Commonwealth Consolidated Regulations

BIOSECURITY REGULATION 2016

- made under the Biosecurity Act 2015

TABLE OF PROVISIONS

            

CHAPTER 1--Preliminary
            

   PART 1--PRELIMINARY

   1.      Name  
   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: goods
            

   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: conveyances
            

   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  
   51A.    Requirements for further information--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 5--Managing biosecurity risks: monitoring, control and response
            

   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 given at a first point of entry  
            

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 2--COST--RECOVERY

           Division 1--Fees

   105.    Meaning of consignment  
   106.    Fees that may be charged in relation to fee - bearing activities  
   106A.   Fee - bearing activities carried out in special processing areas  
   107.    When sections 106 and 106A do not apply  
   107A.   Indexation of fees  

           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 certain cost - recovery charges  

   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  
            

CHAPTER 10--Transitional matters
            

   121.    Amendments made by the Customs and Biosecurity Amendment (Deferred Charges for Australian Trusted Traders) Regulations 2021  
   122.    Amendments made by the Biosecurity Amendment (Extension of Non - prescribed Goods) Regulations 2022  
   123.    Amendments made by the Biosecurity Amendment (2022 Measures No. 1) Regulations 2022  
   124.    Amendments made by the Biosecurity Amendment (Fees) Regulations 2023