BIOSECURITY AND AGRICULTURE MANAGEMENT REGULATIONS 2013 - REG 79
BIOSECURITY AND AGRICULTURE MANAGEMENT REGULATIONS 2013 - REG 79
79 . Inspection and verification of imported organisms and prescribed potential carriers
(1) In this
regulation —
nearest inspection point , in relation to an
organism or prescribed potential carrier, means the nearest inspection point
to the place where the organism or carrier first enters the State that is
designated under section 166 as an inspection point for that type of
organism or carrier.
(2) Subject to
subregulation (3), this regulation applies to the following —
(a) any
prohibited organism;
(b) any
unlisted organism;
(c) any
prescribed potential carrier;
(d) any
permitted organism assigned under regulation 73 to the category
“permit required”.
(3) This regulation
does not apply —
(a) to
the extent that —
(i)
an import permit specifies that an organism or prescribed
potential carrier is to be dealt with in a manner that differs from that
prescribed in subregulation (5) or (6); or
(ii)
an organism or prescribed potential carrier is dealt with
in accordance with the written directions of an inspector in a manner that
differs from that prescribed in subregulation (5) or (6);
or
(b) to
an organism or prescribed potential carrier imported by vessel arriving at a
sea port if that person importing the organism or prescribed potential
carrier —
(i)
gives the Director General, not later than 1 working
day before the expected time of importation, notice in an approved manner of
the time and place of entry into the State of the organism or prescribed
potential carrier; and
(ii)
keeps the organism or potential carrier on the vessel
until an inspector authorises or directs the removal of the organism or
potential carrier;
or
(c) to a
cargo container and its contents if —
(i)
the person importing the cargo container and its contents
gives an inspector, not later than one working day before the expected time of
the importation, notice of the import or any other document that satisfies the
inspector as to the contents of the cargo container; and
(ii)
the inspector does not advise the person before the
expected time of the importation that inspection of the cargo container and
its contents is required;
or
(d) to
an organism or prescribed potential carrier or class of organism or prescribed
potential carrier specified in a notice published under
subregulation (4).
(4) The Director
General may, by notice published on the department’s electronic site,
exempt an organism or prescribed potential carrier or class of organism or
prescribed potential carrier from the operation of subregulation (5).
(5) For the purposes
of section 21(3)(a), a person who imports an organism or prescribed
potential carrier to which this regulation applies must present the organism
or carrier for inspection by an inspector at the nearest inspection point.
Note for this subregulation:
The penalty for
failing to present an organism or prescribed potential carrier for inspection
in accordance with the regulations is set out in section 21(3).
(6) A person who is
required to present an organism or prescribed potential carrier for inspection
under subregulation (5) must —
(a)
ensure that the organism or carrier is kept secure until it is inspected by an
inspector at the nearest inspection point; and
(b) as
soon as possible after the importation, take the organism or carrier by the
shortest possible route to the nearest inspection point.
Penalty for this subregulation: a fine of
$20 000.
[Regulation 79 amended: Gazette
6 Sep 2019 p. 3192‑3.]
[ 80. Deleted: Gazette 6 Sep 2019
p. 3193.]