Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Governor - General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting subsection (1), the regulations may:
(a) prescribe penalties for offences against the regulations that do not exceed 50 penalty units; and
(b) declare that specified provisions of the regulations are civil penalty provisions for the purposes of this Act, and prescribe penalties for contraventions of such provisions that do not exceed:
(i) for a body corporate--250 penalty units; or
(ii) in any other case--50 penalty units.
This Act is about managing diseases and pests that may cause harm to human, animal or plant health or the environment.
This Chapter includes preliminary provisions (such as the extension of this Act to external Territories, and the relationship of this Act with other Australian laws). It also includes the definitions for this Act, provisions that relate to the Constitution and international law, and principles affecting decisions to exercise certain powers under this Act.
Chapter 2 deals with managing risks to human health. That Chapter mainly deals with diseases (listed human diseases) that are listed in a legislative instrument. The main method of managing risks to human health is by imposing a human biosecurity control order on an individual who may have a listed human disease. However, Chapter 2 also includes requirements in relation to persons entering or leaving Australian territory, and rules relating to managing deceased individuals.
Chapter 3 deals with managing biosecurity risks in relation to goods that are brought into Australian territory from outside Australian territory. These goods become subject to biosecurity control when the aircraft or vessel carrying the goods enters Australian territory. Powers may be exercised to assess the level of biosecurity risk associated with the goods, and biosecurity measures may be required to reduce that risk if it is considered to be unacceptable. Chapter 3 also provides a mechanism for prohibiting certain goods from being brought or imported into Australian territory, either absolutely or subject to conditions, and includes provisions dealing with biosecurity import risk analyses and import permits.
Chapter 4 deals with managing biosecurity risks in relation to aircraft and vessels that enter Australian territory from outside Australian territory, including by controlling the places where they can land or be moored and their movement while they are in Australian territory. These conveyances become subject to biosecurity control when they enter Australian territory. Powers may be exercised to assess the level of biosecurity risk associated with them, and biosecurity measures may be required to reduce that risk if it is considered to be unacceptable. Requirements may also be determined for persons entering Australian territory on an incoming conveyance, in connection with diseases and pests that are considered to pose an unacceptable level of biosecurity risk. Chapter 4 also provides for a scheme to deal with ship sanitation for the purposes of the International Health Regulations.
Chapter 5 implements the Ballast Water Convention and regulates the ballast water and sediment of certain vessels in accordance with the United Nations Convention on the Law of the Sea. It requires reporting of intended or actual discharges of ballast water in Australian territorial seas. Discharging ballast water is an offence, subject to a range of exceptions, and there is an offence of disposing of sediment. For an Australian vessel, these offences apply whether the vessel is in or outside Australian seas. For a foreign vessel, the offences apply only if the vessel is in Australian seas. The definition of Australian seas depends on whether the Administration of the foreign vessel is a party to the Ballast Water Convention. The Chapter also includes provisions for ballast water management plans and certificates, record - keeping obligations and powers to ensure compliance.
Chapter 6 deals with managing biosecurity risks (other than those covered by Chapter 3 or 4) posed by diseases or pests that may be in or on goods or premises in Australian territory. The Chapter provides for powers to be exercised to monitor, respond to and control those risks.
Chapter 7 provides for arrangements to be approved authorising and requiring biosecurity industry participants to carry out biosecurity activities to manage biosecurity risks associated with goods, premises or other things for the purposes of this Act.
Chapter 8 provides for the Governor - General to declare biosecurity emergencies and human biosecurity emergencies. Part 1 gives the Agriculture Minister special powers to deal with biosecurity emergencies and provides for certain powers to be delegated to national response agencies. Part 1 also includes other modifications of the Act that apply during biosecurity emergencies. Part 2 gives the Health Minister special powers to deal with human biosecurity emergencies, including by giving effect to recommendations of the World Health Organization.
Chapter 9 gives officers powers to ensure people are complying with this Act, to investigate non - compliance and to enforce this Act by means such as civil penalties, infringement notices, enforceable undertakings and injunctions. In many cases this is done by applying the Regulatory Powers Act. The Chapter also provides for warrants for officers to enter premises and exercise powers for some other purposes relating to biosecurity, as well as powers for officers to enter premises and exercise powers there without a warrant or consent in some limited cases. Officers have certain obligations relating to their entry to premises (with or without a warrant or consent), and occupiers of premises have certain rights relating to the activities of officers on their premises. The Chapter also includes other provisions relevant to ensuring compliance with this Act, such as how to determine whether a person is a fit and proper person.
Chapter 10 deals with matters relating to governance and officials. It includes provisions relating to the functions and powers of the Director of Biosecurity, the Director of Human Biosecurity, biosecurity officers, biosecurity enforcement officers, chief human biosecurity officers and human biosecurity officers.
Chapter 11 includes miscellaneous provisions, dealing with matters such as:
(a) review of reviewable decisions under this Act; and
(b) managing information obtained or generated under this Act; and
(c) recovering costs under this Act; and
(ca) arrangements and grants for dealing with risks posed by diseases or pests; and
(d) abandoned or forfeited goods and conveyances; and
(e) modification of this Act in relation to certain movements of persons, goods and conveyances.
This Part contains provisions that relate to the Constitution, such as:
(a) the constitutional powers relied on for this Act; and
(b) the application of this Act in relation to pests; and
(c) provisions relating to protections in the Constitution (for example, compensation for any acquisition of property).
This Part also ensures that this Act is consistent with the rights that foreign aircraft and vessels have under the United Nations Convention on the Law of the Sea.
A biosecurity official who is making a decision to exercise a power under certain provisions of this Act must first consider the principles set out in this Part.
The principles aim to ensure that the power is exercised only if exercising the power is likely to be effective in, or to contribute to, achieving the purpose for which the power is to be exercised, is appropriate and adapted for its purpose, and is no more restrictive or intrusive than is required.
If the power is to be exercised in relation to a conveyance, the biosecurity official must consider the impact of the exercise of the power on the health and safety of any persons on board the conveyance.
Division 2 contains protections for individuals in relation to whom powers are exercised under this Chapter.
Any person who exercises a power, or imposes a biosecurity measure, under this Chapter must first consider the principles set out in Division 2. The principles aim to ensure that a power is exercised, or biosecurity measure imposed, only when circumstances are sufficiently serious to justify it, and only if it would be effective, it is appropriate and adapted for its purpose, and it is no more restrictive or intrusive than is required. Division 2 also ensures that the requirements of this Chapter do not interfere with an individual's urgent or life - threatening medical needs, and sets out the protections that this Chapter provides for a child or incapable person who is subject to a requirement under this Chapter.
Powers in this Chapter are exercised only in relation to human diseases that cause significant harm to human health. Those diseases must be listed in a legislative instrument that is made by the Director of Human Biosecurity under Division 3.
Division 2 allows the Health Minister to prescribe requirements in relation to individuals, and operators of certain aircraft or vessels, that are entering or leaving Australian territory.
Division 3 requires operators of incoming and outgoing passenger aircraft and vessels to provide 24/7 contact information.
Pratique is granted under Division 4 for incoming aircraft and vessels. Pratique allows things to be unloaded from, and persons to disembark from, aircraft or vessels. Pratique can be granted by force of this Act (positive pratique) or by a biosecurity officer (negative pratique).
Under Division 5, the Health Minister may determine certain biosecurity measures for the purposes of preventing a specified behaviour or practice that causes, or contributes to, the entry into, or the emergence, establishment or spread in, Australian territory or a part of Australian territory of a specified listed human disease.
Certain officers and other persons can ask questions and require documents to be provided under Division 6 for various health - related purposes.
Under Division 2, a human biosecurity control order can be imposed on an individual if the individual may have a listed human disease.
A human biosecurity control order that is in force in relation to an individual may require the individual to comply with certain biosecurity measures. Division 3 sets out what those measures are, and they include vaccination, restricting the individual's behaviour and ordering the individual to remain isolated.
An individual may consent to a biosecurity measure included in a human biosecurity control order that is in force in relation to the individual.
An individual who refuses to consent to such a measure (other than an isolation measure or traveller movement measure) is not required to comply unless a direction has been given by the Director of Human Biosecurity requiring the individual to do so. An individual must comply with an isolation measure or a traveller movement measure for the first 72 hours while a direction from the Director of Human Biosecurity is being sought. After that time, the individual is required to comply with the measure only if a direction is given by the Director.
Biosecurity measures that are included in a human biosecurity control order are treated in one of 2 ways. For some biosecurity measures, an individual who is given a direction from the Director of Human Biosecurity to comply with the measure must do so immediately. For other biosecurity measures, an individual is given a period to apply for judicial review before being required to comply with the measure.
Division 2 allows human remains to be brought into Australian territory. Sometimes, requirements may be specified or directions given in relation to human remains.
Division 3 allows the Director of Human Biosecurity to determine human health response zones to which entry and exit requirements apply.
This Part deals with goods that are brought or imported into Australian territory from outside Australian territory.
Division 2 provides that the goods become subject to biosecurity control when they enter Australian territory.
Division 3 provides for notice to be given of goods that are, or are intended to be, brought into Australian territory and unloaded at a landing place or port.
Division 4 sets out powers that may be exercised to assess the level of biosecurity risk associated with goods that are subject to biosecurity control.
Division 5 provides for biosecurity measures to be taken in relation to goods that are subject to biosecurity control if the level of biosecurity risk associated with the goods is considered to be unacceptable.
Division 6 deals with unloading goods that are subject to biosecurity control at landing places or ports in Australian territory.
Division 7 deals with unloading goods that are subject to biosecurity control from a vessel that is displaying the prescribed quarantine signal.
Division 8 requires biosecurity incidents in relation to goods that are subject to biosecurity control to be reported to a biosecurity officer or the Director of Biosecurity.
Division 9 provides for the assessment and management of the level of biosecurity risk associated with goods that are exposed to goods that are subject to biosecurity control.
Division 10 deals with releasing goods from biosecurity control.
This Part provides for the Director of Biosecurity to conduct Biosecurity Import Risk Analyses (BIRAs) in relation to particular goods, or a particular class of goods, that may be imported, or are proposed to be imported, into Australian territory.
A BIRA is an evaluation of the level of biosecurity risk associated with the goods or the class of goods.
A BIRA may identify conditions that must be met to manage the level of biosecurity risk associated with the goods, or the class of goods, to a level that achieves the ALOP for Australia.
Note: The level of biosecurity risk associated with the goods may vary according to the place in Australian territory at which the goods are to enter Australian territory or be unloaded, so the conditions may vary accordingly.
This Part deals with bringing or importing goods into Australian territory.
This Part applies to the exclusion of State and Territory laws to the extent that the laws purport to prohibit or restrict the bringing or importation of particular goods into Australian territory, or into a part of Australian territory, from outside Australian territory for the purpose of managing biosecurity risks associated with the goods.
Certain goods (prohibited goods) must not be brought or imported into Australian territory at all.
Certain goods (conditionally non - prohibited goods) may be brought or imported into Australian territory subject to conditions.
Division 2 provides for the Director of Biosecurity and the Director of Human Biosecurity to jointly determine that certain goods are prohibited goods or conditionally non - prohibited goods.
Division 3 deals with permits to bring or import certain conditionally non - prohibited goods into Australian territory.
Division 4 provides for the Director of Biosecurity to determine that certain goods (suspended goods) must not be brought or imported into Australian territory for a period of up to 6 months.
Division 5 sets out offences and civil penalty provisions.
This Part deals with conveyances that enter, or intend to enter, Australian territory from outside Australian territory.
Division 2 provides for those conveyances to be subject to biosecurity control when they enter Australian territory. Division 2 also provides for other conveyances to be subject to biosecurity control if they are exposed to a conveyance that is subject to biosecurity control.
Division 3 provides for pre - arrival reports to be given in relation to aircraft or vessels that enter or intend to enter Australian territory from outside Australian territory and aircraft or vessels that intend to be, or are, exposed to conveyances or goods that are subject to biosecurity control. Division 3 also provides for persons on board incoming aircraft or vessels to:
(a) provide information for the purpose of assessing the level of biosecurity risk associated with the persons and any goods the persons have with them; and
(b) produce travel documents for the purpose of assessing the level of biosecurity risk associated with the persons and any goods the persons have with them or of the future profiling, or future assessment, of biosecurity risks.
Division 3A allows the Agriculture Minister to determine requirements, for persons entering Australian territory on an incoming aircraft or vessel, in connection with diseases and pests that are considered to pose an unacceptable level of biosecurity risk.
Division 4 sets out powers that may be exercised to assess the level of biosecurity risk associated with conveyances that are subject to biosecurity control.
Division 5 provides for biosecurity measures to be taken if the level of biosecurity risk associated with conveyances that are subject to biosecurity control is considered to be unacceptable.
Division 6 deals with leaving conveyances that are subject to biosecurity control.
Division 7 sets out how conveyances that are subject to biosecurity control are released from biosecurity control.
Division 8 deals with when a vessel must display the prescribed quarantine signal and provides for other miscellaneous matters.
This Part deals with first points of entry and biosecurity entry points for conveyances and goods that are subject to biosecurity control.
Division 2 provides for the Director of Biosecurity or the Director of Human Biosecurity to determine the landing places in Australian territory that are first points of entry for certain aircraft and goods that are subject to biosecurity control.
Division 2 also provides for an area of a landing place that is a first point of entry to be designated as a biosecurity entry point for certain aircraft and goods that are subject to biosecurity control.
Division 3 provides for the Director of Biosecurity or the Director of Human Biosecurity to determine the ports in Australian territory that are first points of entry for certain vessels and goods that are subject to biosecurity control.
Division 3 also provides for an area of a port that is a first point of entry to be designated as a biosecurity entry point for vessels and goods that are subject to biosecurity control.
This Part makes provision in relation to the places (the entry points ) in Australian territory where incoming aircraft and vessels can land or be moored.
Division 2 deals with entry points for aircraft. Unless permitted or directed to do otherwise, an aircraft must land at a first point of entry for the aircraft and, if there is a biosecurity entry point for the aircraft at that first point of entry, the aircraft must be brought to that biosecurity entry point.
Division 3 deals with entry points for vessels. Unless permitted or directed to do otherwise, a vessel must be moored at a first point of entry for the vessel and, if there is a biosecurity entry point for the vessel at that first point of entry, the vessel must be brought to that biosecurity entry point.
Division 4 allows for directions to be given requiring activities to control vectors to be carried out in first points of entry. Division 4 also provides for biosecurity officers and biosecurity enforcement officers to enter landing places or ports where an aircraft or vessel that is subject to biosecurity control has arrived, or intends to arrive, for the purpose of performing functions or exercising powers under this Act.
This Part describes how the scheme in this Chapter, which deals with the ballast water and sediment of vessels, applies.
This Part also gives special meanings to certain expressions used in this Chapter, and sets out the relationship between this Chapter and other laws of the Commonwealth and States and Territories.
Division 2 provides an offence of discharging ballast water. For an Australian vessel, the offence applies whether the vessel is in or outside Australian seas. For a foreign vessel, the offence applies only if the vessel is in Australian seas.
The rest of this Part sets out exceptions to the offence that may apply if:
(a) the ballast water was managed for discharge by an approved method of ballast water management, or by ballast water exchange (Division 3); or
(b) the discharge was part of an acceptable ballast water exchange (Division 4); or
(c) the discharge was an approved discharge of ballast water to a ballast water reception facility (Division 5); or
(d) the discharge was covered by an exemption (Division 6, which also provides for the Director of Biosecurity to prescribe and grant exemptions); or
(e) the ballast water was discharged at or near the place where it was taken up into the vessel (Division 7); or
(f) the ballast water was discharged for reasons of safety, by accident or in order to avoid or minimise pollution (Division 8, which also sets out reporting requirements for such discharges).
This Part provides for ballast water management plans and ballast water management certificates for vessels to be issued, endorsed and recognised.
Division 1A requires most vessels to have a ballast water management plan and a ballast water management certificate. Australian vessels require a plan and certificate in and outside Australian seas. Foreign vessels require a plan and certificate only if they are in Australian seas.
Division 2 sets out what a ballast water management plan is, and provides for the determination under section 308A to prescribe a scheme for the Director of Biosecurity and survey authorities to approve ballast water management plans for vessels.
Division 3 sets out what a ballast water management certificate is, and provides for the determination under section 308A to prescribe a scheme for the Director of Biosecurity and survey authorities to survey vessels for the purposes of certification.
This Part sets out how vessels are to keep records of their ballast water operations.
Division 2 sets out record - keeping requirements for vessels, and the circumstances in which a vessel has appropriate ballast water records for the purposes of using certain methods of ballast water management.
This Part gives the Director of Biosecurity and biosecurity officers powers to enforce the provisions of this Chapter at a port or offshore terminal within the outer limits of the exclusive economic zone of Australia.
Under Division 2, a biosecurity officer may exercise powers for the purposes of monitoring compliance with this Chapter (such as taking samples of ballast water and requiring ballast water records to be produced).
Under Division 3, the person in charge of a vessel may be given a direction not to discharge ballast water, or a direction in relation to the movement of the vessel.
This Part deals with some matters that apply to the whole of this Chapter.
This Part includes a modified definition of biosecurity risk for this Chapter, sets out the main objects of this Chapter and provides that this Chapter does not apply in relation to certain goods and conveyances.
During a biosecurity emergency period, this Chapter may apply in a modified way (see Divisions 5 and 6 of Part 1 of Chapter 8).
If goods become suspended or prohibited goods, the Director of Biosecurity (or, in the case of prohibited goods, the Director of Human Biosecurity) may require a person in charge of certain goods that are of the same kind as the suspended or prohibited goods, and were brought or imported into Australian territory before the date the goods became suspended or prohibited goods, to notify the Director of:
(a) the location of those goods; and
(b) any other information specified by the Director that the person has relating to those goods.
A biosecurity officer may ask questions or require documents to be produced about prohibited goods, suspended goods or certain conditionally non - prohibited goods that have been brought or imported into Australian territory and have been released from biosecurity control.
The powers in this Part may be exercised in relation to goods for the purpose of assessing or managing the level of biosecurity risk associated with the goods.
This Part deals with assessing the level of biosecurity risk posed by a disease or pest that may be present in or on goods or premises in Australian territory.
Division 2 provides for the circumstances in which powers may be exercised under this Act (including in premises) to assess the level of biosecurity risk posed by a disease or pest that may be present in or on the goods or premises.
Division 3 sets out the powers (the biosecurity risk assessment powers) that may be exercised in relation to the goods or premises if a biosecurity officer suspects, on reasonable grounds, that a disease or pest may be present in or on the goods or premises, and the disease or pest may pose an unacceptable level of biosecurity risk.
The biosecurity risk assessment powers may be exercised for any of the following purposes:
(a) to establish whether the disease or pest is present in or on the goods or premises;
(b) if possible, to identify the disease or pest;
(c) to assess the level of biosecurity risk posed by the disease or pest.
Before exercising a power set out in Division 3, a biosecurity official must be satisfied of the matters referred to in section 32 (the principles).
Division 4 sets out offences that apply in relation to contraventions relating to biosecurity risk assessment powers that are exercised in accordance with a biosecurity control order (see Part 4) or a biosecurity response zone determination (see Part 5).
This Part sets out the powers that may be exercised (including biosecurity measures that may be required to be taken) in relation to goods or premises in Australian territory for the purpose of managing biosecurity risks posed by a disease or pest that may be present in or on the goods or premises.
Divisions 2, 3 and 4 set out the powers that may be exercised. They include:
(a) powers relating to persons entering or leaving premises; and
(b) powers relating to treatment of goods or premises; and
(c) powers relating to destruction of goods or premises; and
(d) powers provided by regulations; and
(e) other powers.
A power set out in this Part must not be exercised in relation to goods or premises unless:
(a) the power is specified in a biosecurity control order that relates to the goods or premises; or
(b) the power is specified in a biosecurity response zone determination that relates to the goods or premises and the goods or premises are in the biosecurity response zone.
Before exercising a power set out in this Part, a biosecurity official must be satisfied of the matters referred to in section 32 (the principles).
Division 5 sets out offences and civil penalty provisions.
Division 2 of Part 5 of Chapter 11 provides that certain goods and conveyances, in relation to which biosecurity measures have been required under this Chapter, are considered to have been abandoned or forfeited, and provides for how they may be dealt with.
This Part provides for the Director of Biosecurity to make a biosecurity control order in relation to goods or premises in Australian territory and a disease or pest if:
(a) a biosecurity officer suspects, on reasonable grounds, that the disease or pest may be present in or on the goods or premises and may pose an unacceptable level of biosecurity risk; and
(b) the Director of Biosecurity is satisfied that biosecurity measures need to be taken in relation to the goods or premises for the purpose of managing the biosecurity risk posed by the disease or pest.
Division 2 sets out requirements relating to making a biosecurity control order, including requirements relating to the content and form of a biosecurity control order. Division 2 also deals with varying and revoking a biosecurity control order.
Division 3 deals with the powers that may be exercised (including in premises) in accordance with a biosecurity control order.
Before exercising a power in accordance with a biosecurity control order, a biosecurity official must be satisfied of the matters referred to in section 32 (the principles).
Division 4 sets out a civil penalty provision.
This Part provides for the Director of Biosecurity to determine that a specified area in Australian territory is a biosecurity response zone if:
(a) a biosecurity officer suspects, on reasonable grounds, that a disease or pest may be present in or on goods or premises in the area and may pose an unacceptable level of biosecurity risk in, or in relation to, the area; and
(b) the Director of Biosecurity is satisfied it is necessary to make the determination for the purpose of managing the biosecurity risk posed by the disease or pest.
Division 2 sets out requirements relating to making a biosecurity response zone determination, including requirements relating to the content of the determination and requirements relating to consultation and notification.
Division 3 deals with the powers that may be exercised (including in premises) in accordance with a biosecurity response zone determination.
Before exercising a power in accordance with a biosecurity response zone determination, a biosecurity official must be satisfied of the matters referred to in section 32 (the principles).
Division 4 sets out offences and civil penalty provisions.
This Part provides for certain areas in Australian territory to be biosecurity monitoring zones. Powers may be exercised in these zones for the purpose of monitoring whether a disease or pest that may pose an unacceptable level of biosecurity risk:
(a) has entered, or has emerged, established itself or spread in, the zone; or
(b) is likely to enter, or to emerge, establish itself or spread in, the zone.
There are 2 kinds of biosecurity monitoring zones--permanent biosecurity monitoring zones (see Division 2) and temporary biosecurity monitoring zones (see Division 3).
Permanent biosecurity monitoring zones are areas in Australian territory that are within the permissible distance of other areas that are considered to have a high level of biosecurity risk associated with them, for example first points of entry for goods being brought into Australian territory or for aircraft or vessels entering Australian territory.
Division 2 deals with the powers that may be exercised (including in premises) in a permanent biosecurity monitoring zone, and sets out the civil penalty provisions.
Under Division 3, the Director of Biosecurity may determine that a specified area in Australian territory is a temporary biosecurity monitoring zone if the Director is satisfied it is necessary to do so for the purpose of monitoring whether a disease or pest that may pose an unacceptable level of biosecurity risk:
(a) has entered, or has emerged, established itself or spread in, the area; or
(b) is likely to enter, or to emerge, establish itself or spread in, the area.
Division 3 sets out requirements relating to making a temporary biosecurity monitoring zone determination, including requirements relating to the content of the determination and requirements relating to consultation and notification.
Division 3 also deals with the powers that may be exercised (including in premises) in accordance with a temporary biosecurity monitoring zone determination and sets out civil penalty provisions.
Before exercising a power in a permanent biosecurity monitoring zone or in accordance with a temporary biosecurity monitoring zone determination, a biosecurity official must be satisfied of the matters referred to in section 32 (the principles).
This Part provides for the Director of Biosecurity to determine that an area in Australian territory where powers are exercised or functions or duties are performed by, or on behalf of, the Commonwealth under this Act is a biosecurity activity zone.
The Director may make the determination if the Director is satisfied it is necessary for the purpose of managing biosecurity risks associated with the exercise of those powers or the performance of those functions or duties.
Division 2 sets out requirements relating to making a biosecurity activity zone determination, including requirements relating to the content of the determination and requirements relating to consultation and notification.
Division 3 deals with the powers that may be exercised (including in premises) in a biosecurity activity zone.
Before exercising a power in a biosecurity activity zone, a biosecurity official must be satisfied of the matters referred to in section 32 (the principles).
Division 4 sets out offences and civil penalty provisions.
This Chapter provides for the Director of Biosecurity or the Director of Human Biosecurity to approve proposed arrangements that provide for the person covered by the arrangement (the biosecurity industry participant) to carry out activities (biosecurity activities) to manage biosecurity risks associated with specified goods, premises or other things.
A biosecurity industry participant covered by an approved arrangement is authorised and required to carry out biosecurity activities in accordance with the arrangement (except in certain circumstances).
Part 2 deals with matters relating to obtaining approval of a proposed arrangement.
Part 3 deals with varying an approved arrangement.
Part 4 deals with suspending an approved arrangement, or a part of an approved arrangement, for a period.
Part 5 deals with the revocation or expiry of an approved arrangement.
Part 6 sets out the powers and obligations of biosecurity industry participants in carrying out biosecurity activities in accordance with an approved arrangement.
Part 7 includes other provisions relating to approved arrangements. Division 1 deals with matters relating to applications for approval of proposed arrangements; Division 1A deals with notice of proposed variation, suspension or revocation decisions; Division 2 provides for the Director of Biosecurity or the Director of Human Biosecurity to require audits to be carried out in relation to approved arrangements; and Division 3 sets out offence and civil penalty provisions and provides for protection from civil proceedings.
This Part provides special powers for dealing with biosecurity emergencies of national significance.
Division 2 provides for the Governor - General to make a biosecurity emergency declaration if the Agriculture Minister is satisfied that the special powers in this Part are needed to deal with a biosecurity emergency.
Division 3 sets out powers that the Agriculture Minister may exercise to deal with a biosecurity emergency, and limits and protections that apply to the use of those powers. These powers may be exercised anywhere in Australian territory.
Division 4 provides for the Agriculture Minister to declare Commonwealth bodies, or parts of Commonwealth bodies, to be national response agencies for the purposes of dealing with biosecurity emergencies. Certain powers of the Agriculture Minister under Division 3 may be delegated and subdelegated to people performing duties in national response agencies.
Division 5 sets out modifications of other provisions of the Act (particularly in Chapter 6 (managing biosecurity risks: monitoring, control and response)) that apply during a biosecurity emergency period.
Division 6 allows biosecurity enforcement officers and biosecurity officers to enter premises without a warrant or consent during a biosecurity emergency period.
This Part provides special powers for dealing with emergencies involving threats or harm to human health on a nationally significant scale (these are called human biosecurity emergencies).
The Governor - General may make a human biosecurity emergency declaration if the Health Minister is satisfied that the special powers in this Part are needed to deal with a human biosecurity emergency.
The Health Minister may exercise special powers under this Part to deal with a human biosecurity emergency, subject to limits and protections. These powers may be exercised anywhere in Australian territory.
The special emergency powers are in addition to the powers generally available under Chapter 2 (managing biosecurity risks: human health), which may also be used to deal with a human biosecurity emergency.
Biosecurity enforcement officers may enter premises under a warrant or with consent of the occupier and exercise monitoring powers there under Part 2 of the Regulatory Powers Act, for the purposes of determining:
(a) whether this Act has been, or is being, complied with; or
(b) whether information given in compliance or purported compliance with this Act is correct.
A biosecurity enforcement officer may be assisted by other persons in exercising powers under that Part.
That Part contains the rules for obtaining a monitoring warrant, and the powers and obligations of biosecurity enforcement officers in entering premises under a monitoring warrant or with consent.
A biosecurity enforcement officer may, under Part 3 of the Regulatory Powers Act, gather material that relates to the contravention of offence and civil penalty provisions in this Act.
Under that Part:
(a) a biosecurity enforcement officer may enter premises if there are reasonable grounds for suspecting that there may be such material on the premises; and
(b) entry must be with the consent of the occupier of the premises or under an investigation warrant; and
(c) a biosecurity enforcement officer who enters premises may exercise investigation powers.
A biosecurity enforcement officer may be assisted by other persons in exercising powers under Part 3 of the Regulatory Powers Act.
That Part contains the rules for obtaining an investigation warrant, and the obligations and powers of biosecurity enforcement officers in entering premises under an investigation warrant or with consent.
A magistrate or Judge of the Federal Court, the Federal Circuit and Family Court of Australia (Division 2) or a State or Territory court may issue a warrant to authorise entry to premises or taking of possession of premises or a conveyance, if satisfied of certain matters.
Some warrants can be issued by telephone or fax etc. in urgent and other cases.
A warrant relating to an aircraft or vessel may be executed only if the aircraft or vessel is at a landing place or port, or on land, in Australian territory, or the vessel is waiting to arrive at such a port.
A biosecurity enforcement officer who needs access to premises may gain that access through adjacent premises if authorised by warrant. A biosecurity officer may also gain access that way if accompanied by a biosecurity enforcement officer who is authorised by warrant to gain access that way.
Special rules apply to consent for biosecurity enforcement officers to enter premises, to ensure the consent is voluntary.
Biosecurity enforcement officers acting under a warrant are also subject to special rules, and have certain powers.
Occupiers of premises entered under a warrant, and their representatives, have rights to observe execution of the warrant and obligations to assist those executing it.
A biosecurity enforcement officer may, without a warrant:
(a) enter premises where a biosecurity industry participant carries on biosecurity activities under an approved arrangement, or a first point of entry; and
(b) exercise there monitoring and investigation powers like those under Parts 2 and 3 of the Regulatory Powers Act (as they apply because of Parts 1 and 2 of this Chapter).
Biosecurity officers and biosecurity enforcement officers entering premises without a warrant (under this Part or certain other provisions) must announce their entry and identify themselves, and may use reasonable and necessary force against things to enter the premises and while on the premises.
Occupiers of premises entered without warrant, and their representatives, may observe the exercise of powers there, and must assist.
Civil penalty orders may be sought under Part 4 of the Regulatory Powers Act from a relevant court in relation to contraventions of civil penalty provisions.
An executive officer of a body corporate is liable to a civil penalty if he or she knew, or was reckless or negligent, about contravention of a civil penalty provision by the body and failed to take all reasonable steps to prevent the contravention.
A person can be given an infringement notice under Part 5 of the Regulatory Powers Act for contravening certain strict liability offence provisions and civil penalty provisions of this Act.
A person who is given an infringement notice can choose to pay an amount as an alternative to having court proceedings brought against the person for the contravention. If the person does not choose to pay the amount, proceedings can be brought against the person for the contravention.
Undertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act.
Under that Part (as it applies because of this Part):
(a) the Director of Biosecurity may accept an undertaking relating to compliance with a provision of this Act; and
(b) the undertaking may be enforced in a relevant court; and
(c) the relevant court may make orders, including an order directing compliance, an order requiring any financial benefit from the failure to comply to be surrendered and an order for damages.
For the purposes of certain decisions under this Act, the Director of Biosecurity or the Director of Human Biosecurity must take into account whether a person is a fit and proper person. Division 2 sets out how a Director decides this.
Personal information specified by the Director of Biosecurity must be provided with some applications made under this Act.
A person who provides false or misleading information or documents is liable to a civil penalty.
If a provision provides that a person commits an offence, or is liable to a civil penalty, for contravening another provision, special rules apply for identifying elements of the offence and for interpreting references to contravention of the offence provision or civil penalty provision.
There are also provisions for:
(a) persons to assist biosecurity officers and biosecurity enforcement officers in the exercise of their powers; and
(b) the role of magistrates and certain Judges performing certain functions under this Act; and
(c) the ongoing effect of a direction to secure goods or a conveyance while the decision to give the direction is under judicial review.
This Chapter deals with matters relating to governance and officials.
Part 2 deals with the Director of Biosecurity.
Part 3 deals with the Director of Human Biosecurity.
Part 4 deals with biosecurity officers and biosecurity enforcement officers and sets out some general powers of these officers.
Part 5 deals with chief human biosecurity officers and human biosecurity officers.
Part 6 deals with the Inspector - General of Biosecurity and reviews by him or her of biosecurity officials' performance of functions and exercise of powers under this Act.
Part 7 deals with miscellaneous matters.
Entrusted persons and certain other persons may commit an offence or be liable to a civil penalty if they use or disclose protected information other than in accordance with this Part.
Entrusted persons and certain other persons can use or disclose information (referred to as relevant information) obtained or generated under this Act in accordance with this Part.
This Part allows the Commonwealth to charge fees in relation to activities carried out under this Act, and provides for the recovery of those fees and other charges imposed to recover costs.
Division 2 provides for the regulations to prescribe fees that may be charged and other rules about fee - bearing activities.
Division 3 sets out rules about payment of cost - recovery charges.
Division 4 sets out how unpaid cost - recovery charges may be dealt with.
Division 5 provides for the Director of Biosecurity to sell certain goods and conveyances, including in order to recover unpaid cost - recovery charges.
Division 6 contains miscellaneous provisions, including the power to remit or refund a cost - recovery charge.
This Part allows regulations to be made that modify the operation of this Act in relation to specified conveyances, persons or goods. Regulations may also be made in accordance with this Part to modify the operation of this Act in order to implement the Torres Strait Treaty.
If persons, goods or conveyances move between certain parts of Australian territory, as declared by the Director of Biosecurity and the Director of Human Biosecurity, some provisions of this Act about persons, goods and conveyances coming into Australian territory or leaving Australian territory also apply in relation to the movement as if it were an international movement.
This Part includes miscellaneous provisions, including the following:
(a) provisions dealing with abandoned or forfeited goods and conveyances;
(b) the power for compensation to be paid if certain goods are damaged under this Act, or certain goods, conveyances or other premises are destroyed under this Act;
(c) additional offences that apply in relation to the Act;
(d) the power for the Agriculture Minister or the Health Minister to enter into arrangements with a relevant Minister of a State or Territory for the purposes of the Act;
(e) the protection from civil proceedings of certain persons who
are performing functions or exercising powers under this Act.