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BIOSECURITY REGULATION 2016 (F2016L00756)
TABLE OF PROVISIONS
CHAPTER 1--Preliminary
PART 1--PRELIMINARY
1. Name
2. Commencement
3. Authority
4. Extension of Biosecurity Act to Norfolk Island
PART 2--DEFINITIONS
5. Definitions
6. High-value conveyance--prescribed amount
7. High-value goods--prescribed amounts
8. References to animals
CHAPTER 2--Managing biosecurity risks
PART 1--NOTICE OF GOODS TO BE UNLOADED IN AUSTRALIAN TERRITORY
Division 1--Preliminary
9. Purpose of this Part
Division 2--Goods to be unloaded in Australian territory other than in certain external Territories
10. Application of this Division
11. Notice of goods--general
12. Notice of certain animals and eggs to be brought into Australian territory on an aircraft or vessel
13. Additional notice of certain animals and eggs to be brought into Australian territory on an aircraft or vessel
14. Notice of goods that are the subject of an import declaration
Division 3--Goods to be unloaded in certain external Territories
15. Notice of goods to be unloaded in Norfolk Island, Christmas Island or Cocos (Keeling) Islands
Division 4--Exceptions
16. Exceptions to requirement to give notice of goods
PART 2--GOODS BROUGHT INTO AUSTRALIAN TERRITORY
17. Other biosecurity measures relating to goods--isolation
18. Person must comply with direction to affix isolation notice
19. Contravention of requirement relating to entering or leaving etc. premises where goods have been isolated
20. Unauthorised persons must not move etc. goods that have been isolated in or on premises where isolation notice has been affixed
21. Interfering with, removing or defacing isolation notice
PART 3--RELEASE OF GOODS FROM BIOSECURITY CONTROL
22. Release of goods brought into Australian territory from biosecurity control
PART 4--BIOSECURITY IMPORT RISK ANALYSES
Division 1--Process for conducting a BIRA
23. Purpose of this Division
24. Notice of intention to conduct a BIRA and issues paper
25. Draft BIRA report
26. Provisional BIRA report
27. Final BIRA report
28. Further information, research or expert advice
29. Scientific advisory group
30. Content of a BIRA report
31. Time within which a BIRA must be completed
32. Termination of a BIRA
Division 2--Reviews by the Inspector-General
33. Purpose of this Division
34. Person may request Inspector-General to review BIRA process
35. Inspector-General must consider request for review
36. Time within which review of BIRA process must be completed
37. Draft BIRA review report
38. Final BIRA review report
39. Failure to comply with this Division does not affect validity of a BIRA review report
PART 5--PERMITS TO BRING OR IMPORT GOODS INTO AUSTRALIAN TERRITORY
40. Information that must be included in application for permit to bring or import conditionally non-prohibited goods into Australian territory
41. Period for making decision on application for permit
42. Extension of period for deciding application for permit--prescribed activities
43. Maximum period within which requested information or documents must be given
44. Varying or revoking conditions of, or imposing further conditions on, permit
45. Variation, suspension or revocation of permit
CHAPTER 3--Managing biosecurity risks
PART 1--PRE-ARRIVAL REPORTING
46. Purpose of this Part
47. Pre-arrival report--aircraft
48. Pre-arrival report--vessels other than certain vessels travelling from certain areas in the Torres Strait
49. Pre-arrival report--certain vessels travelling from certain areas in the Torres Strait
50. Exceptions to requirement to give pre-arrival report--aircraft
51. Exceptions to requirement to give pre-arrival report--vessels
PART 2--CONVEYANCES ENTERING AUSTRALIAN TERRITORY
52. Conveyance becomes subject to biosecurity control if exposed to certain goods
53. Persons on incoming aircraft or vessel required to provide information to assess level of biosecurity risk
54. Biosecurity officer may require trap to be set in or on certain conveyances for monitoring or assessment purposes
55. Person must comply with direction in relation to setting trap in or on conveyance for monitoring or assessment purposes
PART 3--FIRST POINTS OF ENTRY
56. Requirements that must be met before determining a landing place to be first point of entry
57. Circumstances for variation and revocation of first point of entry determinations in relation to landing places
58. Requirements that must be met before determining a port to be first point of entry
59. Circumstances for variation and revocation of first point of entry determinations in relation to ports
CHAPTER 4--Ballast water and sediment
PART 1--APPLICATION AND INTERPRETATION
60. Exemption from Chapter 5 of the Act--warships, naval auxiliary or other vessels owned or operated by the Australian government or the government of a foreign country
61. References to IMO guidelines
PART 2--REPORTING BALLAST WATER DISCHARGES
62. Information that must be included in ballast water discharge report
63. Manner and time for giving ballast water discharge report
64. Exception to requirement to give ballast water discharge report
PART 3--MANAGEMENT OF DISCHARGE OF BALLAST WATER
65. Application for approval of method of ballast water management
66. Approval of method of ballast water management that has been approved by foreign country
67. Management by ballast water exchange
68. Approval of discharge to ballast water reception facility
69. Grant of exemption for discharge
PART 4--BALLAST WATER MANAGEMENT PLANS
70. Ballast water management plan for foreign vessel
71. Scheme for approval of ballast water management plan for Australian vessel
PART 5--BALLAST WATER MANAGEMENT CERTIFICATES
72. Ballast water management certificate for foreign vessel
73. Scheme for survey of Australian vessel and issue etc. of ballast water management certificate
74. Scheme for survey of foreign vessel and issue etc. of ballast water management certificate
PART 6--BALLAST WATER RECORDS
75. Requirements for ballast water record system for Australian vessel
76. Requirements for records of ballast water operations and disposals of sediment
PART 7--EXEMPTIONS FROM AND MODIFICATIONS OF THE ACT
77. Exemption and modification--vessels that have taken up ballast water in Australian seas or at least 12 nautical miles from the nearest land
CHAPTER 5--Managing biosecurity risks
78. Other biosecurity measures relating to goods or conveyances--export from Australian territory
CHAPTER 6--Approved arrangements
PART 1--APPROVAL OF PROPOSED ARRANGEMENT
79. Requirements for approving proposed arrangement
80. Transfer of approved arrangement
PART 2--SUSPENSION OF APPROVED ARRANGEMENT
81. Requirements for request to suspend all or a part of an approved arrangement
82. Period for making decision on request to suspend a part of an approved arrangement
PART 3--REVOCATION OF APPROVED ARRANGEMENT
83. Notice period for request to revoke approved arrangement
PART 4--GENERAL PROVISIONS ABOUT APPLICATIONS
84. Applications to which this Part applies
85. Information to be included in applications
86. Dealing with applications
CHAPTER 7--Compliance and enforcement
87. Period for paying an amount under certain infringement notices given at a first point of entry
88. Amount payable under certain infringement notices
CHAPTER 8--Governance and officials
PART 1--PRELIMINARY
89. Purpose of this Chapter
PART 2--ANNUAL REVIEW PROGRAM
90. Annual review program
91. Variation of annual review program
92. When reviews are to be conducted
PART 3--PROCESS FOR CONDUCTING REVIEW
93. Inspector-General may invite submissions
94. Submissions may be made publicly available
95. Assistance from the Director of Biosecurity
PART 4--REVIEW REPORTS
96. Draft review report
97. Final review report
98. Certain material to be excluded from review reports
99. Including criticism in review reports
100. Failure to comply with this Chapter does not affect validity of a review report
PART 5--OTHER MATTERS
101. Information that would be prejudicial to the public interest
102. Legal professional privilege
103. Inspector-General to have regard to minimising disruption during review
CHAPTER 9--Miscellaneous
PART 1--CONFIDENTIALITY OF INFORMATION
104. Use of protected information by intelligence agencies
PART 2--COST RECOVERY
Division 1--Fees
105. Meaning of consignment
106. Fees that may be charged in relation to fee-bearing activities
107. When section 106 does not apply
Division 2--Payment of cost-recovery charges
108. Time for payment of certain cost-recovery charges
109. Person liable to pay certain cost-recovery charges
110. Late payment fee for certain unpaid cost-recovery charges
111. Person liable to pay late payment fee
112. Agent's liability to pay cost-recovery charge
PART 3--COMPENSATION
113. Compensation for certain animals destroyed at a post-entry quarantine facility
114. Division of compensation between owners
115. Amount of compensation
PART 4--MANAGING BIOSECURITY RISKS: TORRES STRAIT
116. References to geographical coordinates
117. Permanent biosecurity monitoring zones
118. Exemptions from the Act--goods or aircraft or vessels moving from the protected zone or the Torres Strait permanent biosecurity monitoring zone to another part of Australian territory
119. Exemptions for Torres Strait treaty
120. Protected zone area
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