Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 542

Delegation by Director of Biosecurity

  (1)   The Director of Biosecurity may, in writing, delegate any or all of the Director's functions or powers under this Act to an SES employee, or an acting SES employee, in the Agriculture Department. The functions or powers that may be delegated under this subsection:

  (a)   include functions or powers the Director has as a relevant chief executive, authorised applicant, infringement officer or authorised person for the purposes of a provision of the Regulatory Powers Act because of this Act; and

  (b)   exclude:

  (i)   the power to make the determination under section   308A; and

  (ii)   functions and powers under subsections   541(1) and 618(2) of this Act.

Note 1:   The expressions SES employee and acting SES employee are defined in section   2B of the Acts Interpretation Act 1901 .

Note 2:   See also sections   34AA and 34AB of the Acts Interpretation Act 1901 .

Subdelegation

  (2)   If, under subsection   (1), the Director of Biosecurity delegates a function or power to an SES employee or an acting SES employee in the Agriculture Department, the employee may, in writing, subdelegate the function or power to a person who:

  (a)   is a biosecurity officer; or

  (b)   is a biosecurity enforcement officer; or

  (c)   holds, or is acting in, an Executive Level 1 or 2, or equivalent, position in the Agriculture Department.

Powers and functions that must not be subdelegated

  (3)   However, a power or a function under a provision of this Act referred to in the following table must not be subdelegated under subsection   (2):

 

Powers and functions that must not be subdelegated
Item	Powers and functions	Provision
2	To give approval for high - value goods to be treated in a manner that is likely to damage the goods	Subsection   133(2)
3	To give approval for requiring high - value goods to be destroyed	Subsection   136(2)
4	To determine that specified goods or a specified class of goods must not be brought or imported into Australian territory	Subsection   173(1)
5	To determine that specified classes of goods must not be brought or imported into Australian territory unless specified conditions are complied with	Subsection   174(1)
6	To determine that specified goods or a specified class of goods must not be brought or imported into Australian territory for a specified period	Subsection   182(1)
7	To vary a determination in force under subsection   182(1)	Subsection   183(1)
8	To approve the manner in which information must be provided under subsection   196(2) by persons intending to enter, or entering, Australian territory	Subsection   196(3)
9	To approve the giving of a direction requiring an aircraft or vessel to be moved to a place outside Australian territory	Paragraph   206(3)(a)
10	To approve a biosecurity officer causing an aircraft or vessel to be moved to a place outside Australian territory	Paragraph   206(3)(b)
11	To give approval for a high - value conveyance to be treated in a manner that is likely to damage the conveyance	Subsection   208(2)
12	To give approval for a conveyance to be removed from Australian territory, destroyed or otherwise disposed of	Paragraph   209(5)(d)
13	To give approval for requiring a conveyance to be destroyed or for destruction of a conveyance	Subsection   210(2) and paragraph   210(5)(e)
14	To give approval for a direction requiring an aircraft not to land at any landing place in Australian territory	Subsection   241(2)
15	To give approval for a direction requiring a vessel not to be moored at any port in Australian territory	Subsection   249(2)
16	To give approval for high - value goods to be treated in a manner that is likely to damage the goods	Subsection   335(2)
17	To give approval for a high - value conveyance to be treated in a manner that is likely to damage the conveyance	Subsection   337(2)
18	To give approval for a conveyance to be destroyed	Subparagraph   338(5)(d)(i)
19	To give approval for premises to be treated in a manner that is likely to damage the premises	Subsection   339(3)
20	To give approval for premises to be destroyed	Subparagraphs   341(3)(d)(ii) and (4)(b)(ii)
21	To give approval for high - value goods to be destroyed	Subsection   342(2)
22	To give approval for requiring a conveyance to be destroyed or taking action to destroy a conveyance	Subsection   343(2) and paragraph   343(5)(d)
23	To give approval for requiring premises to be destroyed	Subsection   344(3)
24	To determine a biosecurity response zone	Subsection   365(1)
25	To determine a temporary biosecurity monitoring zone	Subsection   384(1)
26	To determine a biosecurity activity zone	Subsection   395(1)
26A	To arrange for the use of computer programs for purposes related to making certain decisions under this Act and any other power or function conferred by section   541A	Section   541A
26AA	To determine a list of goods or classes of goods	Subsection   524A(1)
26AB	To use or disclose relevant information	Sections   582 to 590 and section   590G
27	To cause an abandoned conveyance to be destroyed	Subsection   629(3)
28	To cause a forfeited conveyance to be destroyed	Subsection   630(3)

Delegate or subdelegate must comply with directions

  (4)   In performing any functions or exercising any powers under a delegation or subdelegation, the delegate or subdelegate must comply with any directions of the Director of Biosecurity or the person who delegated the function or power.

Application of the Acts Interpretation Act 1901 to subdelegation

  (5)   Sections   34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to a subdelegation in a corresponding way to the way in which they apply in relation to a delegation.