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BIOSECURITY ACT 2015 - SECT 182

Director of Biosecurity may suspend bringing or importation of goods into Australian territory for a period

  (1)   The Director of Biosecurity may determine that specified goods, or a specified class of goods, (including conditionally non - prohibited goods) must not be brought or imported into Australian territory for a specified period. The period must not be longer than 6 months.

  (2)   Goods specified in a determination in force under subsection   (1), or goods included in a class of goods specified in a determination in force under that subsection, are suspended goods .

  (3)   The Director of Biosecurity may make a determination under subsection   (1) in relation to goods, or a class of goods, only if the Director is satisfied that the level of biosecurity risk associated with the goods, or the class of goods, is unacceptable.

  (4)   Before a determination under subsection   (1) is made:

  (a)   a risk assessment must be conducted by a biosecurity worker in relation to the making of that determination; and

  (b)   the Director of Biosecurity must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment; and

  (c)   the Director of Biosecurity must consider the risk assessment; and

  (d)   the Director of Biosecurity may also consider any other matters that the Director considers relevant.

  (5)   A determination under subsection   (1) must set out the reasons for making the determination.

  (6)   A determination under subsection   (1) is a legislative instrument, but section   42 (disallowance) of the Legislation Act 2003 does not apply to the determination.

  (7)   If a determination in force under subsection   (1) in relation to goods, or a class of goods, is inconsistent with a determination in force under subsection   174(1):

  (a)   the determination under subsection   (1) of this section prevails; and

  (b)   the determination under subsection   174(1) has, to the extent of the inconsistency, no effect.

Note 1:   Division   5 sets out offences and civil penalty provisions relating to bringing or importing suspended goods into Australian territory.

Note 2:   If suspended goods are brought or imported into Australian territory in contravention of a determination in force under subsection   (1), the goods may be forfeited to the Commonwealth (see section   628).


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