Western Australian Consolidated Acts

BIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007

TABLE OF PROVISIONS

           Long Title
           Preamble

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Objects of Act  
   4.      Relationship with other Acts  
   5.      Act binds the Crown  
   6.      Meaning of terms used in this Act  
   7.      Meaning of “contaminated”  
   8.      Meaning of “owner” in relation to land  
   9.      Meaning of “animal feed”  
   10.     When organism is to be taken to be on land

   PART 2 -- Biosecurity

           Division 3 -- Biosecurity within Western Australia  

   22.     Declared pests

           Division 6 -- Biosecurity Council  

   48.     Biosecurity Council  
   49.     Membership of Biosecurity Council  
   50.     Functions of Biosecurity Council  
   51.     Annual report

   PART 4 -- Inspection and compliance

           Division 1 -- Preliminary  

   63.     Meaning of terms used in this Part

           Division 2 -- Inspection and other functions  

   64.     Purposes for which an inspection may be carried out  
   65.     Entry and access to place or conveyance, and inspection powers  
   66.     Obtaining records  
   67.     Other directions

           Division 3 -- Entry warrants  

   68.     Applying for entry warrant  
   69.     Applications, how they are to be made  
   70.     Issuing an entry warrant  
   71.     Effect of entry warrant  
   72.     Report on entry and search

           Division 4 -- Seizure, treatment, destruction and recall powers  

   73.     Power to seize, treat or destroy  
   74.     SAT review: seizure  
   75.     SAT review: forfeiture  
   76.     Power to direct that organism or potential carrier be moved for treatment  
   77.     Power to direct person to treat, refrain from treating, destroy or dispose of thing  
   78.     SAT review: section 77 direction  
   79.     Treatment or destruction to prevent risk  
   80.     SAT review: treatment or destruction notice  
   81.     Provisions do not limit making of regulations  
   82.     Inspector may direct removal of organism or potential carrier  
   83.     SAT review: direction to remove from State  
   84.     Recall of organism or substance  
   85.     Notice may be published  
   86.     SAT review: recall notice  
   87.     Remedial action

           Division 5 -- General  

   88.     Time and place for compliance  
   89.     Direction may be given orally or in writing  
   90.     Exercise of power may be recorded  
   91.     Use of force and assistance  
   92.     Offences  
   93.     Self-incriminating information

           Division 6 -- Remedial action by Director General  

   94.     Taking remedial action  
   95.     Charge on land to secure cost of remedial action  
   96.     Priority of charge  
   97.     Dealing with certain charged land  
   98.     Recovery of unpaid charge amount  
   99.     Certificate of charge amount  
   100.    Withdrawal of memorial

           Division 7 -- Registration of memorials and notices affecting land  

   101.    Approved form of memorials and notices  
   102.    Exemption from stamp duty  
   103.    Notice to mortgagees

   PART 5 -- Legal proceedings

           Division 1 -- Legal proceedings  

   104.    Prosecutions, who may commence  
   105.    Time for bringing prosecution  
   106.    Court’s power to make ancillary orders on conviction  
   107.    Order as to costs of analysis  
   108.    Penalties for continuing offences  
   109.    Injunctions to ensure compliance with this Act

           Division 2 -- Responsibility of certain persons  

   110.    Liability of body corporate’s officers  
   111.    Liability of principal for acts of agent  
   112.    Liability of employer for offence of employee

           Division 3 -- Evidentiary provisions  

   113.    Meaning of “specified”  
   114.    Proof of exemptions  
   115.    Evidence of place of offence  
   116.    Evidence of seller or packer of container  
   117.    Evidence of purpose or intent  
   118.    Evidence of authorisation and enforcement matters  
   119.    Evidence of scientific matters  
   120.    Evidence of type or class of organism or thing  
   121.    Documentary and signed evidence  
   122.    Evidence of documents and service  
   123.    Evidence of ownership or occupancy  
   124.    Provisions are in addition to the Evidence Act 1906

           Division 4 -- Modified penalties for certain offences  

   125.    Meaning of terms used in this Division  
   126.    Infringement notices  
   127.    Withdrawal of infringement notice  
   128.    Effect of payment of modified penalty

   PART 6 -- Financial provisions

           Division 1 -- Declared Pest Account

              Subdivision 1 -- General  

   129.    Meaning of terms used in this Division

              Subdivision 2 -- Rates imposed on land  

   130.    Determination of rate  
   131.    Procedure for making rate determination  
   132.    Minimum and maximum rates  
   133.    Rates amounts  
   134.    Multiple rating  
   135.    Application of Taxation Administration Act 2003 and Land Tax Assessment Act 2002  
   136.    Postponement of rates payable by pensioners

              Subdivision 3 -- Establishment and operation of Declared Pest Account  

   137.    Declared Pest Account  
   138.    Use of funds in Declared Pest Account  
   139.    Appropriations against the Consolidated Account

           Division 2 -- Industry funding schemes  

   140.    Terms used in this Division  
   141.    Establishment of accounts, management committees and schemes  
   142.    Constitution and administration of prescribed accounts  
   143.    Management committee  
   144.    Contributions to account -- prescribed scheme  
   145.    Application of prescribed account  
   146.    Treasurer may make advances to a prescribed account in event of a deficiency  
   147.    Review of regulations

           Division 3 -- Modified Penalties Revenue Account  

   148.    Modified Penalties Revenue Account  
   149.    Use of funds in Modified Penalties Revenue Account

   PART 7 -- Administration

           Division 1 -- The Western Australian Agriculture Authority  

   150.    Western Australian Agriculture Authority  
   151.    Purpose of Western Australian Agriculture Authority  
   152.    Powers of Authority  
   153.    Treasurer to consider proposals under section 152(3)(b)  
   154.    Intellectual property  
   155.    Execution of documents by Authority  
   156.    Accountability under this Division

           Division 2 -- Compiling and publishing essential information  

   157.    Publication of certain declarations  
   158.    Records of status of various organisms  
   159.    The department’s electronic site  
   160.    Information available on department’s electronic site  
   161.    Availability of published information

           Division 3 -- Inspectors  

   162.    Appointment of inspectors  
   163.    Director General has functions of inspector  
   164.    Identification cards

           Division 5 -- Advisory groups and recognised biosecurity groups  

   168.    Advisory groups  
   169.    Recognised biosecurity groups  
   170.    Funds available to recognised biosecurity groups  
   171.    Publication of report by recognised biosecurity group

           Division 6 -- Service of documents  

   172.    Service on the Director General  
   173.    Method of service  
   174.    Alternate methods of service of documents relating to land  
   175.    Service of notice by publication  
   176.    Service where more than one owner or occupier  
   177.    Time of service  
   178.    Description of person or land  
   179.    Documents binding on subsequent owners and occupiers  
   180.    Non-exclusivity of this Division

           Division 7 -- General  

   181.    Delegation by Minister  
   182.    Delegation by Director General  
   187.    Immunity from tortious liability

   PART 8 -- Regulations, codes of practice and local laws  

   188.    Regulations -- general power  
   189.    Regulations prescribing high impact organisms  
   190.    Regulations and management plans may adopt codes or legislation and other references  
   191.    Codes of practice  
   192.    Regulations and codes of practice: consultation
           SCHEDULE 1 -- Matters for which regulations may be made
           Compilation table