Commonwealth Consolidated Regulations

BIOSECURITY REGULATION 2016 - REG 48

Application

  (1)   This section makes provision in relation to a report under subsection   193(1) of the Act in relation to a vessel (other than a vessel referred to in subsection   49(1)).

Note 1:   Section   49 applies in relation to certain vessels on, or intending to make, a voyage commencing in the protected zone or the Torres Strait permanent biosecurity monitoring zone.

Note 2:   A failure to give a report containing the information referred to in this section may contravene subsection   193(4) of the Act.

Note 3:   A report is not required to be given in relation to certain vessels (see section   51).

Information that must be included in report

  (2)   The information in relation to the vessel that must be included in the report is as follows:

  (a)   information identifying the vessel and a description of the vessel;

  (b)   the name of the person in charge of the vessel and other information identifying the person;

  (c)   the name of the officers and crew on board the vessel and other information identifying those persons;

  (d)   details of the vessel's intended voyage in Australian territory;

  (e)   the name and contact details of each agent of the vessel at each port the vessel intends to visit during the voyage;

  (f)   details of any intended crew changes while the vessel is in Australian territory;

  (g)   details of any intended disembarkation of passengers in Australian territory, including:

  (i)   the number of passengers intending to disembark; and

  (ii)   the ports where the passengers are intending to disembark;

  (h)   whether the vessel has, in the previous 24 months, visited a port in any region of seasonal pest concern referred to in the approved form;

  (i)   if fertiliser, grain, stock feed, seeds or other dry bulk agricultural goods are intended to be loaded onto the vessel at a port in Australian territory and then carried by the vessel to be unloaded at another port in Australian territory--that fact;

  (j)   if livestock or fertiliser, grain, stock feed, seeds or other dry bulk agricultural goods (the relevant goods ) are, or are intended to be, carried on the vessel during the voyage (the current voyage ) to which the report relates, or have been carried on the vessel on any previous voyage:

  (i)   details of any relevant goods carried, or intended to be carried, by the vessel on the current voyage, including the place of origin of the goods and any additional information about where the goods were manufactured, grown or obtained required by the approved form, each port where the goods are, or are intended to be, loaded onto the vessel, and each port in Australian territory where the goods are, or are intended to be, unloaded; and

  (ii)   details of cleaning, disinfection and disinsection processes carried out, or intended to be carried out, during the current voyage before the vessel's arrival in Australian territory; and

  (iii)   details of any goods carried in the holds of the vessel on the vessel' s 15 previous voyages, or on any lower number of the vessel's previous voyages that may be required by the approved form;

  (k)   details of any live plants, or plants that have died, on board the vessel during the voyage, including details of the maintenance history of the plants;

  (l)   details of any person on board the vessel who has, or had, during the voyage signs or symptoms of a listed human disease, or signs or symptoms of any other disease that are, or were, not due to:

  (i)   a pre - existing physical condition; or

  (ii)   an injury; or

  (iii)   inebriation; or

  (iv)   the effects of a drug other than alcohol; or

  (v)   motion sickness;

  (la)   details of any medication or treatment provided by the officers and crew of the vessel to any person on board the vessel in respect of a disease;

  (m)   details of any person on board the vessel who died during the voyage;

  (n)   details of any animals on board the vessel, including the health and condition of the animals and details of any animals that died during the voyage;

  (o)   details of any insects on board the vessel since the vessel's last departure from a port before the report is given;

  (oa)   details of any inspections of the vessel for biofouling, cleaning of biofouling or treatment for biofouling undertaken before the vessel's arrival in Australian territory;

  (ob)   details of any inspections of the vessel for biofouling, cleaning of biofouling or treatment for biofouling intended while the vessel is in Australian territory;

  (oc)   practices included in any plan of biofouling management for the vessel that is currently in use;

  (od)   details of the voyage history of the vessel in the past 12 months;

  (p)   details of whether waste on board the vessel is securely contained;

  (q)   if the vessel is a foreign vessel--details of any ship sanitation certificate that is in force for the vessel, including:

  (i)   details of any treatment or other biosecurity measures that have been taken, or are required to be taken, in relation to the vessel; and

  (ii)   any extensions of the certificate.

Manner in which report must be given

  (3)   The report must be given:

  (a)   if the report relates to a vessel other than a non - commercial vessel--in writing (including electronically); or

  (b)   if the report relates to a non - commercial vessel--orally or in writing (including electronically).

Note:   The report must be in a form or forms approved by the Director of Biosecurity (see paragraph   193(2)(d) of the Act).

Person to whom report must be given

  (4)   The report must be given to a biosecurity official or a customs officer.

  (5)   If the report is given using an electronic system, the report is taken to have been given to a biosecurity official or a customs officer.

Time report must be given

  (6)   The report must be given:

  (a)   if the report relates to a vessel other than a non - commercial vessel--at least 12 hours, but no earlier than 96 hours, before the vessel is estimated to arrive at its first port in Australian territory; or

  (b)   if the report relates to a non - commercial vessel:

  (i)   before the vessel departs from its intended last port before arriving in Australian territory but no earlier than 90 days before the vessel is estimated to arrive at its first port in Australian territory; or

  (ii)   at least 12 hours before the vessel is estimated to arrive at its first port in Australian territory; or

  (c)   in any case--at the time specified by a biosecurity official.