BIOSECURITY ACT 2015 - As at 30 October 2023 - Act 24 of 2015

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Objects of Act
• 4 Act to bind Crown
• 5 Extraterritorial application
• 6 Act does not give rise to or affect civil cause of action

PART 2 - INTERPRETATION, KEY CONCEPTS AND PRINCIPLES

Division 1 - Interpretation

• 7 General definitions
• 8 Identification of biosecurity matter
• 9 Notes

Division 2 - Key concepts

• 10 Biosecurity matter
• 11 Carriers
• 12 Dealings
• 13 Biosecurity impact
• 14 Biosecurity risk
• 15 Pests
• 16 Reasonably practicable

Division 3 - Principles that apply to biosecurity duties

• 17 Principles that apply to duties
• 18 Duties not transferable
• 19 Person can have more than one duty
• 20 More than one person can have a duty
• 21 Duty to prevent, eliminate or minimise biosecurity risk

PART 3 - GENERAL BIOSECURITY DUTY

• 22 Biosecurity duty--dealings with biosecurity matter and carriers
• 23 Offence of failing to discharge biosecurity duty
• 24 Mandatory measures
• 25 Offence of failure to comply with mandatory measures
• 26 Special provisions relating to weeds

PART 4 - PROHIBITED MATTER AND RELATED BIOSECURITY DUTIES

Division 1 - Preliminary

• 27 What is prohibited matter

Division 2 - Offence of dealing with prohibited matter

• 28 Dealings with prohibited matter
• 29 Defence for unknowing possession

Division 3 - Duty to notify presence of prohibited matter

• 30 Biosecurity duty
• 31 Prohibited matter event--meaning
• 32 Offence of failing to discharge biosecurity duty to notify presence of prohibited matter
• 33 Defence for failure to notify prohibited matter event that is well-known
• 34 Protection against self-incrimination
• 35 Regulations relating to notifications

Division 4 - Duty to prevent, eliminate or minimise risk posed by prohibited matter

• 36 Biosecurity duty
• 37 Offence of failing to discharge biosecurity duty

Division 5 - Duty to notify biosecurity events

• 38 Biosecurity duty
• 39 Biosecurity event--meaning
• 40 Offence of failing to discharge biosecurity duty to notify event
• 41 Defence for failure to notify event that is well-known
• 42 Protection against self-incrimination
• 43 Regulations relating to notifications

PART 5 - EMERGENCY ORDERS

Division 1 - Emergency orders

• 44 Emergency order
• 45 Content of emergency order
• 46 Notice of emergency order
• 47 Notice of property specific order
• 48 Duration of emergency order

Division 2 - Matters for which emergency order may provide

• 49 Emergency zone
• 50 Emergency measures
• 51 Examples of emergency measures
• 52 Special powers

Division 3 - Limitations that apply to emergency order

• 53 Treatment of persons
• 54 Inspection of persons
• 55 Destruction requirements
• 56 Persons directly affected by destruction requirement to be advised of requirement

Division 4 - Effect of order

• 57 Order prevails over other instruments
• 58 Offence of contravening emergency order
• 59 Secretary may authorise required actions and recover costs

Division 5 - General

• 60 Amendment or revocation of emergency order
• 61 Protection of emergency actions

PART 6 - CONTROL ORDERS

Division 1 - Control orders

• 62 Control order
• 63 Content of control order
• 64 Notice of control order
• 65 Notice of property specific order
• 66 Duration of control order

Division 2 - Matters for which control order may provide

• 67 Control zone
• 68 Control measures
• 69 Examples of control measures

Division 3 - Limitations that apply to control order

• 70 Consultation required for control order affecting game animals
• 71 Consultation required for control order affecting native flora or fauna
• 72 Detention or treatment of persons
• 73 Destruction requirements
• 74 Interaction of powers with restrictions imposed by other Acts

Division 4 - Effect of control order

• 75 Offence of contravening control order
• 76 Secretary may authorise required actions and recover costs

Division 5 - General

• 77 Amendment or revocation of control order
• 78 Authorisation of person to make control orders

PART 7 - BIOSECURITY ZONES

Division 1 - Biosecurity zones

• 79 Biosecurity zones
• 80 Matters to be specified

Division 2 - Matters for which regulations may provide

• 81 Biosecurity zone
• 82 Regulatory measures
• 83 Examples of regulatory measures

Division 3 - Limitations on regulation-making power

• 84 Detention or treatment of persons
• 85 Destruction requirements
• 86 Consultation requirements

Division 4 - Effect of biosecurity zone

• 87 Offence of contravening biosecurity zone regulation
• 88 Secretary may authorise required actions and recover costs

PART 8 - POWERS OF AUTHORISED OFFICERS

Division 1 - Preliminary

• 89 Purposes for which functions under Part may be exercised
• 90 Exercise of functions under other legislation
• 91 References to functions exercisable "in the case of an emergency"

Division 2 - Information gathering powers

• 92 Exercise in conjunction with other powers
• 93 Powers of authorised officers to require information and records
• 94 Power of authorised officers to require answers
• 95 Recording of evidence
• 96 Power of authorised officers to demand name and address
• 97 Requiring information in the case of an emergency

Division 3 - Entry to premises

• 98 Powers of authorised officers to enter premises
• 99 Entry into residential premises only with permission or warrant
• 100 Search warrants
• 101 Power to require occupier to provide assistance

Division 4 - Investigation and risk management powers

• 102 Powers that can be exercised on premises
• 103 Requiring assistance
• 104 Recovery of fee for action taken

Division 5 - Functions in relation to seized things

• 105 Definitions
• 106 Receipt for seized things
• 107 Return of seized things
• 108 Certification of inability to return seized thing
• 109 Court order requiring delivery of seized thing
• 110 Forfeiture of seized thing
• 111 Dealing with forfeited things

Division 6 - Limitations on powers

• 112 Detention or treatment of persons
• 113 Destruction requirements
• 114 Persons directly affected by destruction to be advised of proposed destruction
• 115 Interaction of powers with restrictions imposed by other Acts

Division 7 - General

• 116 Offence of failing to comply with requirement made by authorised officer
• 117 Defence to contravention
• 118 Care to be taken
• 119 Compensation
• 120 Revocation or variation of notices

PART 9 - BIOSECURITY DIRECTIONS

Division 1 - Preliminary

• 121 Exercise in conjunction with other powers
• 122 References to functions exercisable "in the case of an emergency"

Division 2 - Biosecurity directions

• 123 Power to issue biosecurity direction
• 124 Types of biosecurity direction
• 125 Revocation or variation of biosecurity direction

Division 3 - General biosecurity directions

• 126 General biosecurity direction
• 127 How general biosecurity direction is given

Division 4 - Individual biosecurity directions

• 128 Individual biosecurity direction
• 129 How individual biosecurity direction is given
• 130 Examples of individual biosecurity directions
• 131 Special emergency powers--inspection and treatment measures
• 132 Fee for individual biosecurity direction
• 133 Taking of required actions and recovery of costs

Division 5 - Limitations on powers

• 134 Detention or treatment of persons
• 135 Inspection of persons
• 136 Destruction requirements
• 137 Interaction of powers with restrictions imposed by other Acts

Division 6 - General

• 138 Offence not to comply with biosecurity direction
• 139 Defence of reasonable excuse
• 140 Appeal to Land and Environment Court
• 141 Prior notice of direction not required

PART 10 - BIOSECURITY UNDERTAKINGS

• 142 Authorised officer may accept undertakings
• 143 Contents of biosecurity undertaking
• 144 When biosecurity undertaking takes effect
• 145 Contravention of biosecurity undertaking
• 146 Fee for biosecurity undertaking
• 147 Authorised officer may take or authorise required actions and recover costs
• 148 Order requiring compliance with biosecurity undertaking
• 149 Withdrawal or variation of biosecurity undertaking
• 150 Enforcement action not prevented by undertaking

PART 11 - PROHIBITED DEALINGS AND REGISTRABLE DEALINGS

Division 1 - Prohibited dealings

• 151 Prohibited dealings
• 152 Offence of engaging in prohibited dealing

Division 2 - Dealings for which biosecurity registration is required

• 153 Registrable dealings in biosecurity matter
• 154 Offence of engaging in registrable dealing without biosecurity registration
• 155 Defence for employees and agents

PART 12 - BIOSECURITY REGISTRATION

Division 1 - Preliminary

• 156 Registration of persons authorised to engage in registrable dealings
• 157 Registered entity--meaning
• 158 References to functions exercisable "in the case of an emergency"

Division 2 - Application for biosecurity registration

• 159 Application for biosecurity registration
• 160 Grant or refusal of biosecurity registration
• 161 Duration of biosecurity registration
• 162 Variation of biosecurity registration

Division 3 - Renewal of biosecurity registration

• 163 Application for renewal of biosecurity registration
• 164 Grant or refusal of renewal application

Division 4 - Conditions of biosecurity registration

• 165 Conditions of biosecurity registration
• 166 Compliance with standards
• 167 Conditions requiring works or measures
• 168 Alternative arrangements
• 169 Conditions for insurance cover
• 170 Conditions for biosecurity audits
• 171 Conditions requiring financial assurances
• 172 Conditions to take effect later

Division 5 - Suspension or cancellation of biosecurity registration

• 173 Grounds for suspension or cancellation of biosecurity registration
• 174 Suspension of biosecurity registration
• 175 Registered entity to be given opportunity to make submissions about suspension
• 176 Cancellation of biosecurity registration
• 177 Registered entity to be given opportunity to make submissions about cancellation
• 178 Effect of suspension or cancellation on conditions

Division 6 - Miscellaneous

• 179 Offence of contravening condition of biosecurity registration
• 180 Biosecurity registration not transferable
• 181 Surrender of biosecurity registration
• 182 Appeal to Land and Environment Court

PART 13 - BIOSECURITY CERTIFICATES

Division 1 - Biosecurity certificates

• 183 Biosecurity certifier may issue biosecurity certificates
• 184 Biosecurity certificate--meaning
• 184A Fee for biosecurity certificate

Division 2 - Interstate biosecurity certificates

• 185 Recognition of interstate biosecurity certificates
• 186 Interstate biosecurity certificate--meaning

Division 3 - Offences

• 187 Provision of false or misleading information to biosecurity certifier
• 188 False biosecurity certificates
• 189 False representations
• 190 Issue or alteration of biosecurity certificate by unauthorised person

PART 14 - ACCREDITATION OF BIOSECURITY CERTIFIERS

Division 1 - Biosecurity certifiers

• 191 Grant of accreditation by accreditation authority
• 192 Accreditation policy
• 193 Effect of accreditation
• 194 Responsible accreditation authority
• 195 Approval of authorised officer to exercise functions of biosecurity certifier

Division 2 - Accreditation procedure

• 196 Application for accreditation
• 197 Grant or refusal of accreditation
• 198 Duration of accreditation
• 199 Variation of accreditation

Division 3 - Renewal of accreditation

• 200 Application for renewal of accreditation
• 201 Grant or refusal of renewal application

Division 4 - Conditions of accreditation

• 202 Conditions of accreditation
• 203 Compliance with standards
• 204 Conditions for insurance cover
• 204A Condition that work be carried out only by individuals

Division 5 - Suspension or cancellation of accreditation

• 205 Grounds for suspension or cancellation of accreditation
• 206 Suspension of accreditation
• 207 Biosecurity certifier to be given opportunity to make submissions about suspension
• 208 Cancellation of accreditation
• 209 Biosecurity certifier to be given opportunity to make submissions about cancellation
• 210 Effect of suspension or cancellation on conditions

Division 6 - Miscellaneous

• 211 Offence of contravening conditions of accreditation
• 212 Impersonation of biosecurity certifier
• 213 Appeal to Land and Environment Court

PART 15 - BIOSECURITY AUDITS

Division 1 - Biosecurity audits

• 214 Biosecurity audits
• 215 Audits to be conducted by biosecurity auditor only
• 216 Biosecurity audits are mandatory
• 217 Audit target--meaning

Division 2 - Accreditation audits

• 218 Accreditation audit
• 219 Who can require accreditation audit
• 220 Engagement of auditor
• 221 Functions of biosecurity auditor in relation to accreditation audit
• 222 Recovery of fee for accreditation audit
• 223 Use of accreditation audit

Division 3 - Compliance audits

• 224 Compliance audit
• 225 Who can require compliance audit
• 226 Decision to require compliance audit
• 227 Audit frequency policy
• 228 Engagement of auditor
• 229 Functions of biosecurity auditor in relation to compliance audit
• 230 Recovery of fee for compliance audit
• 231 Use of compliance audit

Division 4 - Functions of biosecurity auditor

• 232 General functions
• 233 Entry to premises
• 234 Use of assistants
• 235 Reporting requirements
• 236 Certain matters to be reported immediately

Division 5 - Offences relating to biosecurity audits

• 237 Obstruction of biosecurity auditor
• 238 Provision of false or misleading information to biosecurity auditor

PART 16 - APPOINTMENT OF BIOSECURITY AUDITORS

Division 1 - Appointment of biosecurity auditors

• 239 Appointment of auditors by accreditation authority
• 240 Appointment policy
• 241 Effect of appointment
• 242 Responsible accreditation authority
• 243 Approval of authorised officer to exercise functions of biosecurity auditor

Division 2 - Appointment procedure

• 244 Application for appointment
• 245 Grant or refusal of appointment
• 246 Duration of appointment
• 247 Variation of appointment

Division 3 - Renewal of appointment

• 248 Application for renewal of appointment
• 249 Grant or refusal of renewal application

Division 4 - Conditions of appointment as biosecurity auditor

• 250 Conditions of appointment
• 250A Condition that work be carried out only by individuals

Division 5 - Suspension or cancellation of appointment

• 251 Grounds for suspension or cancellation of appointment
• 252 Suspension of appointment
• 253 Biosecurity auditor to be given opportunity to make submissions about suspension
• 254 Cancellation of appointment
• 255 Biosecurity auditor to be given opportunity to make submissions about cancellation
• 256 Effect of suspension or cancellation on conditions

Division 6 - Miscellaneous

• 257 Offence of contravening conditions of appointment
• 258 Impersonation of biosecurity auditor
• 259 Appeal to Land and Environment Court

PART 17 - ACCREDITATION AUTHORITIES

Division 1 - Accreditation authorities

• 260 Accreditation authority--meaning
• 261 Approval of accreditation authority to exercise functions
• 262 Effect of approval

Division 2 - Approval procedure

• 263 Application for approval
• 264 Grant or refusal of approval
• 265 Duration of approval
• 266 Variation of approval

Division 3 - Renewal of approval

• 267 Application for renewal of approval
• 268 Grant or refusal of renewal application

Division 4 - Conditions of approval

• 269 Conditions of approval
• 269A Condition that work be carried out only by individuals notified to Secretary

Division 5 - Suspension or cancellation of approval

• 270 Grounds for suspension or cancellation of approval
• 271 Suspension of approval
• 272 Accreditation authority to be given opportunity to make submissions about suspension
• 273 Cancellation of approval
• 274 Accreditation authority to be given opportunity to make submissions about cancellation
• 275 Effect of suspension or cancellation on conditions

Division 6 - Miscellaneous

• 276 Offence of contravening conditions of approval
• 277 Appeal to Land and Environment Court
• 278 Disclosure of information

PART 18 - OFFENCES AND CRIMINAL PROCEEDINGS

Division 1 - Criminal proceedings generally

• 279 Maximum penalty for category 1 offence
• 280 Maximum penalty for category 2 offence
• 281 Negligent--meaning
• 282 Special requirements for prosecution of category 1 offences
• 283 Proceedings for offences
• 284 Time limit for proceedings
• 285 Matters to be considered in imposing penalty

Division 2 - Defences and related matters

• 286 Defence of due diligence--category 1 offences
• 287 Lawful excuse
• 288 Things done by or under the direction of authorised officers
• 289 Common carriers
• 290 Proof of exemptions

Division 3 - Court orders in connection with offences

• 291 Operation of Division
• 292 Orders generally
• 293 Orders for restoration and prevention
• 294 Orders for costs, expenses and compensation at time offence proved
• 295 Recovery of costs, expenses and compensation after offence proved
• 296 Orders regarding costs and expenses of investigation
• 297 Orders regarding monetary benefits
• 298 Prohibition orders
• 299 Forfeiture
• 300 Forfeiture of boats and motor vehicles
• 301 Additional orders
• 302 Appeals against orders

Division 4 - Penalty notices

• 303 Penalty notices
• 304 Restriction on power to issue penalty notices

Division 5 - Ancillary offences

• 305 Liability of directors etc for offences by corporation--special executive liability offences
• 306 Liability of directors etc for offences by corporation--executive liability offences
• 307 Liability for complicity
• 308 False or misleading information

PART 19 - COMPENSATION

• 309 Compensation payable to owners of animals, plants and property
• 310 Amount of compensation
• 311 Market value to take no account of emergency biosecurity matter
• 312 Other losses excluded
• 313 Claims
• 314 Recovery of compensation
• 315 Grounds for refusal or reduction of claim
• 316 Disputed claims
• 317 False claims
• 318 Power to correct decision
• 319 Power to require repayment from claimant

PART 20 - RECOVERY OF ADMINISTRATIVE COSTS AND OTHER AMOUNTS

Division 1 - Preliminary

• 320 Recoverable amounts
• 321 Part permits recovery by government agencies only

Division 2 - Cost recovery orders

• 322 Cost recovery order
• 323 Contents of cost recovery order
• 324 Charging of interest
• 325 Change in payment arrangements

Division 3 - Recovery of amounts payable under cost recovery orders

• 326 Recovery of amount payable under cost recovery order as debt
• 327 Registration of cost recovery order as charge on land

Division 4 - General

• 328 Appeal to Land and Environment Court
• 329 Waiver or remission of recoverable amounts
• 330 Presumed date of service of cost recovery order

PART 21 - PERMITS

Division 1 - Preliminary

• 331 Relevant decision-maker--meaning
• 332 References to functions exercisable "in the case of an emergency"

Division 2 - Permits

• 333 Grant of permits
• 334 Relationship between Part and Stock Medicines Act 1989
• 335 Types of permit
• 336 Who has power to grant permit
• 337 Emergency permit
• 338 Prohibited matter permit
• 339 Effect of permit
• 340 Contravention of permit

Division 3 - Application for permit

• 341 Application for permit
• 342 Grant or refusal of permit
• 343 Duration of permit
• 344 Variation of permit

Division 4 - Renewal of permit

• 345 Application for renewal of permit
• 346 Grant or refusal of renewal

Division 5 - Conditions of permit

• 347 Conditions of permit
• 348 Conditions for insurance cover
• 349 Conditions for biosecurity audits
• 350 Conditions requiring financial assurances
• 351 Conditions to take effect later

Division 6 - Suspension or cancellation of permit

• 352 General grounds for suspension or cancellation of permit
• 353 Additional grounds for suspension or cancellation of permit--emergency
• 354 Suspension of permit
• 355 Permit holder to be given opportunity to make submissions about suspension
• 356 Cancellation of permit
• 357 Permit holder to be given opportunity to make submissions about cancellation
• 358 Effect of suspension or cancellation on conditions

Division 7 - Miscellaneous

• 359 Surrender of permit
• 360 Appeal to Land and Environment Court

PART 22 - ADMINISTRATION

Division 1 - Authorised officers

• 361 Appointment of authorised officers
• 362 Powers subject to instrument of appointment
• 363 Police officers taken to be authorised officers
• 364 Identification
• 365 Use of assistants
• 366 Use of dogs
• 367 Obstructing authorised officers
• 368 Assaulting authorised officers
• 369 Impersonating authorised officers

Division 2 - Local control authorities--weeds

• 370 Local control authority--meaning
• 371 Functions of local control authority
• 372 Local authorities to appoint authorised officers to control weeds
• 373 Recovery of fees
• 374 Arrangements for joint exercise of functions
• 375 Delegation by local control authority

Division 3 - Other officers

• 376 Chief Plant Protection Officer
• 377 Chief Veterinary Officer
• 378 Analysts

Division 4 - General

• 379 Delegation by Secretary
• 380 Extraterritorial exercise of functions
• 381 Access to information by authorised officers
• 382 Waiver and refund of fees and other amounts

PART 23 - MISCELLANEOUS

• 383 Protection from liability
• 384 Breach of duty of confidentiality excluded
• 385 Restraint of contraventions of requirement imposed by or under Act
• 386 Planning and other requirements in relation to authorised actions
• 387 Collection, use and disclosure of information
• 388 Hunting may be authorised
• 389 Cruelty to animals not authorised
• 390 Application of Surveillance Devices Act 2007
• 391 Continuing effect of requirements
• 392 Service of notices and other documents
• 393 Evidentiary certificates
• 394 Evidence of analysts
• 395 Evidence as to state of mind of corporation
• 396 Evidence of publication of instruments on website
• 397 Evidence of part to be evidence of whole
398. (Repealed)
• 399 Reasonable suspicion--carriers
• 400 Reasonable suspicion of infection
• 401 Reasonable suspicion of infestation
• 402 Exemptions
• 403 Application of Personal Property Securities Act 2009 (Cth)
• 404 Regulations
• 404A Biosecurity order--permitted activities
405. (Repealed)
• 406 Review of Act
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3
• SCHEDULE 4
• SCHEDULE 5
• SCHEDULE 6
• SCHEDULE 7
Schedule 8 (Repealed)