BIOSECURITY ACT 2023 (NO. 50 OF 2023)

Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

BIOSECURITY ACT 2023 (NO. 50 OF 2023)

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

Division 1.1--Introduction

1. Name of Act
2. Commencement
3. Dictionary
4. Notes
5. Offences against Act—application of Criminal Code etc
6. Objects of Act
7. Application of Act—emergency services and police

Division 1.2--Important concepts

8. Meaning of biosecurity matter
9. Meaning of carrier
10. Meaning of deal with biosecurity matter or carrier
11. Meaning of pest
12. Meaning of biosecurity impact
13. Meaning of biosecurity risk
14. Reasonable suspicion—carriers
15. Reasonable suspicion—disease infection
16. Reasonable suspicion—pest infestation

PART 2--BIOSECURITY DUTIES AND OFFENCES

Division 2.1--Principles applying to biosecurity duties

17. Biosecurity duties not transferable
18. Person can have more than 1 biosecurity duty
19. More than 1 person can have a biosecurity duty
20. Duty to manage biosecurity risk
21. Meaning of reasonable steps

Division 2.2--General biosecurity duty

22. General biosecurity duty
23. Specific biosecurity requirements
24. Offences—fail to comply with general biosecurity duty

Division 2.3--Duty to notify biosecurity events

25. Meaning of biosecurity
26. Duty to notify biosecurity event
27. Offences—fail to comply with duty to notify biosecurity event
28. Duty to notify biosecurity event—self-incrimination

Division 2.4--Duty to notify presence of notifiable biosecurity matter

29. Notifiable biosecurity matter
30. Duty to notify presence of notifiable biosecurity matter
31. Offences—fail to comply with duty to notify presence of notifiable biosecurity
32. Duty to notify presence of notifiable biosecurity

Division 2.5--Prohibited biosecurity matter

33. Prohibited biosecurity matter
34. Offences—deal with prohibited biosecurity matter

Division 2.6--Prohibited dealings with biosecurity matter

35. Prohibited dealings with biosecurity matter
36. Offences—engage in prohibited dealing

Division 2.7--Alternative verdicts

37. Alternative verdicts for offences

PART 3--BIOSECURITY EMERGENCY DECLARATIONS

38. Emergency declarations
39. Emergency declarations—duration
40. Emergency declarations—notice
41. Emergency declarations—deciding emergency measures
42. Emergency declarations—scope of emergency measures
43. Emergency declarations—measures restricting movement of people
44. Emergency declarations—measures about treatment of people
45. Emergency declarations—measures about inspection of people
46. Emergency declarations—measures about destruction of things
47. Emergency declarations—prevail over other instruments
48. Emergency declarations—authorising actions and recovering costs
49. Offences—fail to comply with emergency declaration
50. Emergency declarations—protection of emergency actions

PART 4--BIOSECURITY CONTROL DECLARATIONS

51. Control declarations
52. Control declarations—duration
53. Control declarations—notice
54. Control declarations—deciding control measures
55. Control declarations—scope of control measures
56. Control declarations—measures restricting movement of people
57. Control declarations—measures about treatment of people
58. Control declarations—measures about destruction of things
59. Control declarations—nature conservation and heritage matters
60. Control declarations—authorising actions and recovering costs
61. Offences—fail to comply with control declaration

PART 5--BIOSECURITY PERMITS AND GROUP EXEMPTIONS

Division 5.1--Biosecurity permits

62. Biosecurity permits authorise conduct otherwise prohibited
63. Permits—application
64. Permits—renewal application
65. Permits—additional information
66. Permits—change of information
67. Permits—decision on application
68. Permits—suitable person
69. Permits—duration
70. Permits—amendment
71. Permits—conditions
72. Permits—financial assurance conditions
73. Offences—fail to comply with permit condition
74. Permits—grounds for suspension or cancellation
75. Permits—suspension
76. Permits—notice of proposed suspension
77. Permits—immediate suspension without prior notice
78. Permits—cancellation
79. Permits—notice of proposed cancellation
80. Permits—immediate cancellation without prior notice
81. Permits—surrender

Division 5.2--Group exemptions

82. Group exemptions
83. Group exemptions—declaration
84. Group exemptions—duration
85. Group exemptions—conditions
86. Offences—fail to comply with group exemption condition

Division 5.3--Permits and group exemptions

87. Permits and group exemptions—exercise of functions in

PART 6--BIOSECURITY REGISTRATION

88. Meaning of regulated dealing—pt 6
89. Biosecurity registration authorises regulated dealings
90. Offences—engage in regulated dealing without registration
91. Registration—application
92. Registration—renewal application
93. Registration—additional information
94. Registration—change of information
95. Registration—decision on application
96. Registration—suitable person
97. Registration—duration
98. Registration—amendment
99. Registration—conditions
100. Offences—fail to comply with registration condition
101. Registration—grounds for suspension or cancellation
102. Registration—suspension
103. Registration—notice of proposed suspension
104. Registration—immediate suspension without prior notice
105. Registration—cancellation
106. Registration—notice of proposed cancellation
107. Registration—immediate cancellation without prior notice
108. Registration—surrender
109. Registration—exercise of functions in emergencies

PART 7--BIOSECURITY CERTIFICATES

110. Biosecurity certificates
111. Interstate biosecurity certificates
112. Offences—false or misleading biosecurity certificate
113. Offences—false representation about biosecurity certificate

PART 8--BIOSECURITY AUDITS

114. Meaning of authorisation-holder—pt 8
115. Biosecurity audits
116. Biosecurity audits—notice to authorisation-holder
117. Biosecurity audits—reporting requirements
118. Biosecurity audits—immediate reporting requirements
119. Biosecurity audits—costs

PART 9--BIOSECURITY CERTIFIERS, AUDITORS AND AUTHORITIES

Division 9.1--Certifiers, auditors and authorities

120. Definitions—pt 9
121. Approval of authorised people as certifiers and auditors
122. Recognition of interstate certifiers, auditors and authorities
123. Interstate authorisations—non-compliance notice
124. Interstate authorisations—proposed non-compliance notice
125. Interstate authorisations—revocation of non-compliance notice
126. Authorisation of certifiers, auditors and authorities to exercise

Division 9.2--Approval of certifiers, auditors and authorities

127. Approvals—application
128. Approvals—renewal application
129. Approvals—additional information
130. Approvals—change of information
131. Approvals—decision on application
132. Approvals—suitable person
133. Approvals—authority criteria
134. Approvals—duration
135. Approvals—amendment
136. Approvals—conditions generally
137. Approvals—additional conditions for corporations
138. Offences—fail to comply with approval condition
139. Approvals—grounds for suspension or cancellation
140. Approvals—suspension
141. Approvals—notice of proposed suspension
142. Approvals—immediate suspension without prior notice
143. Approvals—cancellation
144. Approvals—notice of proposed cancellation
145. Approvals—surrender

PART 10--BIOSECURITY DIRECTIONS

146. Biosecurity directions
147. Biosecurity directions—giving directions
148. Biosecurity directions—scope of directions
149. Biosecurity directions—restricting movement of people
150. Biosecurity directions—treatment of people
151. Biosecurity directions—inspection of people
152. Biosecurity directions—destruction of things
153. Biosecurity directions—nature conservation and heritage matters
154. Biosecurity directions—recovery of costs
155. Biosecurity directions—authorising actions and recovering costs
156. Offences—fail to comply with biosecurity direction
157. Biosecurity directions—exercise of functions in emergencies

PART 11--BIOSECURITY UNDERTAKINGS

158. Biosecurity undertakings
159. Biosecurity undertakings—contents
160. Biosecurity undertakings—when enforceable
161. Biosecurity undertakings—amendment
162. Biosecurity undertakings—ending
163. Biosecurity undertakings—authorising actions and recovering costs
164. Biosecurity undertakings—orders requiring compliance
165. Biosecurity undertakings—effect on other proceedings
166. Offences—fail to comply with biosecurity undertaking

PART 12--AUTHORISED PEOPLE

Division 12.1--General

167. Definitions—pt 12
168. Authorised people
169. Identity cards
170. Use of assistants
171. Use of animals
172. Authorised person must show identity card on exercising power

Division 12.2--Powers of authorised people

173. Power to enter premises
174. Production of identity card
175. Consent to entry
176. General powers on entry to premises
177. Power to require information, documents, etc
178. Recovery of costs for action taken
179. Power to obtain, inspect and copy records
180. Power to require answers to questions
181. Evidence may be recorded
182. Abrogation of privilege against self-incrimination
183. Warning to be given
184. Power to seize things
185. Direction to give name and address
186. Offences—fail to comply with direction to give name and address
187. Direction to stop vehicle
188. Offences—fail to comply with direction to stop vehicle

Division 12.3--Search warrants

189. Warrants generally
190. Warrants—application other than in person
191. Search warrants—announcement before entry
192. Details of search warrant to be given to occupier etc
193. Occupier entitled to be present during search etc

Division 12.4--Return and forfeiture of things seized

194. Receipt for things seized
195. Moving things to another place for inspection, processing or testing under search
196. Access to things seized
197. Return of things seized
198. Forfeiture of things seized

Division 12.5--Limits on powers of authorised people

199. Authorised people—treatment of people
200. Authorised people—restricting movement of people
201. Authorised people—destruction of things
202. Authorised people—notice of proposed destruction
203. Authorised people—nature conservation and heritage matters

Division 12.6--Miscellaneous

204. Damage etc to be minimised

PART 13--COURT PROCEEDINGS

Division 13.1--Court proceedings generally

205. Evidence of analysts
206. Injunctions to restrain contravention of requirements
207. Recovery of costs, expenses and compensation after offence proved

Division 13.2--Court orders

208. Orders—generally
209. Orders for restoration and prevention
210. Prohibition orders
211. Publication orders
212. Orders to undertake training or other projects

PART 14--COMPENSATION

213. Meaning of emergency biosecurity matter—pt 14
214. Compensation payable to owners of animals, plants and property
215. Amount of compensation payable
216. Other losses excluded
217. Time limit for claims
218. Grounds for refusing or reducing claim
219. Power to correct decision and require repayment

PART 15--NOTIFICATION AND REVIEW OF DECISIONS

220. Meaning of reviewable decision—pt 15
221. Reviewable decision notices
222. Applications for review

PART 16--MISCELLANEOUS

223. Disclosure of information—director-general
224. Disclosure of information—certifier and auditor authorities
225. Protection of officials from liability
226. Protection of others from liability
227. Criminal liability of executive officers
228. Meaning of influential person for a corporation
229. Appointment of analysts
230. Cruelty to animals not authorised
231. Limit on certain powers in relation to humans and residential
232. Minister may exempt people, biosecurity matter, etc
233. Determination of fees
234. Regulation-making power

PART 17--REPEALS

235. Legislation repealed
SCHEDULE 1
DICTIONARY
ENDNOTES

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback