements and directions
- 450 Asking questions relating to biosecurity emergencies
- 451 Requiring documents relating to biosecurity emergencies
Division 4--National response agencies
- 452 Agriculture Minister may declare national response agency
- 453 Agriculture Minister may delegate certain emergency powers
- 454 Executive head of national response agency may subdelegate certain emergency powers
- 455 Delegation does not limit other powers
- 456 Notice may be affixed to goods or a conveyance
- 457 Moving or interfering with goods or conveyance
Division 5--Exercise of powers during biosecurity emergencies
- 458 Modification of this Act during biosecurity emergencies
- 459 Biosecurity risk assessment powers
- 460 Application of offences during emergencies
- 461 Biosecurity control orders--making orders
- 462 Biosecurity control orders--varying orders
- 463 Biosecurity control orders--revoking orders
- 464 Modification of Part 4 of Chapter 6 in relation to biosecurity control orders
- 465 Biosecurity response zones
- 466 Setting traps and setting up equipment and other structures
- 467 Notice requirements during biosecurity emergencies
- 468 Other biosecurity measures during biosecurity emergencies
- 469 Merits review during biosecurity emergencies
Division 6--Entry to premises without warrant or consent during biosecurity emergencies
- 470 Entry to premises without warrant or consent during biosecurity emergencies
- 471 Modification of Chapter 6
- 472 Entry to adjacent premises without warrant or consent during biosecurity emergencies
PART 2--HUMAN BIOSECURITY EMERGENCIES
Division 1--Introduction
- 473 Simplified outline of this Part
Division 2--Human biosecurity emergency powers
- 474 Health Minister to exercise human biosecurity emergency powers personally
- 475 Governor-General may declare that a human biosecurity emergency exists
- 476 Governor-General may extend a human biosecurity emergency period
- 477 Health Minister may determine emergency requirements during human biosecurity emergency period
- 478 Health Minister may give directions during human biosecurity emergency period
- 479 Person must comply with emergency requirements and directions
CHAPTER 9--Compliance and enforcement
PART 1--MONITORING
Division 1--Introduction
- 480 Simplified outline of this Part
Division 2--Monitoring under Part 2 of the Regulatory Powers Act
- 481 Basic monitoring powers under Part 2 of the Regulatory Powers Act
- 482 Modifications of Part 2 of the Regulatory Powers Act
PART 2--INVESTIGATION
Division 1--Introduction
- 483 Simplified outline of this Part
Division 2--Investigating under Part 3 of the Regulatory Powers Act
- 484 Basic investigation powers under Part 3 of the Regulatory Powers Act
- 485 Modifications of Part 3 of the Regulatory Powers Act
PART 3--WARRANTS FOR PURPOSES OTHER THAN MONITORING AND INVESTIGATION
Division 1--Introduction
- 486 Simplified outline of this Part
Division 2--Issue of warrants
Subdivision A--Ordinary issue of warrants
- 487 Warrants this Subdivision applies to
- 488 Application and issue of warrant
- 489 Test to be met for issue of warrant
- 490 Content of warrant
Subdivision B--Issue of certain warrants by telephone, fax etc
- 491 Application of this Subdivision to certain warrants
- 492 Issue of certain warrants by telephone, fax etc.
- 493 Authority of warrant
- 494 Fault-based offence relating to warrants by telephone, fax etc.
Division 3--Executing warrants relating to aircraft or vessels
- 495 Executing warrants relating to aircraft or vessels
PART 4--GENERAL RULES ABOUT ENTRY TO PREMISES UNDER A WARRANT OR CONSENT
Division 1--Introduction
- 496 Simplified outline of this Part
Division 2--Entering adjacent premises to gain access to other premises
- 497 Meaning of premises
- 498 Entering adjacent premises to gain access to other premises
- 499 Entry under adjacent premises warrants
Division 3--Obligations and powers of biosecurity enforcement officers
Subdivision A--Obligations relating to consent
- 500 Consent
Subdivision B--Obligations and powers relating to warrants
- 501 Warrants this Subdivision applies to
- 502 Announcement before execution of warrant
- 503 Biosecurity enforcement officer to be in possession of warrant
- 504 Details of warrant etc. to be provided
- 505 Use of force in executing a warrant
Division 4--Appropriate person's rights and responsibilities relating to warrants
- 506 Warrants this Division applies to
- 507 Appropriate person's right to observe execution of warrant
- 508 Appropriate person to provide facilities and assistance
PART 5--ENTERING AND EXERCISING POWERS ON PREMISES WITHOUT A WARRANT OR CONSENT
Division 1--Introduction
- 509 Simplified outline of this Part
Division 2--Monitoring and searching relevant premises
- 510 Meaning of relevant premises
- 511 Monitoring relevant premises
- 512 Offence-related searches and seizures
Division 3--Powers, rights and responsibilities relating to entry
Subdivision A--Application of this Division
- 513 Application of this Division
Subdivision B--Obligations and powers of biosecurity enforcement officers in entering premises
- 514 Announcement before entry
- 515 Use of force in entering premises
Subdivision C--Appropriate person's rights and responsibilities on entry
- 516 Appropriate person is entitled to observe exercise of powers
- 517 Appropriate person to provide officers etc. with facilities and assistance
PART 6--CIVIL PENALTIES
Division 1--Introduction
- 518 Simplified outline of this Part
Division 2--Civil penalties under Part 4 of the Regulatory Powers Act
- 519 Basic operation of civil penalties under Part 4 of the Regulatory Powers Act
- 520 Modifications of Part 4 of the Regulatory Powers Act
Division 3--Civil penalties for executive officers of bodies corporate
- 521 Civil penalties for executive officers of bodies corporate
PART 7--INFRINGEMENT NOTICES
Division 1--Introduction
- 522 Simplified outline of this Part
Division 2--Infringement notices under Part 5 of the Regulatory Powers Act
- 523 Basic provisions for infringement notices under Part 5 of the Regulatory Powers Act
- 524 Modifications of Part 5 of the Regulatory Powers Act
PART 8--ENFORCEABLE UNDERTAKINGS
Division 1--Introduction
- 525 Simplified outline of this Part
Division 2--Accepting and enforcing undertakings under Part 6 of the Regulatory Powers Act
- 526 Enforceable undertakings
PART 9--INJUNCTIONS
Division 1--Introduction
- 527 Simplified outline of this Part
Division 2--Injunctions under Part 7 of the Regulatory Powers Act
PART 10--MISCELLANEOUS
Division 1--Introduction
- 529 Simplified outline of this Part
Division 2--Fit and proper person test
- 530 Fit and proper person test
Division 3--Personal information for applications
- 531 Personal information for applications
Division 4--Civil penalty provisions for false or misleading information or documents
- 532 Civil penalty provision for false or misleading information
- 533 Civil penalty provision for false or misleading documents
Division 5--General rules about offences and civil penalty provisions
- 534 Physical elements of offences
- 535 Contravening offence and civil penalty provisions
Division 6--Miscellaneous
- 536 Persons assisting biosecurity officers or biosecurity enforcement officers
- 537 Powers of issuing officers
- 538 Judicial review of directions to secure goods or conveyances
CHAPTER 10--Governance and officials
PART 1--INTRODUCTION
- 539 Simplified outline of this Chapter
PART 2--DIRECTOR OF BIOSECURITY
- 540 Director of Biosecurity
- 541 Functions and powers of Director of Biosecurity
- 542 Delegation and subdelegation
- 543 Agriculture Minister may give general directions to Director of Biosecurity
PART 3--DIRECTOR OF HUMAN BIOSECURITY
- 544 Director of Human Biosecurity
PART 4--BIOSECURITY OFFICERS AND BIOSECURITY ENFORCEMENT OFFICERS
Division 1--Authorisation
Subdivision A--Authorisation by Director of Biosecurity
- 545 Authorisation by Director of Biosecurity of persons as biosecurity officers
- 546 Authorisation by Director of Biosecurity of persons as biosecurity enforcement officers
- 547 Arrangements for State or Territory officers or employees to be biosecurity officers or biosecurity enforcement officers
Subdivision B--Authorisation by Director of Human Biosecurity
- 548 Authorisation by Director of Human Biosecurity of persons as biosecurity enforcement officers
- 549 Arrangements for State or Territory officers or employees to be biosecurity enforcement officers
Division 2--Functions and powers
Subdivision A--General
- 550 Functions and powers of biosecurity officers
- 551 Functions and powers of biosecurity enforcement officers
- 552 Directions to assist persons performing functions etc. under this Act
- 553 Biosecurity officers and biosecurity enforcement officers may be assisted by animals
- 554 Carrying out tests on samples
- 555 Biosecurity officer may direct person in charge of conveyance to permit biosecurity officer to board
- 556 Powers that may be exercised by biosecurity officer after boarding a conveyance
- 557 Biosecurity officer may give permission to engage in certain conduct
Subdivision B--Decontamination
- 558 Decontaminating an individual
- 559 Direction to individual to be decontaminated
- 560 Decontaminating clothing and personal effects
- 561 Other protections in relation to decontamination
PART 5--CHIEF HUMAN BIOSECURITY OFFICERS AND HUMAN BIOSECURITY OFFICERS
Division 1--Authorisation
- 562 Authorisation of chief human biosecurity officers
- 563 Authorisation of human biosecurity officers
- 564 Arrangements for State or Territory officers or employees to be chief human biosecurity officers or human biosecurity officers
Division 2--Functions and powers
- 565 Functions and powers of chief human biosecurity officers
- 566 Functions and powers of human biosecurity officers
PART 6--INSPECTOR-GENERAL OF BIOSECURITY
Division 1--Inspector-General of Biosecurity
- 566A Inspector-General of Biosecurity
- 566B Term of office
- 566C Remuneration
- 566D Leave of absence for full-time Inspector-General
- 566E Engaging in other paid employment
- 566F Other terms and conditions
- 566G Resignation
- 566H Termination of appointment
- 566J Acting appointments
Division 2--Reviews by the Inspector-General
- 567 Inspector-General may review administration of provisions
- 568 Inspector-General may require information etc. for review
PART 7--MISCELLANEOUS
- 569 Identity cards--biosecurity officers etc.
- 570 Identity cards--human biosecurity officers etc.
- 571 Offence--failure to return identity card
- 572 General provisions relating to directions
CHAPTER 11--Miscellaneous
PART 1--REVIEW OF DECISIONS
Division 1--Introduction
- 573 Simplified outline of this Part
Division 2--Review of decisions
- 574 Reviewable decisions
- 575 Notice of decision
- 576 Internal review of reviewable decisions
- 577 Director of Biosecurity may require further information from applicants
- 578 Review by the Administrative Appeals Tribunal
PART 2--CONFIDENTIALITY OF INFORMATION
Division 1--Introduction
- 579 Simplified outline of this Part
Division 2--Confidentiality of information
- 580 Disclosure of protected information
- 581 Use in accordance with section 580 does not contravene laws etc.
- 582 Authorisation to use information for purposes of proceedings
- 583 Authorisation to use information that is also received from another source, and use of information by prescribed agencies
- 584 Authorisation to use information required by another law
- 585 Offence relating to protected information
- 586 Exception for use of information in good faith
- 587 Exception for person who does not know that information is commercial-in-confidence
- 588 Exception for disclosing to the person to whom information relates, or if the person to whom information relates consents
- 589 Exception for disclosure to person who provided the information
- 590 Annual report
PART 3--COST RECOVERY
Division 1--Introduction
- 591 Simplified outline of this Part
Division 2--Fees
- 592 Fees and other rules for fee-bearing activities
Division 3--Payment of cost-recovery charges
- 593 Paying cost-recovery charges
- 594 Notional payments by the Commonwealth
Division 4--Unpaid cost-recovery charges
Subdivision A--General
- 595 Late payment fee
- 596 Recovery of cost-recovery charges
- 597 Suspending or revoking permits etc. because of unpaid cost-recovery charges
Subdivision B--Dealing with goods to recover unpaid cost-recovery charges
- 598 Creation of charge on goods
- 599 Effect of charge on goods
- 600 Biosecurity officer may withhold goods that are subject to charge
- 601 Moving or interfering with withheld goods
- 602 When goods stop being withheld
- 603 Sale of withheld goods
Subdivision C--Dealing with a conveyance to recover unpaid cost-recovery charge
- 604 Creation of charge on conveyance
- 605 Effect of charge on conveyance
- 606 Director of Biosecurity may detain conveyance that is subject to charge
- 607 Moving or interfering with detained conveyance
- 608 Release of detained conveyance
- 609 Sale of detained conveyance
Division 5--Power to sell goods and conveyances
- 610 Sale of goods and conveyances
- 611 Dealing with the proceeds of sale
Division 6--Miscellaneous
- 612 Providing sustenance for animals and plants
- 613 Agriculture Minister may remit or refund cost-recovery charges
- 614 Extraterritorial operation of this Part
PART 4--EXEMPTIONS FROM AND MODIFICATIONS OF THIS ACT
Division 1--Introduction
- 615 Simplified outline of this Part
Division 2--Exemptions from and modifications of this Act
Subdivision A--Exemption and modification by regulation
- 616 Exemptions from and modifications of this Act
- 617 Exemptions for Torres Strait Treaty
Subdivision B--Modifications relating to declared movements between parts of Australian territory
- 618 Modified operation of this Act in relation to declared movements between parts of Australian territory
- 619 Affected provisions and exit provisions
- 620 How the affected provisions (except the exit provisions) apply because of this Subdivision
- 621 Release from biosecurity control if goods leave destination part
- 622 Release from biosecurity control if aircraft or vessel leaves destination part
- 623 How the exit provisions apply because of this Subdivision
- 624 Relationship between this Subdivision and other provisions of this Act
PART 5--MISCELLANEOUS
Division 1--Introduction
- 625 Simplified outline of this Part
Division 2--Abandoned or forfeited goods and conveyances
- 626 Abandoned goods
- 627 Forfeited goods
- 628 Prohibited goods etc. may be forfeited to the Commonwealth
- 629 Abandoned conveyances
- 630 Forfeited conveyances
Division 3--Damaged and destroyed goods etc
- 631 Person complying with direction or request must not damage or destroy goods
- 632 Compensation for damaged goods
- 633 Compensation for destroyed goods, conveyances or other premises
- 634 Claims for, and amount of, compensation
Division 4--Miscellaneous
- 635 Privilege against self-incrimination
- 636 Offence--hindering compliance with the Act etc.
- 637 Certificates given by analyst
- 638 Admission of analyst's certificate in proceedings
- 639 Power or requirement to do or cause a thing to be done
- 640 Treatment of partnerships
- 641 Treatment of unincorporated associations
- 642 Arrangements with States and Territories to assist in carrying out this Act
- 643 Delegation of powers by Agriculture Minister
- 644 Protection from civil proceedings
- 645 Regulations