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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Biosecurity Amendment (Advanced
Compliance Measures) Bill 2023
No. , 2023
(Agriculture, Fisheries and Forestry)
A Bill for an Act to amend the
Biosecurity Act 2015
,
and for related purposes
No. , 2023
Biosecurity Amendment (Advanced Compliance Measures) Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1
--
Assessing biosecurity risk for persons on incoming
aircraft or vessel
3
Biosecurity Act 2015
3
Schedule 2
--
Approved arrangements
7
Biosecurity Act 2015
7
Schedule 3
--
Civil penalty provisions
11
Part 1
--
Increased civil penalties
11
Biosecurity Act 2015
11
Part 2
--
Other amendments
13
Biosecurity Act 2015
13
Schedule 4
--
Strict liability offences and infringement notices
14
Biosecurity Act 2015
14
No. , 2023
Biosecurity Amendment (Advanced Compliance Measures) Bill 2023
1
A Bill for an Act to amend the
Biosecurity Act 2015
,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Biosecurity Amendment (Advanced Compliance
5
Measures) Act 2023
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Biosecurity Amendment (Advanced Compliance Measures) Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Assessing biosecurity risk for persons on incoming aircraft or vessel
Schedule 1
No. , 2023
Biosecurity Amendment (Advanced Compliance Measures) Bill 2023
3
Schedule
1--Assessing biosecurity risk for
1
persons on incoming aircraft or vessel
2
3
Biosecurity Act 2015
4
1 Section 190
5
Omit:
6
Division 3 provides for pre-arrival reports to be given in relation to
7
aircraft or vessels that enter or intend to enter Australian territory
8
from outside Australian territory and aircraft or vessels that intend
9
to be, or are, exposed to conveyances or goods that are subject to
10
biosecurity control. Division 3 also provides for persons on board
11
incoming aircraft or vessels to provide information for the purpose
12
of assessing the level of biosecurity risk associated with them.
13
substitute:
14
Division 3 provides for pre-arrival reports to be given in relation to
15
aircraft or vessels that enter or intend to enter Australian territory
16
from outside Australian territory and aircraft or vessels that intend
17
to be, or are, exposed to conveyances or goods that are subject to
18
biosecurity control. Division 3 also provides for persons on board
19
incoming aircraft or vessels to:
20
(a) provide information for the purpose of assessing the
21
level of biosecurity risk associated with the persons and
22
any goods the persons have with them; and
23
(b) produce travel documents for the purpose of assessing
24
the level of biosecurity risk associated with the persons
25
and any goods the persons have with them or of the
26
future profiling, or future assessment, of biosecurity
27
risks.
28
2 Section 196 (heading)
29
Repeal the heading, substitute:
30
Schedule 1
Assessing biosecurity risk for persons on incoming aircraft or vessel
4
Biosecurity Amendment (Advanced Compliance Measures) Bill 2023
No. , 2023
196 Persons on incoming aircraft or vessel may be required to
1
provide information or travel documents to assess
2
biosecurity risk
3
3 Subsection 196(1)
4
Omit "a person", substitute "persons".
5
4 Paragraph 196(1)(a)
6
Omit "intends to enter, or enters", substitute "intend to enter, or enter".
7
5 Paragraph 196(1)(b)
8
Omit "is", substitute "are".
9
6 Subsection 196(2)
10
Omit "require the person", substitute "require any person covered by
11
subsection (1), or each person included in a class of persons covered by
12
subsection (
1),".
13
7 After subsection 196(3)
14
Insert:
15
Production and scanning of travel documents
16
(3A) The Director of Biosecurity may do the following:
17
(a) require any person covered by subsection (1), or each person
18
included in a class of persons covered by subsection (1), to
19
produce a document covered by subsection (3B) to the
20
Director for either or both of the following purposes:
21
(i) assessing the level of biosecurity risk associated with
22
the person and any goods that the person has with the
23
person;
24
(ii) the future profiling, or future assessment, of biosecurity
25
risks;
26
(b) scan any document so produced for either or both of those
27
purposes;
28
(c) collect and retain personal information obtained as part of
29
that production or scanning for either or both of those
30
purposes.
31
Assessing biosecurity risk for persons on incoming aircraft or vessel
Schedule 1
No. , 2023
Biosecurity Amendment (Advanced Compliance Measures) Bill 2023
5
Note 1:
This section is not subject to the privilege against self-incrimination
1
(see section 635).
2
Note 2:
A person may commit an offence or contravene a civil penalty
3
provision if the person provides false or misleading documents (see
4
section 137.2 of the
Criminal Code
and section 533 of this Act).
5
(3B) For the purposes of paragraph (3A)(a), the documents covered by
6
this subsection are the following:
7
(a)
the person's Australian travel document (within the meaning
8
of the
Australian Passports Act 2005
);
9
(b) a passport, or other travel document, issued to the person by
10
or on behalf of the government of a foreign country.
11
8 Subsection 196(4) (heading)
12
Repeal the heading, substitute:
13
Civil penalty provisions
14
9 At the end of section 196
15
Add:
16
(5) A person who is required to produce a document under
17
paragraph (3A)(a) must comply with the requirement.
18
Civil penalty:
120 penalty units.
19
10 Subsection 523(1) (after table item 10)
20
Insert:
21
22
10AA
Subsection 196(5)
11 Application and saving provisions
23
(1)
The amendments of section 196 of the
Biosecurity Act 2015
made by
24
this Schedule apply in relation to a person who intends to enter, or
25
enters, Australian territory on an incoming aircraft or vessel on or after
26
the commencement of this item.
27
(2)
The amendments of section 196 of the
Biosecurity Act 2015
made by
28
this Schedule do not affect the continuity of regulations that were made
29
Schedule 1
Assessing biosecurity risk for persons on incoming aircraft or vessel
6
Biosecurity Amendment (Advanced Compliance Measures) Bill 2023
No. , 2023
for the purposes of paragraph 196(1)(b) of that Act and were in force
1
immediately before the commencement of this item.
2
Approved arrangements
Schedule 2
No. , 2023
Biosecurity Amendment (Advanced Compliance Measures) Bill 2023
7
Schedule
2--Approved arrangements
1
2
Biosecurity Act 2015
3
1 Section 404
4
After "
Division 1 deals with matters relating to applications for
5
approval of proposed arrangements;", insert "
Division 1A deals with
6
notice of proposed variation, suspension or revocation decisions;".
7
2 At the end of section 413
8
Add:
9
Notice of proposed decision
10
(3) The relevant Director must not give a notice to a biosecurity
11
industry participant under subsection (1) on a ground referred to in
12
paragraph (2)(a), (b), (c), (d) or (f) unless the Director has given a
13
notice to the biosecurity industry participant under
14
subsection 435A(1).
15
3 Section 415
16
Omit "A", substitute "(1) Subject to
subsection (
2), a".
17
4 At the end of section 415
18
Add:
19
(2) If the biosecurity industry participant covered by the approved
20
arrangement was given a notice under subsection 435A(1) that
21
included the invitation referred to in paragraph 435A(2)(d) in
22
relation to the variation, the variation must not take effect before
23
the end of 14 days after the notice is given.
24
5 Subsection 418(2)
25
Omit "in accordance with
subsection (
3)", substitute "under
26
subsection 4
35A(1)".
27
6 Subsections 418(3) and (4)
28
Repeal the subsections.
29
Schedule 2
Approved arrangements
8
Biosecurity Amendment (Advanced Compliance Measures) Bill 2023
No. , 2023
7 Paragraph 420(2)(a)
1
Repeal the paragraph, substitute:
2
(a) a notice under subsection 435A(1) that included the
3
invitation referred to in paragraph 435A(2)(d) in relation to
4
the suspension; or
5
8 Subsection 423(2)
6
Omit "in accordance with
subsection (
3)", substitute "under
7
subsection 4
35A(1)".
8
9 Subsections 423(3) and (4)
9
Repeal the subsections.
10
10 Paragraph 425(2)(a)
11
Repeal the paragraph, substitute:
12
(a) a notice under subsection 435A(1) that included the
13
invitation referred to in paragraph 435A(2)(d) in relation to
14
the revocation; or
15
11 After Division 1 of Part 7 of Chapter 7
16
Insert:
17
Division
1A--Notice of proposed variation, suspension or
18
revocation
19
435A Notice of proposed variation, suspension or revocation
20
(1) For the purposes of subsection 413(3), 418(2) or 423(2), the
21
relevant Director must give the biosecurity industry participant
22
covered by an approved arrangement a notice before doing the
23
following things:
24
(a) varying under paragraph 413(1)(a) the conditions of the
25
approved arrangement (including by imposing new
26
conditions);
27
(b) requiring under paragraph 413(1)(b) the biosecurity industry
28
participant to vary the approved arrangement;
29
(c) suspending under subsection 418(1) the approved
30
arrangement or a part of the approved arrangement;
31
Approved arrangements
Schedule 2
No. , 2023
Biosecurity Amendment (Advanced Compliance Measures) Bill 2023
9
(d) revoking under subsection 423(1) the approved arrangement.
1
Contents of notice
2
(2) A notice under subsection (1) must:
3
(a) be in writing; and
4
(b) state the thing or things covered by subsection (1) that the
5
relevant Director is considering doing; and
6
(c) state the reasons for the relevant Director giving the notice;
7
and
8
(d) subject to subsection (3), invite the biosecurity industry
9
participant to give the relevant Director, within 14 days after
10
the day the notice is given to the biosecurity industry
11
participant, a written submission in relation to the notice; and
12
(e) include a statement setting out the biosecurity industry
13
participant's right to seek review of a decision of the relevant
14
Director to do a thing covered by subsection (1).
15
(3) A notice under subsection (1) is not required to include the
16
invitation referred to in paragraph (2)(d) in relation to a thing
17
covered by subsection (1) if the relevant Director is satisfied that
18
the grounds for doing that thing are serious and urgent.
19
Relevant Director may do more than one thing
20
(4) If the relevant Director gives a biosecurity industry participant a
21
notice under subsection (1), the relevant Director may do more
22
than one thing covered by subsection (1) in connection with the
23
giving of that notice.
24
Example: Assume the relevant Director gives a biosecurity industry participant a
25
notice under subsection (1) stating the relevant Director is considering
26
suspending the approved arrangement and is considering revoking the
27
approved arrangement.
28
Assume the relevant Director is satisfied the grounds for the
29
suspension are serious and urgent. The relevant Director may decide
30
to immediately suspend the approved arrangement (without inviting
31
the biosecurity industry participant to give a written submission).
32
Assume the relevant Director invites the biosecurity industry
33
participant to give a written submission in relation to the revocation.
34
The relevant Director is also able to decide to revoke the approved
35
arrangement.
36
Schedule 2
Approved arrangements
10
Biosecurity Amendment (Advanced Compliance Measures) Bill 2023
No. , 2023
Reprimand
1
(5) The relevant Director may give a biosecurity industry participant a
2
notice in writing that reprimands the biosecurity industry
3
participant for a matter specified in the notice if:
4
(a) the relevant Director has given the biosecurity industry
5
participant a notice under subsection (1); and
6
(b) the relevant Director does none of the things covered by
7
subsection (1) in connection with the giving of the notice
8
under subsection (1).
9
12 Application provisions
10
(1)
The amendment of section 413 of the
Biosecurity Act 2015
made by this
11
Schedule applies in relation to a proposal to give a notice under
12
paragraph 413(1)(a) or (b) of that Act on or after the commencement of
13
this item.
14
(2)
The amendments of section 415 of the
Biosecurity Act 2015
made by
15
this Schedule apply in relation to a notice under paragraph 413(1)(a) of
16
that Act that is given on or after the commencement of this item.
17
(3)
The amendments of sections 418 and 420 of the
Biosecurity Act 2015
18
made by this Schedule apply in relation to a proposed suspension of an
19
approved arrangement, or a part of an approved arrangement, on or after
20
the commencement of this item, where no notice had been given under
21
subsection 418(2) of that Act before that commencement in relation to
22
that proposed suspension.
23
(4)
The amendments of sections 423 and 425 of the
Biosecurity Act 2015
24
made by this Schedule apply in relation to a proposed revocation of an
25
approved arrangement on or after the commencement of this item,
26
where no notice had been given under subsection 423(2) of that Act
27
before that commencement in relation to that proposed revocation.
28
Civil penalty provisions
Schedule 3
Increased civil penalties
Part 1
No. , 2023
Biosecurity Amendment (Advanced Compliance Measures) Bill 2023
11
Schedule
3--Civil penalty provisions
1
Part
1--Increased civil penalties
2
Biosecurity Act 2015
3
1 Subsection 46(1) (penalty)
4
Omit "30 penalty units", substitute "150 penalty units".
5
2 Subsection 46(2) (penalty)
6
Omit "30 penalty units", substitute "1,000 penalty units".
7
3 Subsection 46(3) (penalty)
8
Omit "30 penalty units", substitute "150 penalty units".
9
4 Section 52 (penalty)
10
Omit "120 penalty units", substitute "150 penalty units".
11
5 Subsections 110(6), 111(3) and 112(4) (penalty)
12
Omit "30 penalty units", substitute "120 penalty units".
13
6 Section 116 (penalty)
14
Omit "30 penalty units", substitute "120 penalty units".
15
7 Subsections 438(1) and 439(1) (penalty)
16
Omit "120 penalty units", substitute
"600 penalty units".
17
8 Subsections 532(1) and 533(1) (penalty)
18
Omit "60 penalty units", substitute "600 penalty units".
19
9 Application of amendments
20
(1)
The amendments of sections 46, 52, 110, 112 and 116 of the
Biosecurity
21
Act 2015
made by this Part apply in relation to conduct engaged in on
22
or after the commencement of this item.
23
Schedule 3
Civil penalty provisions
Part 1
Increased civil penalties
12
Biosecurity Amendment (Advanced Compliance Measures) Bill 2023
No. , 2023
(2)
The amendment of section 111 of the
Biosecurity Act 2015
made by this
1
Part applies in relation to directions given on or after the
2
commencement of this item.
3
(3)
The amendments of sections 438 and 532 of the
Biosecurity Act 2015
4
made by this Part apply in relation to information given on or after the
5
commencement of this item.
6
(4)
The amendments of sections 439 and 533 of the
Biosecurity Act 2015
7
made by this Part apply in relation to documents produced on or after
8
the commencement of this item.
9
Civil penalty provisions
Schedule 3
Other amendments
Part 2
No. , 2023
Biosecurity Amendment (Advanced Compliance Measures) Bill 2023
13
Part
2--Other amendments
1
Biosecurity Act 2015
2
10 Paragraph 439(1)(c)
3
Omit "the information is given", substitute "the document is produced".
4
Schedule 4
Strict liability offences and infringement notices
14
Biosecurity Amendment (Advanced Compliance Measures) Bill 2023
No. , 2023
Schedule
4--Strict liability offences and
1
infringement notices
2
3
Biosecurity Act 2015
4
1 After subsection 140(2)
5
Insert:
6
Strict liability offence
7
(2A) A person commits an offence of strict liability if:
8
(a) the person is given a direction under paragraph 135(2)(b) or
9
138(1)(a); and
10
(b) the person engages in conduct; and
11
(c) the conduct contravenes the direction.
12
Penalty: 60 penalty units.
13
2 Subsection 185(1) (note)
14
Omit "
subsection (
2)", substitute "
subsections (
2) and (2A)".
15
3 Subsection 185(2) (penalty)
16
Omit "or1,000", substitute "or 1,000".
17
4 After subsection 185(2)
18
Insert:
19
Strict liability offence
20
(2A) A person commits an offence of strict liability if the person
21
contravenes subsection (1).
22
Penalty: 60 penalty units.
23
5 After subsection 187(1)
24
Insert:
25
Strict liability offences and infringement notices
Schedule 4
No. , 2023
Biosecurity Amendment (Advanced Compliance Measures) Bill 2023
15
Strict liability offence
--
permits in force
1
(1A) A person commits an offence of strict liability if:
2
(a) the person is the holder of a permit granted under
3
section 179; and
4
(b) the person engages in conduct; and
5
(c) the conduct contravenes a condition of the permit.
6
Penalty: 60 penalty units.
7
6 After subsection 187(3)
8
Insert:
9
Strict liability offence
--
suspended or revoked permits
10
(3A) A person commits an offence of strict liability if:
11
(a) the person was the holder of a permit granted under
12
section 179; and
13
(b) the permit has been suspended or revoked under section 181;
14
and
15
(c) a condition of the permit continues to apply because of
16
subsection 181(3); and
17
(d) the person engages in conduct; and
18
(e) the conduct contravenes the condition.
19
Penalty: 60 penalty units.
20
7 After subsection 243(2)
21
Insert:
22
Strict liability offence
23
(2A) A person commits an offence of strict liability if:
24
(a) the person is given a direction under a provision of this
25
Division; and
26
(b) the person engages in conduct; and
27
(c) the conduct contravenes the direction.
28
Penalty: 60 penalty units.
29
Schedule 4
Strict liability offences and infringement notices
16
Biosecurity Amendment (Advanced Compliance Measures) Bill 2023
No. , 2023
8 After subsection 251(2)
1
Insert:
2
Strict liability offence
3
(2A) A person commits an offence of strict liability if:
4
(a) the person is given a direction under a provision of this
5
Division; and
6
(b) the person engages in conduct; and
7
(c) the conduct contravenes the direction.
8
Penalty: 60 penalty units.
9
9 After subsection 350(2)
10
Insert:
11
Strict liability offence
12
(2A) A person commits an offence of strict liability if:
13
(a) the person is given a direction under paragraph 347(1)(a), (b)
14
or (c); and
15
(b) the person engages in conduct; and
16
(c) the conduct contravenes the direction.
17
Penalty: 60 penalty units.
18
10 Subsection 428(1) (note 2)
19
Omit "
subsection (
2)", substitute "
subsections (
2) and (2A)".
20
11 After subsection 428(2)
21
Insert:
22
Strict liability offence
23
(2A) A person commits an offence of strict liability if the person
24
contravenes subsection (1).
25
Penalty: 60 penalty units.
26
Strict liability offences and infringement notices
Schedule 4
No. , 2023
Biosecurity Amendment (Advanced Compliance Measures) Bill 2023
17
12 After subsection 429(5)
1
Insert:
2
Strict liability offence
3
(5A) A person commits an offence of strict liability if:
4
(a) the person is given a direction under subsection (1); and
5
(b) the person engages in conduct; and
6
(c) the conduct contravenes the direction.
7
Penalty: 60 penalty units.
8
13 Subsection 523(1) (after table item 8)
9
Insert:
10
11
8AA
Subsection 140(2A)
8AB
Subsection 185(2A)
14 Subsection 523(1) (after table item 8A)
12
Insert:
13
14
8B
Subsection 187(1A)
8C
Subsection 187(3A)
15 Subsection 523(1) (after table item 19)
15
Insert:
16
17
19AA
Subsection 243(2A)
19AB
Subsection 251(2A)
16 Subsection 523(1) (after table item 28)
18
Insert:
19
20
28A
Subsection 350(2A)
17 Subsection 523(1) (after table item 39)
21
Insert:
22
Schedule 4
Strict liability offences and infringement notices
18
Biosecurity Amendment (Advanced Compliance Measures) Bill 2023
No. , 2023
1
39A
Subsection 428(2A)
39B
Subsection 429(5A)
18 Application of amendments
2
(1)
Subsection 140(2A) of the
Biosecurity Act 2015
, as inserted by this
3
Schedule, applies in relation to conduct engaged in on or after the
4
commencement of this Schedule that contravenes a direction, whether
5
the direction was given before, on or after that commencement.
6
(2)
Subsection 185(2A) of the
Biosecurity Act 2015
, as inserted by this
7
Schedule, applies in relation to goods brought or imported into
8
Australian territory on or after the commencement of this Schedule.
9
(3)
Subsection 187(1A) of the
Biosecurity Act 2015
, as inserted by this
10
Schedule, applies in relation to conduct engaged in on or after the
11
commencement of this Schedule that contravenes a condition of a
12
permit, whether the permit was granted before, on or after that
13
commencement.
14
(4)
Subsection 187(3A) of the
Biosecurity Act 2015
, as inserted by this
15
Schedule, applies in relation to conduct engaged in on or after the
16
commencement of this Schedule that contravenes a condition of a
17
permit, whether the permit was suspended or revoked before, on or after
18
that commencement.
19
(5)
Subsections 243(2A), 251(2A) and 350(2A) of the
Biosecurity Act
20
2015
, as inserted by this Schedule, apply in relation to conduct engaged
21
in on or after the commencement of this Schedule that contravenes a
22
direction, whether the direction was given before, on or after that
23
commencement.
24
(6)
Subsection 428(2A) of the
Biosecurity Act 2015
, as inserted by this
25
Schedule, applies in relation to conduct engaged in on or after the
26
commencement of this Schedule, whether the arrangement was
27
approved before, on or after that commencement.
28
(7)
Subsection 429(5A) of the
Biosecurity Act 2015
, as inserted by this
29
Schedule, applies in relation to conduct engaged in on or after the
30
commencement of this Schedule that contravenes a direction, whether
31
the direction was given before, on or after that commencement.
32