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BIOSECURITY BILL 2015

                                     New South Wales




Biosecurity Bill 2015

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill
The objects of this Bill are as follows:
(a) to provide a framework for the prevention, elimination and minimisation of biosecurity
      risks posed by biosecurity matter, dealing with biosecurity matter, carriers and potential
      carriers, and other activities that involve biosecurity matter, carriers or potential carriers,
(b) to promote biosecurity as a shared responsibility between government, industry and
      communities,
(c) to provide a framework for the timely and effective management of the following:
      (i)    pests, diseases, contaminants and other biosecurity matter that are economically
             significant for primary production industries,
      (ii) threats to terrestrial and aquatic environments arising from pests, diseases,
             contaminants and other biosecurity matter,
      (iii) public health and safety risks arising from contaminants, non-indigenous animals,
             bees, weeds and other biosecurity matter known to contribute to human health
             problems,
      (iv) pests, diseases, contaminants and other biosecurity matter that may have an adverse
             effect on community activities and infrastructure,
(d) to provide a framework for risk-based decision-making in relation to biosecurity,
(e) to give effect to intergovernmental biosecurity agreements to which the State is a party,
(f)   to provide the means by which biosecurity requirements in other jurisdictions can be met,
      so as to maintain market access for industry.


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Outline of provisions
Part 1       Preliminary
Part 1 deals with preliminary matters, including the following:
(a) the name of the proposed Act,
(b) the commencement of the proposed Act on a proclaimed day or days,
(c) the objects of the proposed Act, as set out in the Overview,
(d) that the proposed Act binds the Crown and has extraterritorial application,
(e) that the proposed Act does not give rise to or affect any civil cause of action.

Part 2       Interpretation, key concepts and principles
Division 1 (Interpretation) contains provisions that:
(a) define terms used in the proposed Act, and
(b) explain the way in which biosecurity matter is referred to in the proposed Act, and
(c) provide that notes included in the proposed Act do not form part of the proposed Act.
Division 2 (Key concepts) defines key concepts used in the proposed Act including the following:
(a) biosecurity matter, which is defined to mean any living thing (other than a human), any part
      of an animal, plant or living thing (other than a human), any produce of a living thing (other
      than a human), a disease, a prion, a contaminant, a disease agent that can cause disease in a
      living thing (other than a human) or that can cause disease in a human via transmission from
      a non-human host to a human or anything prescribed by the regulations,
(b) carrier, which is defined to mean any thing (whether alive, dead or inanimate, and
      including a human) that has, or is capable of having, any biosecurity matter on it, attached
      to it or contained in it,
(c) deal, with biosecurity matter or a carrier, which is broadly defined to include keep, have
      possession, care, custody or control over, produce, manufacture, supply, import, acquire,
      buy, sell, dispose of, move, release biosecurity matter or a carrier and other dealings,
(d) biosecurity impact, which is defined to mean an adverse effect on the economy, the
      environment or the community that arises, or has the potential to arise, from biosecurity
      matter, a carrier or dealing with biosecurity matter or a carrier, being an adverse effect that
      is related to one of the matters listed in the definition,
(e) biosecurity risk, which is defined to mean the risk of a biosecurity impact occurring,
(f)   pest, which is defined to mean a plant or animal (other than a human) that has an adverse
      effect on, or is suspected of having an adverse effect on, the environment, the economy or
      the community because it has the potential to out-compete other organisms for resources,
      prey on, feed, transmit disease to or cause harm to other organisms, reduce the productivity
      of agricultural systems or the value of agricultural products, damage infrastructure, reduce
      the amenity or aesthetic value of premises, harm or reduce biodiversity or do any other thing
      prescribed by the regulations.
Division 3 (Principles that apply to biosecurity duties) sets out the following principles, which
apply to all biosecurity duties that persons have under the proposed Act:
(a) that a biosecurity duty cannot be transferred to another person,
(b) that a person can have more than one biosecurity duty,
(c) that more than one person can concurrently have the same biosecurity duty (and in such a
      case each duty holder must comply with that duty and retains responsibility for it),
(d) that a duty imposed on a person to prevent, eliminate or minimise a biosecurity risk so far
      as is reasonably practicable is a duty to prevent or eliminate a biosecurity risk, so far as is


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      reasonably practicable and, if it is not reasonably practicable to prevent or eliminate the
      biosecurity risk, to minimise the biosecurity risk so far as is reasonably practicable.

Part 3       General biosecurity duty
Part 3 contains provisions that:
(a) set out the general biosecurity duty, which is that any person who deals with biosecurity
      matter or a carrier, and who knows, or ought reasonably to know, the biosecurity risk posed
      or likely to be posed by the biosecurity matter, carrier or dealing, has a biosecurity duty to
      ensure that, so far as is reasonably practicable, the biosecurity risk that is posed or likely to
      be posed by the biosecurity matter, carrier or dealing is prevented, eliminated or minimised,
      and
(b) make it an offence for a person to fail to discharge the person's general biosecurity duty
      (and provides for the person to be guilty of a continuing offence if the failure continues),
      and
(c) provide for the regulations to require persons who deal with biosecurity matter or carriers
      to take specified actions to prevent, eliminate or minimise a biosecurity risk posed or likely
      to be posed by the biosecurity matter, carrier or dealing (called mandatory measures in the
      proposed Part), and
(d) make it an offence for a person who deals with biosecurity matter or a carrier to contravene
      any such mandatory measures (which can also be a continuing offence), and
(e) refer to Schedule 1, which contains further provisions relating to those duties that apply
      specifically to weeds.

Part 4       Prohibited matter and related biosecurity duties
Division 1 (Preliminary) provides that:
(a) biosecurity matter described in Schedule 2 to the proposed Act is prohibited matter, and
(b) biosecurity matter described in Part 1 of Schedule 2 is prohibited matter throughout the
      State and biosecurity matter described in Part 2 of Schedule 2 is prohibited in that part of
      the State specified in the Part, and
(c) the regulations may amend Schedule 2.
Division 2 (Offence of dealing with prohibited matter) contains provisions that:
(a) make it an offence to deal with biosecurity matter that is prohibited matter (throughout the
      whole State or in the part of the State that it is prohibited matter), and
(b) establish a defence of unknowing possession of biosecurity matter (if the person did not
      know, and could not reasonably be expected to have known, that the matter was in the
      person's possession, care, custody or control).
Division 3 (Duty to notify presence of prohibited matter) contains provisions that:
(a) create a concept of a prohibited matter event, which is defined to mean:
      (i)    the presence of biosecurity matter in a part of the State in which it is prohibited
             matter, or
      (ii) the introduction of biosecurity matter into a part of the State in which it is prohibited
             matter, and
(b) create a biosecurity duty to immediately notify any prohibited matter event that a person
      becomes aware of or suspects has occurred, is occurring or is about to occur which arises if
      the person:
      (i)    is the owner, occupier or person in charge of, or who has the care, custody or control
             of, premises, a carrier or other thing in relation to which the prohibited matter is
             present or suspected of being present, or



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      (ii)   becomes aware of, or suspects, the prohibited matter event as a result of any
             consultation or other work carried out in relation to premises, a carrier or other thing
             in the person's professional capacity, or
      (iii) is a person of a class prescribed by the regulations, and
(c) create an offence of failing to discharge the biosecurity duty to notify the prohibited matter
      event (which may be a continuing offence), and
(d) establish a defence for failure to notify a prohibited matter event that was widely and
      publicly known, and
(e) provide protection against self-incrimination for information required to be provided to
      discharge the biosecurity duty, and
(f)   enable the regulations to make further provision relating to notifications.
Division 4 (Duty to prevent, eliminate or minimise risk posed by prohibited matter) contains
provisions that:
(a) create a biosecurity duty to prevent, eliminate or minimise risk posed by prohibited matter
      which is imposed on a person who:
      (i)    becomes aware of, or suspects, the presence of biosecurity matter in a part of the
             State in which it is prohibited matter and who is the owner, occupier or person in
             charge of, or who has the care, custody or control of, premises, a carrier or other thing
             in relation to which the prohibited matter is present or suspected of being present, or
      (ii) becomes aware of, or suspects, the presence of prohibited matter as a result of any
             consultation or other work carried out in relation to premises, a carrier or other thing
             in the person's professional capacity, or
      (iii) is a person of a class prescribed by the regulations, and
(b) provide that a failure to discharge that biosecurity duty is an offence (which may be a
      continuing offence).
Division 5 (Duty to notify biosecurity events) contains provisions that:
(a) create a concept of a biosecurity event, which is defined to mean something that has
      occurred, is occurring or is likely to occur and which has had, is having, or is likely to have,
      a significant biosecurity impact and to include anything declared by the regulations to be a
      biosecurity event, and
(b) create a biosecurity duty to notify a biosecurity event if a person becomes aware of or
      suspects the existence of a biosecurity event, which is imposed on a person who:
      (i)    is the owner, occupier or person in charge of, or who has the care, custody or control
             of, premises, a carrier or other thing in relation to which the biosecurity event has
             occurred, is occurring or is likely to occur, or
      (ii) becomes aware of, or suspects, the biosecurity event as a result of any consultation
             or other work carried out in relation to premises, a carrier or other thing in the
             person's professional capacity, or
      (iii) is a person of a class prescribed by the regulations, and
(c) provide that failure to discharge that biosecurity duty is an offence (which may be a
      continuing offence), and
(d) establish a defence for failure to notify a biosecurity event that was widely and publicly
      known, and
(e) provide protection against self-incrimination for information required to be provided to
      discharge the biosecurity duty, and
(f)   enable the regulations to make further provision relating to notifications.




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Part 5       Emergency orders
Division 1 (Emergency orders) contains provisions that:
(a) give the Secretary of the Department of Industry, Skills and Regional Development the
      power to make an order in writing (an emergency order) that declares a biosecurity
      emergency and establishes measures to respond to that biosecurity emergency, in
      circumstances where the Secretary is satisfied that, or reasonably suspects that, there is a
      current or imminent biosecurity risk that may have a significant biosecurity impact, and
(b) provide that the principal objects of an emergency order are to isolate an emergency zone
      or biosecurity matter, to prevent the spread of the biosecurity matter and to eradicate the
      biosecurity matter (if practicable), and
(c) provide for the content of emergency orders and the giving of notice of them, and
(d) provide that emergency orders remain in force for no longer than 6 months (but can be
      extended).
Division 2 (Matters for which emergency order may provide) sets out the matters for which
emergency orders may provide. This is achieved as follows:
(a) by creating a concept of an emergency zone which is defined to mean the principal area or
      areas in relation to which, in the opinion of the Secretary, measures are required to be
      implemented under the emergency order,
(b) by creating the concept of emergency measures which is defined as the measures that the
      Secretary establishes under an emergency order to respond to a biosecurity emergency,
(c) by giving examples of such emergency measures that can be specified in an emergency
      order,
(d) by specifying additional special powers for which those emergency measures may provide.
Division 3 (Limitations that apply to emergency order) imposes the following limitations on
emergency orders:
(a) an emergency order cannot require a person to undergo any treatment measure, other than
      an external treatment measure,
(b) an emergency order cannot require a person to provide samples of the person's blood, hair,
      saliva or any other body part or body fluid,
(c) that a requirement of an emergency order to submit to an inspection is a requirement to
      submit to a visual inspection,
(d) an emergency order cannot require or authorise the destruction of a thing unless the
      Secretary is of the opinion that it is reasonably necessary to prevent, eliminate or minimise
      a significant biosecurity impact or unless the biosecurity matter to be destroyed is an animal
      and the Secretary is of the opinion that the destruction is necessary to ensure that the other
      emergency measures provided for by the emergency order do not have or continue to have
      an adverse effect on animal welfare,
(e) that persons directly affected by a destruction requirement are generally required to be
      advised of the requirement.
Division 4 (Effect of order) deals with the effect of an emergency order by providing that:
(a) an emergency order prevails, to the extent of any inconsistency, over the regulations or any
      biosecurity registration, permit (other than an emergency permit), control order or any other
      instrument or exemption granted, made or given under the proposed Act, and
(b) it is an offence to contravene an emergency order (which may be a continuing offence), and
(c) if there is a failure to comply with an emergency order, the Secretary may authorise the
      required actions to be taken by any person and recover the costs and expenses incurred in
      doing so from the person required to comply with the order.




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Division 5 (General) contains provisions:
(a) dealing with the amendment or revocation of emergency orders, and
(b) that prevent a court or tribunal making any interim injunction or interim order, or giving of
      any interim relief, that prevents, restricts or defers any emergency order or anything
      authorised or required by an emergency order.

Part 6       Control orders
Division 1 (Control orders) contains provisions that:
(a) give the Secretary the power to make a control order, which establishes one or more control
      zones and establishes measures, in connection with the control zone, to prevent, eliminate,
      minimise or manage a biosecurity risk or biosecurity impact, but only if the Secretary
      reasonably believes that the order is necessary to prevent, eliminate, minimise or manage
      the biosecurity risk or biosecurity impact, and
(b) provide that the principal object of a control order is to prevent the introduction of, or
      eradicate, biosecurity matter that poses or is likely to pose a biosecurity risk, and
(c) specify the contents of control orders, and
(d) provide for the giving of notice of control orders, and
(e) provide for the duration of control orders (for a maximum of 5 years) and their extension.
Division 2 (Matters for which control order may provide) specifies the matters for which
control orders must provide. This is achieved as follows:
(a) by creating a concept of a control zone, which is defined to mean the principal area or areas
      in relation to which, in the opinion of the Secretary, measures are required to be
      implemented,
(b) by creating a concept of control measures, which are defined to mean the measures that the
      Secretary establishes under a control order to prevent, eliminate, minimise or manage the
      biosecurity risk or biosecurity impact to which an order relates,
(c) by providing examples of control measures that may be contained in a control order.
Division 3 (Limitations that apply to control order) imposes the following limitations on
control orders:
(a) a control order cannot prohibit, regulate or control the movement of a person,
(b) a control order cannot require treatment measures to be carried out on a person,
(c) a control order cannot require a person to provide samples of the person's blood, hair, saliva
      or any other body part or body fluid,
(d) a control order cannot authorise the destruction of a thing unless it is, or is reasonably
      suspected of being, prohibited matter, is a carrier of, or is reasonably suspected of being a
      carrier of, prohibited matter, is a pest to which the order relates, is, or is reasonably
      suspected of being, infected or infested with, or harbouring, the biosecurity matter to which
      the order relates (and there are no other reasonably practicable treatment measures to
      eliminate or minimise the biosecurity risk posed) or is abandoned biosecurity matter or an
      abandoned carrier of biosecurity matter,
(e) consultation is required with the relevant government agency before the Secretary makes
      control orders that require the destruction of any living thing that is protected fauna, a
      protected native plant or a threatened species, or that require the clearing of any native
      vegetation or any harm to any building work, relic, moveable object or place the subject of
      an interim heritage order or a heritage listing.
Division 4 (Effect of control order) deals with the effect of control orders by:
(a) making it an offence to contravene a control order (which can be a continuing offence), and




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(b)   providing that, if there is a failure to comply with a control order, the Secretary may
      authorise the required actions to be taken by any person and recover the costs and expenses
      incurred in doing so from the person required to comply with the order.
Division 5 (General) provides for the amendment or revocation of control orders.

Part 7       Biosecurity zones
Division 1 (Biosecurity zones) contains provisions that:
(a) provide that the regulations may establish one or more biosecurity zones for the purpose of
      preventing, eliminating, minimising or managing a biosecurity risk or biosecurity impact,
      and
(b) provide that the principal object of a biosecurity zone regulation is to provide for the long
      term management of a biosecurity risk or biosecurity impact, and
(c) list the matters that can be specified in biosecurity zone regulations.
Division 2 (Matters for which regulations may provide) specifies the matters for which
biosecurity zone regulations may provide as follows:
(a) that the biosecurity zones specified in the regulations may be any specified premises or
      specified part of premises, any specified area or the whole or any specified part of the State,
(b) that the regulatory measures specified in the regulations are the measures to be
      implemented for the purpose of preventing, eliminating, minimising or managing a
      biosecurity risk or biosecurity impact,
(c) that those regulatory measures may prohibit, regulate or control the doing of any thing or
      require or authorise the doing of any thing,
(d) by providing examples of regulatory measures that can be included in a biosecurity zone
      regulation.
Division 3 (Limitations on regulation-making power) sets out the following limitations on the
regulation-making power in relation to biosecurity zones:
(a) a biosecurity zone regulation cannot prohibit, regulate or control the movement of a person,
(b) a biosecurity zone regulation cannot require treatment measures to be carried out in relation
      to any person,
(c) a biosecurity zone regulation cannot require a person to provide samples of the person's
      blood, hair, saliva or any other body part or body fluid,
(d) a biosecurity zone regulation cannot require or authorise the destruction of a thing unless it
      is, or is reasonably suspected of being, prohibited matter, is a carrier of, or is reasonably
      suspected of being a carrier of, prohibited matter, is a pest to which the biosecurity zone
      relates, is, or is reasonably suspected of being, infected or infested with, or harbouring, the
      biosecurity matter to which the regulations relate (and there are no other reasonably
      practicable treatment measures to eliminate or minimise the biosecurity risk posed) or is
      abandoned biosecurity matter or an abandoned carrier of biosecurity matter,
(e) consultation is required with the relevant Minister before the Minister recommends the
      making of regulations that require the destruction of any living thing that is protected fauna,
      a protected native plant or a threatened species, that require the clearing of any native
      vegetation or any harm to any building work, relic, moveable object or place the subject of
      an interim heritage order or a heritage listing.
Division 4 (Effect of biosecurity zone) specifies the effect of a biosecurity zone regulation,
namely:
(a) that a person who contravenes any biosecurity zone regulation is guilty of an offence (which
      can be a continuing offence), and




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(b)   that, if there is a failure to comply with a biosecurity zone regulation, the Secretary may
      authorise the required actions to be taken by any person and recover the costs and expenses
      incurred in doing so from the person required to comply with the regulation.

Part 8       Powers of authorised officers
Division 1 (Preliminary) sets out:
(a) the purposes for which functions under the proposed Part may be exercised, including the
       following purposes:
       (i)    investigating, monitoring and enforcing compliance with the requirements imposed
              by or under the proposed Act,
       (ii) obtaining information or records for purposes connected with the administration of
              the proposed Act,
       (iii) exercising, or assisting in the exercise of, functions in connection with a biosecurity
              audit,
       (iv) preventing, eliminating, minimising or managing biosecurity risks or suspected
              biosecurity risks,
       (v) preventing, managing or controlling a biosecurity impact,
       (vi) enforcing, administering or executing the proposed Act (including any instrument
              made under the proposed Act), and
(b) that the functions conferred by the proposed Act can also be exercised in connection with
       the Stock Medicines Act 1989, legislation repealed by the proposed Act and certain other
       legislation, and
(c) when an authorised officer may exercise a function in the case of an emergency.
Division 2 (Information gathering powers) sets out the main information gathering powers of
authorised officers, including the following:
(a) the power to require information and records,
(b) the power to require answers to questions,
(c) the power to record those questions and answers,
(d) the power to demand that a person state his or her name and address,
(e) the additional power to require information in an emergency (and the extent to which
       incriminating evidence obtained in that way may be used).
Division 3 (Entry to premises) sets out:
(a) the powers of authorised officers to enter premises, and
(b) that authorised officers can enter residential premises only with permission or a search
       warrant, and
(c) the circumstances in which a search warrant may be issued, and
(d) the power of an authorised officer to require the owner or occupier of premises to provide
       assistance.
Division 4 (Investigation and risk management powers) provides for the exercise of
investigation and risk management powers including:
(a) that powers that can be exercised on premises to do things that are in the opinion of the
       authorised officer necessary to be done for an authorised purpose (set out in proposed
       Division 1), and
(b) that an authorised officer can require the owner or occupier of premises or any person in or
       on the premises to provide reasonable assistance to the authorised officer, and
(c) for the recovery of fees for certain action taken by an authorised officer under a power
       conferred by the proposed Division.


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Division 5 (Functions in relation to seized things):
(a) requires an authorised officer to give a receipt for a seized thing, and
(b) an authorised officer is required to return a seized thing if satisfied that it is lawful for the
       owner to have possession of the thing and the continued retention of the thing in custody is
       not justified, and
(c) provides for an authorised officer to certify that the authorised officer is unable to return a
       seized thing, and
(d) provides for the making of court orders requiring delivery of seized things to the owner of
       the seized thing, and
(e) provides for the forfeiture of a seized thing to the Secretary if the Secretary is satisfied that
       the continued retention of the thing in custody is not justified and the thing cannot be
       returned to its owner, and
(f)    makes it clear that forfeited seized things become the property of the Secretary.
Division 6 (Limitations on powers) sets out the following limitations on the exercise of powers
of authorised officers:
(a) an authorised officer cannot prohibit, regulate or control the movement of a person,
       examine or inspect a person or require a person to undergo treatment measures or require
       treatment measures to be carried out in relation to a person (except as authorised by an
       emergency order),
(b) an authorised officer cannot require a person to submit to any testing or to provide samples
       of the person's blood, hair, saliva or any other body part or body fluid,
(c) limitations on the destruction of things to circumstances where the thing is, or is reasonably
       suspected of being, prohibited matter, is a pest, or the thing is, or is reasonably suspected of
       being, infected or infested with, or of harbouring, biosecurity matter that poses a biosecurity
       risk and there are no other reasonably practicable treatment measures that could eliminate
       or minimise the biosecurity risk posed by the biosecurity matter, or the destruction is
       expressly authorised or required by an emergency order, control order or biosecurity zone
       regulation,
(d) that persons directly affected by destruction are generally to be advised of the proposed
       destruction,
(e) the interaction of powers with restrictions imposed by Acts about national parks and
       wildlife, threatened species conservation, native vegetation and the protection of heritage
       items.
Division 7 (General) makes general provisions in relation to the powers of authorised officers
including:
(a) making it an offence to contravene a requirement made by an authorised officer exercising
       a power conferred by the proposed Part (which may be a continuing offence), and
(b) providing for a defence of reasonable excuse to such a contravention, which applies in
       limited circumstances, and
(c) requiring an authorised officer entering or searching premises, or doing anything else on
       premises, to do as little damage as possible, and
(d) providing that the Secretary must compensate persons for the damage caused by an
       authorised officer in exercising a power to enter premises, or a power to break open or
       otherwise access a thing for the purposes of examination or inspection, but not any damage
       caused by the exercise of any other power, and
(e) providing for the revocation or variation of notices under the proposed Part.




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Part 9       Biosecurity directions
Division 1 (Preliminary) provides:
(a) that a power conferred by the proposed Part to give a biosecurity direction may be exercised
       whether or not a power of entry has been exercised, and
(b) for when an authorised officer can exercise functions under the proposed Part in the case of
       an emergency.
Division 2 (Biosecurity directions) provides that an authorised officer can give a biosecurity
direction which is either:
(a) a general biosecurity direction, which is a direction that applies to the public generally or
       to a specified section of the public such as persons engaged in a specific activity or who
       frequent particular premises, or
(b) an individual biosecurity direction, which is a direction that applies to a particular person.
The proposed Division also provides for the revocation or variation of biosecurity directions.
Division 3 (General biosecurity directions) makes provision in relation to general biosecurity
directions:
(a) by providing that an authorised officer may give a general biosecurity direction if the officer
       reasonably believes it is necessary to do so to prevent, eliminate or minimise a biosecurity
       risk or to prevent, manage or control a biosecurity impact that has occurred, is occurring or
       is likely to occur or to enforce, administer or execute the proposed Act (including an
       instrument made under the proposed Act), and
(b) by providing that a general biosecurity direction may prohibit, regulate or control
       (absolutely or conditionally) the carrying out of any activity in connection with biosecurity
       matter, a carrier or a potential carrier, and
(c) by providing that a general biosecurity direction (in the case of an emergency) may prohibit,
       regulate or control entry to or exit from any specified premises or area or prohibit, regulate
       or control the use of any road within or going into or out of a specified area or premises
       (including by closing roads), and
(d) by specifying how a general biosecurity direction can be given.
Division 4 (Individual biosecurity directions) provides for the giving of individual biosecurity
directions that prohibit, regulate or control (absolutely or conditionally) the doing of any thing by
the persons to whom the biosecurity directions are given, including:
(a) the circumstances in which an individual biosecurity direction can be given, that is, if the
       authorised officer reasonably believes the direction is necessary:
       (i)    to prevent the person from contravening or continuing to contravene any requirement
              imposed by or under the proposed Act, or
       (ii) to prevent, eliminate or minimise a biosecurity risk, or
       (iii) to prevent, manage or control a biosecurity impact that has occurred, is occurring or
              is likely to occur, or
       (iv) to enforce, administer or execute the proposed Act (including an instrument made
              under that Act), and
(b) how an individual biosecurity direction can be given, and
(c) examples of individual biosecurity directions, and
(d) special emergency powers, under which an individual biosecurity direction may direct a
       person to permit an authorised officer to inspect persons, things or vehicles for biosecurity
       matter, a carrier or a potential carrier, or to carry out or permit treatment measures to be
       carried out in relation to a person, thing or vehicle, and
(e) the charging of a fee for individual biosecurity directions, and




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(f)   if there is a failure to comply with a biosecurity direction, an authorised officer may
      authorise the required actions to be taken by any person and the Secretary may recover the
      costs and expenses incurred in doing so from the person required to comply with the
      direction.
Division 5 (Limitations on powers) sets out the following limitations on biosecurity directions:
(a) a biosecurity direction cannot prohibit, regulate or control the movement of a person or
      require a person to undergo any treatment measures or require treatment measures to be
      carried out in relation to a person except in the case of an emergency,
(b) a biosecurity direction cannot require a person to provide samples of the person's blood,
      hair, saliva or any other body part or body fluid,
(c) what is permitted when requiring a person to submit to an inspection,
(d) limitations on the destruction of things to circumstances where the thing is, or is reasonably
      suspected of being, prohibited matter or is infected or infected or infested with, or of
      harbouring, biosecurity matter that poses a biosecurity risk and there are no other
      reasonably practicable treatment measures that could eliminate or minimise the biosecurity
      risk posed by the biosecurity matter, the thing is a pest or the destruction is expressly
      authorised or required by an emergency order, control order or biosecurity zone regulation,
(e) limitations on the exercise of powers that conflict with other legislation about national parks
      and wildlife, threatened species conservation, native vegetation and the protection of
      heritage items.
Division 6 (General) makes general provisions in relation to biosecurity directions including:
(a) making it an offence to contravene a biosecurity direction (which may be a continuing
      offence), and
(b) creating a defence if there is a reasonable excuse for the contravention, and
(c) providing for appeals to the Land and Environment Court against a decision to give or
      amend a biosecurity direction, and
(d) providing that prior notice of a biosecurity direction is not required.

Part 10 Biosecurity undertakings
Part 10 provides for the following:
(a) the making and acceptance of biosecurity undertakings, which are undertakings given by a
      person if the person has contravened, or an authorised officer suspects that the person has
      contravened or is likely to contravene, a requirement imposed by or under the proposed Act,
      in which the person agrees to implement measures to remedy or prevent the contravention,
(b) the contents of a biosecurity undertaking, which must specify the contravention, suspected
      contravention or likely contravention to which the biosecurity undertaking relates, the
      measures that the person has agreed to implement to remedy or prevent the contravention,
      suspected contravention or likely contravention, and the period or periods by the end of
      which the measures must be implemented,
(c) when a biosecurity undertaking takes effect,
(d) that contravening a biosecurity undertaking is an offence (which may be a continuing
      offence),
(e) the fee for preparing and accepting a biosecurity undertaking,
(f)   if there is a failure to comply with a biosecurity undertaking, an authorised officer may
      authorise the required actions to be taken by any person and the Secretary may recover the
      costs and expenses incurred in doing so from the person required to comply with the
      undertaking,




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(g)   that the Land and Environment Court can make orders requiring compliance with a
      biosecurity undertaking, or discharging or varying an undertaking or additional orders in
      connection with a biosecurity undertaking,
(h)   the withdrawal or variation of biosecurity undertakings,
(i)   that enforcement action under the proposed Act is not prevented by an undertaking.

Part 11 Prohibited dealings and registrable dealings
Division 1 (Prohibited dealings) provides that:
(a) a dealing with biosecurity matter described in Schedule 3 to the proposed Act is a prohibited
      dealing, and
(b) the regulations may amend Schedule 3 by inserting, altering or omitting the description of
      any matter in that Schedule, and
(c) it is an offence to engage in a prohibited dealing (which may be a continuing offence).
Division 2 (Dealings for which biosecurity registration is required) provides that:
(a) each of the dealings described in Schedule 4 to the proposed Act is a registrable dealing, and
(b) the regulations may amend Schedule 4 by inserting, altering or omitting the description of
      any matter in that Schedule, and
(c) it is an offence to engage in a registrable dealing unless a person is a registered entity and
      the dealing is authorised by the person's biosecurity registration, and
(d) a defence is available for employees and agents of registered agencies who engage in
      registrable dealings without registration.

Part 12 Biosecurity registration
Division 1 (Preliminary) contains provisions that:
(a) give the Secretary power to authorise a person to engage in a registrable dealing by granting
      biosecurity registration, and
(b) provide that biosecurity registration authorises only the dealing or dealings specified in the
      notice by which the registration is granted or renewed, and
(c) state that a person is a registered entity if the person has been granted biosecurity
      registration that is in force, and
(d) provide for when the Secretary may exercise functions under the proposed Part in the case
      of an emergency.
Division 2 (Application for biosecurity registration) provides for:
(a) the making of applications for biosecurity registration, and
(b) the grant or refusal of an application for biosecurity registration, and
(c) circumstances in which the Secretary may refuse biosecurity registration, and
(d) the duration of biosecurity registration, and
(e) the variation of biosecurity registration.
Division 3 (Renewal of biosecurity registration) provides for:
(a) the making of applications for renewal of biosecurity registration in respect of a registrable
      dealing, and
(b) the grant or refusal of renewal applications, and
(c) some circumstances in which the Secretary may refuse to renew biosecurity registration.




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Division 4 (Conditions of biosecurity registration) provides that:
(a) biosecurity registration is subject to any conditions prescribed by the regulations and any
      other conditions imposed by the Secretary at the time of the grant or renewal of biosecurity
      registration or at any other time by variation, and
(b) those conditions may include conditions that require the relevant registered entity to do any
      of the following:
      (i)    comply with specified standards,
      (ii) carry out specified works, or put in place specified measures, to prevent, eliminate,
             minimise or manage the biosecurity risk of a registrable dealing,
      (iii) have in place an alternative arrangement relating to the registrable dealing that takes
             effect when the entity ceases to be authorised to engage in, or becomes unable to
             continue to engage in, the registrable dealing,
      (iv) take out insurance cover indemnifying it against liability in connection with the
             registrable dealing,
      (v) to co-operate with, or arrange for, mandatory biosecurity audits,
      (vi) to provide a financial assurance to secure or guarantee funding for or towards doing
             things required as a result of any contravention of a condition of biosecurity
             registration, placing any biosecurity matter in the care of the Secretary, ceasing to be
             registered or becoming unable to engage in the registrable dealing, and
(c) conditions can provide that the authorisation conferred by biosecurity registration does not
      take effect until the end of a specified period or until the happening of a specified state of
      affairs.
Division 5 (Suspension or cancellation of biosecurity registration) contains provisions for the
suspension or cancellation of biosecurity registration that:
(a) set out the grounds for suspension or cancellation of biosecurity registration, and
(b) set out the procedure for suspension, which includes the registered entity being given an
      opportunity to make submissions about suspension, and
(c) set out the procedure for cancellation, which includes the registered entity being given an
      opportunity to make submissions about cancellation, and
(d) specify the effect of suspension or cancellation on conditions.
Division 6 (Miscellaneous) provides:
(a) that a registered entity that contravenes a condition of biosecurity registration is guilty of
      an offence (which may be a continuing offence), and
(b) that biosecurity registration is not transferable, and
(c) for the surrender of biosecurity registration, and
(d) for the making of appeals to the Land and Environment Court against certain decisions
      about biosecurity registration.

Part 13 Biosecurity certificates
Division 1 (Biosecurity certificates) provides that:
(a) a biosecurity certifier may issue a biosecurity certificate, and
(b) a biosecurity certificate is a certificate that certifies any of the following matters:
      (i)   that biosecurity matter or any other thing or area is free from, or contains a specified
            level of, any stated biosecurity matter (such as a specified pest, disease or
            contaminant),
      (ii) that biosecurity matter or any other thing or area is in a specified condition,
      (iii) that biosecurity matter or any other thing or area has been the subject of a specified
            treatment,


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      (iv) that biosecurity matter or any other thing or area meets specified requirements,
      (v) any matter of a kind prescribed by the regulations.
Division 2 (Interstate biosecurity certificates) provides:
(a) for the recognition of interstate biosecurity certificates, and
(b) that an interstate biosecurity certificate is a certificate or other document issued under a
      corresponding law in which a person certifies any matter in relation to which a biosecurity
      certificate could be issued under the proposed Act.
Division 3 (Offences) creates offences of:
(a) providing false or misleading information, or failing to furnish any material information, to
      a biosecurity certifier in connection with obtaining a biosecurity certificate, and
(b) issuing a biosecurity certificate that is false or misleading in a material particular, and
(c) altering or amending a biosecurity certificate in a way that makes it false or misleading, and
(d) falsely representing that a biosecurity certificate has been issued, and
(e) an unauthorised person issuing or altering a biosecurity certificate.

Part 14 Accreditation of biosecurity certifiers
Division 1 (Biosecurity certifiers) provides for an accreditation authority to grant accreditation
as a biosecurity certifier to any person and:
(a) requires an accreditation authority to adopt an accreditation policy that makes provision for
       the qualifications, skills, knowledge and experience required for the grant of accreditation
       as a biosecurity certifier by the accreditation authority and any other matters prescribed by
       the regulations, and
(b) specifies the effect of accreditation, which is that a biosecurity certifier is authorised by his
       or her accreditation to issue biosecurity certificates, and
(c) provides that such authorisation is subject to any specified conditions or limitations, and
(d) provides that the authority that grants accreditation is the responsible accreditation
       authority in relation to that accreditation, and
(e) provides for the Secretary to approve an authorised officer to exercise any specified
       functions of a biosecurity certifier.
Division 2 (Accreditation procedure) sets out the procedure for accreditation as a biosecurity
certifier including the following:
(a) the making of applications for accreditation,
(b) the grant or refusal of applications,
(c) circumstances in which an application may be refused,
(d) the duration of accreditation (which cannot exceed 5 years),
(e) the variation of accreditation.
Division 3 (Renewal of accreditation) provides for the renewal of accreditation including:
(a) the making of applications for renewal, and
(b) the grant or refusal of renewal applications, and
(c) circumstances in which an application for renewal may be refused.
Division 4 (Conditions of accreditation) specifies that:
(a) accreditation as a biosecurity certifier is subject to any conditions prescribed by the
       regulations and any further conditions imposed by the responsible accreditation authority
       at the time of grant or renewal of accreditation or at any other time by variation, and




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(b)   those conditions may include conditions:
      (i)    that require the relevant biosecurity certifier to exercise the functions of a certifier in
             accordance with specified standards, and
      (ii) require the biosecurity certifier to take out insurance cover indemnifying it against
             liability in connection with the exercise of functions under the proposed Act.
Division 5 (Suspension or cancellation of accreditation) provides for the suspension or
cancellation of accreditation as a biosecurity certifier including by setting out the following:
(a) the grounds for suspension or cancellation of accreditation,
(b) the procedure for suspension, which includes the biosecurity certifier being given an
      opportunity to make submissions about suspension,
(c) the procedure for cancellation, which includes the biosecurity certifier being given an
      opportunity to make submissions about cancellation,
(d) the effect of suspension or cancellation on conditions.
Division 6 (Miscellaneous) contains provisions that:
(a) make it an offence for a biosecurity certifier or former biosecurity certifier to contravene a
      condition of accreditation imposed by or under the proposed Act (which can be a continuing
      offence), and
(b) make it an offence to impersonate a biosecurity certifier, and
(c) provide for the appeal against certain decisions about accreditation to the Land and
      Environment Court.

Part 15 Biosecurity audits
Division 1 (Biosecurity audits) provides:
(a) for the 2 types of biosecurity audits that may be carried out under the proposed Act (an
       accreditation audit and a compliance audit), and
(b) that biosecurity audits are to be carried out only by a biosecurity auditor, and
(c) that biosecurity audits are mandatory when required by the Secretary or an accreditation
       authority, and
(d) that an audit target is the person the subject of a biosecurity audit.
Division 2 (Accreditation audits) provides for accreditation audits (that is, audits carried out for
the purposes of assessing certain matters in relation to biosecurity registration, accreditation or
appointment as a biosecurity certifier or biosecurity auditor, permits and approvals to exercise
functions of an accreditation authority), including:
(a) who can require an accreditation audit, and
(b) the engagement of biosecurity auditors, and
(c) the functions of a biosecurity auditor in relation to an accreditation audit, and
(d) the recovery of fees for accreditation audits, and
(e) the use of accreditation audits, namely, that a person who requires an accreditation audit is
       to have regard to that audit in exercising the person's functions under the proposed Act in
       relation to the person the subject of the audit.
Division 3 (Compliance audits) provides for the carrying out of compliance audits (that is, audits
carried out for the purposes of assessing certain matters in relation to compliance with or
contravention of the proposed Act or improving compliance), including the following:
(a) who can require a compliance audit,
(b) the factors involved in the decision to require a compliance audit,
(c) the audit frequency policy of a person who can require a compliance audit,



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(d)   the engagement of auditors,
(e)   the functions of biosecurity auditors in relation to compliance audits,
(f)   the recovery of fees for compliance audits,
(g)   the use of compliance audits, namely, that a person who requires a compliance audit is to
      have regard to that audit in exercising the person's functions under the proposed Act in
      relation to the person the subject of the audit.
Division 4 (Functions of biosecurity auditor) sets out the functions of biosecurity auditors
including by making provision for the following:
(a) the general function of a biosecurity auditor to carry out biosecurity audits and other
      functions conferred by or under the proposed Act,
(b) entry to premises,
(c) the use of assistants when exercising functions of a biosecurity auditor,
(d) reporting requirements about each biosecurity audit,
(e) the requirement that certain matters that a biosecurity auditor becomes aware of during a
      biosecurity audit be reported immediately.
Division 5 (Offences relating to biosecurity audits) creates offences of:
(a) obstructing or hindering a biosecurity auditor in the exercise of the biosecurity auditor's
      functions under the proposed Act, and
(b) knowingly providing false or misleading information to a biosecurity auditor in connection
      with a biosecurity audit.

Part 16 Appointment of biosecurity auditors
Division 1 (Appointment of biosecurity auditors) provides that:
(a) an accreditation authority may appoint any person as a biosecurity auditor, and
(b) an accreditation authority that has the power to appoint biosecurity auditors is required to
      adopt an appointment policy, and
(c) the effect of appointment is that a biosecurity auditor is authorised to conduct biosecurity
      audits, and
(d) provides that the authority that appoints a biosecurity auditor is the responsible
      accreditation authority in relation to that appointment, and
(e) authorised officers can be approved by the Secretary to exercise functions of biosecurity
      auditors.
Division 2 (Appointment procedure) provides for the procedure for the appointment of
biosecurity auditors including:
(a) the making of applications for appointment, and
(b) the grant or refusal of applications for appointment, and
(c) circumstances in which an application may be refused, and
(d) the duration of appointment, and
(e) the variation of appointment.
Division 3 (Renewal of appointment) provides for the renewal of appointment as a biosecurity
auditor, including:
(a) the making of applications for renewal, and
(b) the grant or refusal of renewal applications, and
(c) circumstances in which an application for renewal may be refused.




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Division 4 (Conditions of appointment as biosecurity auditor) provides that appointment as a
biosecurity auditor is subject to:
(a) any conditions prescribed by the regulations, and
(b) any conditions imposed by the responsible accreditation authority at the time of the
      appointment or renewal of appointment or at any other time by variation.
Division 5 (Suspension or cancellation of appointment) provides for the suspension or
cancellation of appointment as a biosecurity auditor, including by setting out:
(a) the grounds for suspension or cancellation of the appointment, and
(b) the procedure for suspension, which includes the biosecurity auditor being given an
      opportunity to make submissions about suspension, and
(c) the procedure for cancellation, which includes the biosecurity auditor being given an
      opportunity to make submissions about cancellation, and
(d) the effect of suspension or cancellation on conditions.
Division 6 (Miscellaneous) contains provisions that:
(a) make it an offence for a biosecurity auditor to contravene a condition of appointment
      imposed by or under the proposed Act, and
(b) make it an offence to impersonate a biosecurity auditor, and
(c) provide for appeals to the Land and Environment Court against certain decisions about
      appointment as a biosecurity auditor.

Part 17 Accreditation authorities
Division 1 (Accreditation authorities) makes the following provisions in relation to
accreditation authorities:
(a) that a reference to an accreditation authority is a reference to the Secretary or any other
      person approved by the Secretary to exercise the functions of an accreditation authority,
(b) that the Secretary can approve any person to exercise the functions of an accreditation
      authority,
(c) the effect of approval.
Division 2 (Approval procedure) sets out the procedure for the approval of accreditation
authorities, including:
(a) the making of applications for approval, and
(b) the grant or refusal of applications for approval, and
(c) circumstances in which an application may be refused, and
(d) the duration of approval (which is not to exceed 5 years), and
(e) the variation of approval.
Division 3 (Renewal of approval) provides for the renewal of approvals, including:
(a) applications for renewal of approvals, and
(b) the grant or refusal of renewal applications, and
(c) circumstances in which an application for renewal may be refused.
Division 4 (Conditions of approval) provides that approval as an accreditation authority is
subject to:
(a) any conditions prescribed the regulations, and
(b) any other conditions imposed by the Secretary at the time of the grant or renewal of
      approval or at any other time by variation to the approval.




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Division 5 (Suspension or cancellation of approval) provides for the suspension or cancellation
of approval, including by setting out:
(a) the grounds for suspension or cancellation of an approval, and
(b) the procedure for suspension, which includes the accreditation authority being given an
      opportunity to make submissions about suspension, and
(c) the procedure for cancellation, which includes the accreditation authority being given an
      opportunity to make submissions about cancellation, and
(d) the effect of suspension or cancellation on conditions.
Division 6 (Miscellaneous) includes provisions that:
(a) make it an offence for an accreditation authority or former accreditation authority to
      contravene a condition of approval imposed by or under the proposed Act, and
(b) provide for appeals to the Land and Environment Court against certain decisions about
      approvals, and
(c) provide for the disclosure of information to the Secretary by accreditation authorities.

Part 18 Offences and criminal proceedings
Division 1 (Criminal proceedings generally) provides that:
(a) the maximum penalty for a category 1 offence under the proposed Act is $1,100,000 or
      imprisonment for 3 years or both (in the case of an individual) or $2,200,000 (in the case of
      a corporation) and provides for continuing offences, and
(b) the maximum penalty for a category 2 offence under the proposed Act is $220,000 (in the
      case of an individual) or $440,000 (in the case of a corporation) and 5 times that amount if
      the offence is committed negligently, and provides for continuing offences, and
(c) the concept of negligence in the proposed Act involves such a great falling short of the
      standard of care that a reasonable person would exercise in the circumstances that the
      conduct merits criminal punishment, and
(d) special requirements apply to the prosecution of an act or omission that can constitute both
      a category 1 offence and a category 2 offence, and
(e) proceedings for offences are to be disposed of summarily by the Local Court or the
      Supreme Court in its summary jurisdiction, and
(f)   the time limit for proceedings is generally 3 years (for category 1 offences) and 2 years (for
      category 2 offences), and
(g) certain specified matters are to be considered in imposing a penalty, as follows:
      (i)    the extent to which a biosecurity impact was caused or likely to be caused, or a
             biosecurity risk increased, by the commission of the offence,
      (ii) the extent to which the person could reasonably have foreseen the biosecurity impact
             or biosecurity risk caused or likely to be caused by the commission of the offence,
      (iii) the reasonably practicable measures that may have been taken to prevent, eliminate
             or minimise that biosecurity impact or biosecurity risk,
      (iv) the extent to which the person had control over the causes that gave rise to the
             offence,
      (v) the person's intentions in committing the offence,
      (vi) whether, in committing the offence, the person was complying with orders from an
             employer or supervising employee.
Division 2 (Defences and related matters) provides for the following defences and other
matters:
(a) a defence of due diligence in relation to category 1 offences that applies if the accused
      person establishes that the commission of the offence was due to causes over which the


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      person had no control and that the person took reasonable precautions and exercised due
      diligence to prevent the commission of the offence,
(b) a defence that the conduct of the person was required or authorised by or under the proposed
      Act or a law of the Commonwealth,
(c) a defence for things done by or under the direction of authorised officers,
(d) a defence for common carriers,
(e) proof of exemptions.
Division 3 (Court orders in connection with offences) specifies the court orders that can be
made in connection with offences under the proposed Act, and appeals against orders, which
include the following:
(a) orders for restoration and prevention, requiring the offender to take specified steps:
      (i)    to prevent, control, mitigate or manage any biosecurity impact caused by the
             commission of the offence, or
      (ii) to make good any resulting biosecurity impact, or
      (iii) to prevent the continuance or recurrence of the offence,
(b) orders for costs, expenses and compensation, whether at the time the offence is proved or
      later, where:
      (i)    a government agency has incurred costs and expenses in connection with the
             prevention, control, mitigation or management of any biosecurity impact caused by
             the commission of the offence, or making good any resulting biosecurity impact, or
      (ii) a person (including a government agency) has, by reason of the commission of the
             offence, suffered loss of or damage to property or has incurred costs and expenses in
             preventing, controlling, mitigating or managing any such loss or damage, or
             attempting to do so,
(c) orders regarding the recovery of the costs and expenses of investigations,
(d) orders regarding monetary benefits, where the court may order the offender to pay, as part
      of the penalty for committing the offence, an additional penalty of an amount the court is
      satisfied, on the balance of probabilities, represents the amount of any monetary benefits
      acquired by the offender, or accrued or accruing to the offender, as a result of the
      commission of the offence,
(e) prohibition orders, allowing the court to:
      (i)    order the offender not to deal with any specified biosecurity matter or not to engage
             in any specified dealing with specified biosecurity matter, or
      (ii) cancel, suspend or vary any biosecurity registration, permit, accreditation as a
             biosecurity certifier, appointment as a biosecurity auditor or approval as an
             accreditation authority held by the offender under the proposed Act, or
      (iii) extend any biosecurity undertaking given by the offender, or
      (iv) order the offender not to apply for biosecurity registration, a permit, accreditation as
             a biosecurity certifier, appointment as a biosecurity auditor or approval as an
             accreditation authority,
(f)   forfeiture, including forfeiture of boats and motor vehicles by order of a court,
(g) additional orders, by which a court may:
      (i)    order the offender to take specified action to publicise the offence (including the
             circumstances of the offence) and its biosecurity impact and other consequences and
             any other orders made against the person, or
      (ii) order the offender to carry out, or contribute a specified amount to the cost of
             carrying out, a specified project that will promote the objects of the proposed Act, or
      (iii) order the offender to attend, or to cause an employee or employees or a contractor or
             contractors of the offender to attend, a training or other course specified by the court,


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(h) appeals against orders.
Division 4 (Penalty notices) provides for:
(a) the issue of penalty notices for offences under the proposed Act or the regulations, and
(b) a restriction on the power to issue penalty notices to government officers and certain
      eligible officers.
Division 5 (Ancillary offences) provides for ancillary offences including:
(a) liability of directors for offences by the corporation whether special executive liability
      offences or executive liability offences, and
(b) liability for complicity, and
(c) offences relating to furnishing false or misleading information.

Part 19 Compensation
Part 19 provides for the following aspects of compensation:
(a) that compensation is payable to owners of any animals, plants or property destroyed in
      accordance with an emergency order or certain animals or plants that have died as a result
      of emergency biosecurity matter,
(b) the determination of the amount of compensation,
(c) that in assessing the market value of an animal, plant or other property no account is to be
      taken of any emergency biosecurity matter involved,
(d) that no compensation is payable for any loss of profit, loss occasioned by breach of contract,
      loss of production or any other consequential loss,
(e) the making of claims for compensation,
(f)   that disputed claims for compensation may be recovered by action against the Crown in any
      court of competent jurisdiction,
(g) certain grounds for the refusal or reduction of claims, including that the claimant has
      committed an offence that caused or contributed to the spread of the emergency biosecurity
      matter, or the destruction or death of the relevant animal or plant or property concerned,
(h) the manner in which disputed claims or false claims will be dealt with,
(i)   the power of the Secretary to correct decisions on compensation claims,
(j)   the power of the Secretary to require repayment from claimants if the Secretary corrects a
      decision.

Part 20 Recovery of administrative costs and other amounts
Division 1 (Preliminary) provides that:
(a) certain administrative costs are recoverable amounts under cost recovery orders, and
(b) the power to make a cost recovery order can be delegated by the Secretary, but only to an
      officer of a government agency.
Division 2 (Cost recovery orders) provides for:
(a) the Secretary to serve a cost recovery order requiring a person to pay the recoverable
      amount, and
(b) the contents of such cost recovery orders, and
(c) the charging of interest on unpaid amounts payable under cost recovery orders, and
(d) the changing of payment arrangements for a recoverable amount.
Division 3 (Recovery of amounts payable under cost recovery orders) provides for:
(a) the recovery of amounts payable under cost recovery orders as a debt, and


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(b) the registration of cost recovery orders as a charge on land.
Division 4 (General) provides for:
(a) appeals to the Land and Environment Court against certain decisions relating to the issue of
      a cost recovery order, and
(b) the waiver or remission of recoverable amounts, and
(c) the presumed date of service of cost recovery orders.

Part 21 Permits
Division 1 (Preliminary) contains provisions that:
(a) provide that the relevant decision-maker in relation to a permit is the person who has the
      power to grant the permit, and
(b) specify when a relevant decision-maker may exercise powers under the proposed Part in the
      case of an emergency.
Division 2 (Permits) provides for the following:
(a) the grant of permits that authorise conduct that, but for the permit, would or might
      contravene a requirement imposed by or under the proposed Act,
(b) that a permit under the proposed Part may authorise conduct that would otherwise
      contravene the Stock Medicines Act 1989,
(c) that permits may be individual permits or group permits,
(d) that permits may be granted by the Secretary or by an authorised officer,
(e) that emergency permits and prohibited matter permits can only be granted by the Secretary,
(f)   that an emergency permit is a permit that authorises conduct that, but for the permit, would
      or might contravene an emergency order, or a biosecurity direction given in the case of an
      emergency, and that is expressed to apply during the emergency concerned,
(g) that a prohibited matter permit is a permit that authorises dealing with biosecurity matter
      that is prohibited matter throughout the State or in a part of the State,
(h) that the effect of a permit is that a person is not guilty of an offence against the proposed
      Act or the regulations if the person was authorised by a permit to engage in the conduct
      alleged to constitute the offence concerned,
(i)   that only an emergency permit expressed to apply in relation to a particular emergency
      authorises conduct in contravention of an emergency order or biosecurity direction relating
      to that emergency,
(j)   that a person who contravenes a condition of an individual permit, or who engages in any
      dealing or other conduct under the purported authority of a group permit and who
      contravenes a condition of the permit, is guilty of an offence (which may be a continuing
      offence).
Division 3 (Application for permit) provides for applications for permits, including:
(a) the making of applications, and
(b) the grant or refusal of applications, and
(c) circumstances in which a relevant decision-maker may refuse a permit, and
(d) the duration of permits, and
(e) the variation of permits.
Division 4 (Renewal of permit) provides for the renewal of permits, including:
(a) the making of applications for renewal, and
(b) the grant or refusal of applications for renewal, and
(c) circumstances in which a relevant decision-maker may refuse a renewal.


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Division 5 (Conditions of permit) provides that:
(a) a permit is subject to the conditions prescribed by the regulations or imposed by the relevant
      decision-maker either at the time of the grant or renewal of the permit or at any other time
      by variation, and
(b) conditions of a permit may require the permit holder to do the following:
      (i)   take out and maintain a policy of insurance against liability for conduct engaged in
            under the permit,
      (ii) co-operate with, or arrange for, mandatory biosecurity audits,
      (iii) provide a financial assurance to secure or guarantee funding for or towards doing
            things required as a result of any contravention of a permit, placing any biosecurity
            matter in the care of the Secretary, ceasing to be authorised or becoming unable to
            engage in the conduct authorised by the permit, and
(c) conditions can provide that a permit takes effect after a specified period or in specified
      circumstances.
Division 6 (Suspension or cancellation of permit) makes the following provisions about the
suspension or cancellation of permits:
(a) the general grounds for the suspension or cancellation of the permit,
(b) additional grounds for suspension or cancellation of a permit in the case of an emergency,
(c) the procedure for suspension, which includes the permit holder being given an opportunity
      to make submissions about suspension,
(d) the procedure for cancellation, which includes the permit holder being given an opportunity
      to make submissions about cancellation,
(e) the effect of suspension or cancellation on conditions.
Division 7 (Miscellaneous) provides for:
(a) the surrender of permits, and
(b) appeals against decisions about permits to the Land and Environment Court.

Part 22 Administration
Division 1 (Authorised officers) provides for the following:
(a) the appointment of authorised officers,
(b) the imposition of conditions or limitations on instruments of appointment as an authorised
      officer,
(c) that police officers are taken to be authorised officers,
(d) the identification of authorised officers,
(e) the use of assistants and dogs by authorised officers,
(f)   offences of obstructing authorised officers, assaulting authorised officers and
      impersonating authorised officers.
Division 2 (Local control authorities--weeds) contains provisions:
(a) providing that the council of a local government area is the local control authority for land
      in the area (unless weed control functions have been conferred on a county council), the
      Western Lands Commissioner is the local control authority for other land in the Western
      Division and the Lord Howe Island Board is the local control authority for Lord Howe
      Island, and
(b) specifying that local control authorities have the following functions:
      (i)    the prevention, elimination, minimisation and management of the biosecurity risk
             posed or likely to be posed by weeds,
      (ii) to develop, implement, co-ordinate and review weed control programs,


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      (iii) to inspect land in connection with its weed control functions,
      (iv)  to keep records about the exercise of the local control authority's functions under the
            proposed Act,
      (v) to report to the Secretary about the exercise of the local control authority's functions
            under the proposed Act, and
(c) providing for local control authorities to appoint authorised officers to control weeds, and
(d) empowering local control authorities to recover fees, and
(e) providing for arrangements to be made for the joint exercise of functions of local control
      authorities, and
(f)   providing for the delegations of the functions of local control authorities to their officers or
      employees.
Division 3 (Other officers) provides for:
(a) the appointment of a Chief Plant Protection Officer and a Chief Veterinary Officer, and
(b) the appointment of authorised analysts.
Division 4 (General) provides for the following miscellaneous matters:
(a) the delegation by the Secretary of certain functions conferred on the Secretary by the
      proposed Act,
(b) the extraterritorial exercise of functions,
(c) access to Roads and Maritime Services' information by authorised officers,
(d) the waiver and refund of fees and other amounts payable.

Part 23 Miscellaneous
Part 23 deals with the following miscellaneous matters:
(a) protection from liability for matters or things done or omitted to be done for the purposes
      of executing the proposed Act, including for breach of a duty of confidentiality,
(b) permitting the Secretary to bring proceedings in the Land and Environment Court to restrain
      a contravention or threatened or apprehended contravention of the proposed Act,
(c) permitting actions authorised under the proposed Act to be taken despite other legislation
      about environmental planning and assessment, native vegetation, threatened species
      conservation and national parks and wildlife,
(d) providing for the collection, use and disclosure of information in the administration of the
      proposed Act,
(e) providing for the authorisation of hunting,
(f)   making it clear that cruelty to animals is not authorised by the proposed Act,
(g) providing for a limited exemption from the Surveillance Devices Act 2007 for devices
      installed or used to monitor biosecurity matter or other things under the proposed Act,
(h) the continuing effect of certain requirements that specify a time for compliance,
(i)   the service of notices and documents,
(j)   the issue of evidentiary certificates to facilitate proof of matters,
(k) the evidence of analysts,
(l)   evidence as to state of mind of a corporation,
(m) use of sample evidence,
(n) evidence of the publication of instruments on the Department's website,
(o) the description of land in notices and instruments,



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(p)   the factors that underpin the formation of certain reasonable suspicions under the proposed
      Act in relation to carriers, infection and infestation,
(q)   the power of the Secretary to create exemptions from the operation of the proposed Act for
      occupiers, biosecurity matter, carriers, land or things,
(r)   establishing that the Personal Property Securities Act 2009 of the Commonwealth does not
      apply to certain matters under the proposed Act,
(s)   the making of regulations,
(t)   the repeal of other legislation (specified in proposed Schedule 6),
(u)   the review of the proposed Act.

Schedule 1              Special provisions relating to weeds
Schedule 1 sets out further provisions relating to the general biosecurity duty imposed by
proposed Part 3. Those special provisions relate to weeds and include the following duties:
(a) in relation to weeds generally--that a biosecurity duty imposed on an occupier of land
      under proposed Part 3 to prevent, eliminate or minimise any biosecurity risk posed or likely
      to be posed by weeds on that land extends to weeds on any part of a road that intersects the
      land, half of the width of a road that forms part of the land and part of certain other roads,
(b) in relation to aquatic weeds:
      (i)    that a biosecurity duty imposed on an occupier of land situated on opposite sides of
             a watercourse, river or inland water (tidal or non-tidal) under proposed Part 3 to
             prevent, eliminate or minimise any biosecurity risk posed or likely to be posed by
             weeds on that land extends to weeds located on the land between those sides, and
      (ii) if a watercourse, river or inland water (tidal or non-tidal) is situated between land
             occupied by different occupiers, a biosecurity duty imposed on each occupier under
             proposed Part 3 to prevent, eliminate or minimise any biosecurity risk posed or likely
             to be posed by weeds extends to weeds located on the land between the boundary of
             the land and any fence erected to define the boundary of the land or, if there is no
             such fence, to the middle line of the watercourse, river or inland water,
(c) in relation to weeds in irrigation areas:
      (i)    a biosecurity duty imposed on an occupier of land under proposed Part 3 to prevent,
             eliminate or minimise any biosecurity risk posed or likely to be posed by weeds on
             that land extends, if the land is within an irrigation area, to weeds on any part of a
             public road, a public reserve or public channel land that intersects the occupier's
             land, or forms part of its boundary and is within 20 metres from the boundary of the
             land, and any part of a watercourse, river or inland water (tidal or non-tidal) situated
             on the land, and
      (ii) if a public road, a public reserve or public channel land less than 40 metres wide is
             situated between land within an irrigation area occupied by different occupiers, a
             biosecurity duty imposed on each occupier under proposed Part 3 to prevent,
             eliminate or minimise any biosecurity risk posed or likely to be posed by weeds
             extends to weeds located on that part of the road, reserve or channel land that is
             located between the boundary of the occupier's land and the middle line of the road,
             reserve or channel land.

Schedule 2              Prohibited matter
Schedule 2 specifies matter that is prohibited matter (that is, matter that it is an offence to deal
with under proposed Part 4). Some matter is specified as prohibited matter throughout the State
and some is only prohibited matter in a specified part of the State. Proposed section 27 enables the
regulations to amend the proposed Schedule by inserting, altering or omitting any items or
descriptions.


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Schedule 3              Prohibited dealings
Schedule 3 specifies certain prohibited dealings (that is, dealings that it is an offence to engage in
under proposed Division 1 of Part 11). Proposed section 148 enables the regulations to amend the
proposed Schedule by inserting, altering or omitting the description of any matter.

Schedule 4              Registrable dealings
Schedule 4 specifies certain registrable dealings (that is, dealings for which registration is
required under proposed Division 2 of Part 11). Proposed section 150 enables the regulations to
amend the proposed Schedule by inserting, altering or omitting the description of any matter.

Schedule 5              Regulation-making powers
Schedule 5 lists some specific regulation-making powers, including the power to make
regulations for or with respect to the following:
(a) the prevention, elimination, management and minimisation of biosecurity risks,
(b) exemptions from the proposed Act,
(c) fees,
(d) provisions that are supplemental to emergency orders and control orders,
(e) the functions of authorised officers,
(f)   the functions of local control authorities,
(g) the identification and tracing of biosecurity matter,
(h) the classification of non-indigenous animals,
(i)   the testing, analysis, vaccination and inoculation of biosecurity matter,
(j)   the regulation of stock foods,
(k) the regulation of fertilisers, liming materials and trace element products.

Schedule 6              Repeals
Schedule 6 provides for the repeal of the following Acts:
(a) Animal Diseases and Animal Pests (Emergency Outbreaks) Act 1991,
(b) Apiaries Act 1985,
(c) Deer Act 2006,
(d) Fertilisers Act 1985,
(e) Non-Indigenous Animals Act 1987,
(f)  Noxious Weeds Act 1993,
(g) Plant Diseases Act 1924,
(h) Stock (Chemical Residues) Act 1975,
(i)  Stock Diseases Act 1923,
(j)  Stock Foods Act 1940.

Schedule 7              Savings, transitional and other provisions
Schedule 7 makes savings and transitional provisions that provide for the following:
(a) the making of savings and transitional regulations consequent on the enactment of the
     proposed Act,



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(b)   the continuation of instruments, regulations and powers under the Acts proposed to be
      repealed,
(c)   the continuation of obligations and permits under the repealed Acts,
(d)   the manner in which property seized, taken or removed under a repealed Act is to be dealt
      with,
(e)   that inspectors and authorised officers under the repealed Acts are taken to have been
      appointed as authorised officers under the proposed Act,
(f)   the functions of authorised officers under the proposed Act in relation to repealed Acts or
      instruments that continue to have effect,
(g)   specific provisions relating to the Acts proposed to be repealed.

Schedule 8              Amendment of other legislation
Schedule 8 amends other legislation as a consequence of the enactment of the proposed Act and
the repeal of other Acts by Schedule 6. In particular:
(a) Schedule 8.17 amends the Fisheries Management Act 1994 to, among other things:
       (i)    repeal provisions about diseased fish and marine vegetation, and noxious fish and
              noxious marine vegetation, which are to be dealt with under the proposed Act, and
       (ii) provide for the continuation of instruments and powers or continuation of
              regulations, obligations and permits under the repealed provisions about diseased
              fish and marine vegetation, noxious fish and noxious marine vegetation, and other
              savings related to the repeal of those provisions, and
(b) Schedule 8.26 amends the Local Land Services Act 2013 to, among other things:
       (i)    repeal a Part about pests, which is dealt with by the proposed Act, and
       (ii) provide for the continuation of instruments and powers or continuation of regulations
              and obligations under the repealed provisions about pests, and other savings related
              to the repeal of those provisions, and
(c) Schedule 8.44 amends the Wild Dog Destruction Act 1921 as follows:
       (i)    to change the name of the Act to Border Fence Maintenance Act 1921 (to reflect the
              proposed omission of provisions about the destruction of wild dogs),
       (ii) to change the name of the Board and Fund accordingly,
       (iii) to omit provisions that require the owner or occupier of any land to destroy all wild
              dogs on the land at the owner's or occupier's own costs, provide powers of entry onto
              land for that purpose, require payments to the Fund and payments for scalps and deal
              with the possession of dingoes, as the control of wild dogs will be dealt with by the
              proposed Act,
       (iv) to provide for the continuation of instruments and powers, regulations, obligations
              and permits under those repealed provisions, and other savings related to the repeal
              of those provisions.




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                                         New South Wales




Biosecurity Bill 2015
Contents
                                                                                         Page

Part 1         Preliminary
                    1   Name of Act                                                         2
                    2   Commencement                                                        2
                    3   Objects of Act                                                      2
                    4   Act to bind Crown                                                   2
                    5   Extraterritorial application                                        2
                    6   Act does not give rise to or affect civil cause of action           3

Part 2         Interpretation, key concepts and principles
               Division 1         Interpretation
                    7   General definitions                                                 4
                    8   Identification of biosecurity matter                                8
                    9   Notes                                                               8

               Division 2         Key concepts
                   10   Biosecurity matter                                                  8
                   11   Carriers                                                            9
                   12   Dealings                                                            9
                   13   Biosecurity impact                                                  9
                   14   Biosecurity risk                                                   10



b2014-148-40.d15
Biosecurity Bill 2015 [NSW]
Contents

                                                                                               Page


              15    Pests                                                                       10
              16    Reasonably practicable                                                      10

             Division 3       Principles that apply to biosecurity duties
              17    Principles that apply to duties                                             11
              18    Duties not transferable                                                     11
              19    Person can have more than one duty                                          11
              20    More than one person can have a duty                                        11
              21    Duty to prevent, eliminate or minimise biosecurity risk                     11

Part 3       General biosecurity duty
              22    Biosecurity duty--dealings with biosecurity matter and carriers              12
              23    Offence of failing to discharge biosecurity duty                            12
              24    Mandatory measures                                                          12
              25    Offence of failure to comply with mandatory measures                        13
              26    Special provisions relating to weeds                                        13

Part 4       Prohibited matter and related biosecurity duties
             Division 1       Preliminary
              27    What is prohibited matter                                                   14

             Division 2       Offence of dealing with prohibited matter
              28    Dealings with prohibited matter                                             14
              29    Defence for unknowing possession                                            14

             Division 3       Duty to notify presence of prohibited matter
              30    Biosecurity duty                                                            15
              31    Prohibited matter event--meaning                                             15
              32    Offence of failing to discharge biosecurity duty to notify presence
                    of prohibited matter                                                        15
              33    Defence for failure to notify prohibited matter event that is well-known    15
              34    Protection against self-incrimination                                       16
              35    Regulations relating to notifications                                       16

             Division 4       Duty to prevent, eliminate or minimise risk posed by
                              prohibited matter
              36    Biosecurity duty                                                            16
              37    Offence of failing to discharge biosecurity duty                            16

             Division 5       Duty to notify biosecurity events
              38    Biosecurity duty                                                            17
              39    Biosecurity event--meaning                                                   17
              40    Offence of failing to discharge biosecurity duty to notify event            17
              41    Defence for failure to notify event that is well-known                      17
              42    Protection against self-incrimination                                       18
              43    Regulations relating to notifications                                       18




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                                                                                         Page


Part 5       Emergency orders
             Division 1       Emergency orders
              44    Emergency order                                                       19
              45    Content of emergency order                                            19
              46    Notice of emergency order                                             19
              47    Notice of property specific order                                     19
              48    Duration of emergency order                                           19

             Division 2       Matters for which emergency order may provide
              49    Emergency zone                                                        20
              50    Emergency measures                                                    20
              51    Examples of emergency measures                                        20
              52    Special powers                                                        21

             Division 3       Limitations that apply to emergency order
              53    Treatment of persons                                                  22
              54    Inspection of persons                                                 22
              55    Destruction requirements                                              22
              56    Persons directly affected by destruction requirement to be advised
                    of requirement                                                        22

             Division 4       Effect of order
              57    Order prevails over other instruments                                 22
              58    Offence of contravening emergency order                               23
              59    Secretary may authorise required actions and recover costs            23

             Division 5       General
              60    Amendment or revocation of emergency order                            24
              61    Protection of emergency actions                                       24

Part 6       Control orders
             Division 1       Control orders
              62    Control order                                                         25
              63    Content of control order                                              25
              64    Notice of control order                                               25
              65    Notice of property specific order                                     25
              66    Duration of control order                                             25

             Division 2       Matters for which control order may provide
              67    Control zone                                                          26
              68    Control measures                                                      26
              69    Examples of control measures                                          26

             Division 3       Limitations that apply to control order
              70    Detention or treatment of persons                                     27
              71    Destruction requirements                                              27
              72    Interaction of powers with restrictions imposed by other Acts         28




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                                                                                        Page


             Division 4       Effect of control order
              73    Offence of contravening control order                                28
              74    Secretary may authorise required actions and recover costs           29

             Division 5       General
              75    Amendment or revocation of control order                             29

Part 7       Biosecurity zones
             Division 1       Biosecurity zones
              76    Biosecurity zones                                                    30
              77    Matters to be specified                                              30

             Division 2       Matters for which regulations may provide
              78    Biosecurity zone                                                     30
              79    Regulatory measures                                                  30
              80    Examples of regulatory measures                                      30

             Division 3       Limitations on regulation-making power
              81    Detention or treatment of persons                                    31
              82    Destruction requirements                                             31
              83    Consultation requirements                                            32

             Division 4       Effect of biosecurity zone
              84    Offence of contravening biosecurity zone regulation                  32
              85    Secretary may authorise required actions and recover costs           33

Part 8       Powers of authorised officers
             Division 1       Preliminary
              86    Purposes for which functions under Part may be exercised             34
              87    Exercise of functions under other legislation                        34
              88    References to functions exercisable "in the case of an emergency"    35

             Division 2       Information gathering powers
              89    Exercise in conjunction with other powers                            35
              90    Powers of authorised officers to require information and records     35
              91    Power of authorised officers to require answers                      35
              92    Recording of evidence                                                36
              93    Power of authorised officers to demand name and address              36
              94    Requiring information in the case of an emergency                    36

             Division 3       Entry to premises
              95    Powers of authorised officers to enter premises                      37
              96    Entry into residential premises only with permission or warrant      37
              97    Search warrants                                                      37
              98    Power to require occupier to provide assistance                      37

             Division 4       Investigation and risk management powers
              99    Powers that can be exercised on premises                             38


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                                                                                         Page


             100    Requiring assistance                                                  39
             101    Recovery of fee for action taken                                      39

             Division 5       Functions in relation to seized things
             102    Definitions                                                           40
             103    Receipt for seized things                                             40
             104    Return of seized things                                               40
             105    Certification of inability to return seized thing                     40
             106    Court order requiring delivery of seized thing                        41
             107    Forfeiture of seized thing                                            41
             108    Dealing with forfeited things                                         42

             Division 6       Limitations on powers
             109    Detention or treatment of persons                                     42
             110    Destruction requirements                                              42
             111    Persons directly affected by destruction to be advised of proposed
                    destruction                                                           43
             112    Interaction of powers with restrictions imposed by other Acts         43

             Division 7       General
             113    Offence of failing to comply with requirement made by authorised
                    officer                                                               44
             114    Defence to contravention                                              44
             115    Care to be taken                                                      44
             116    Compensation                                                          44
             117    Revocation or variation of notices                                    44

Part 9       Biosecurity directions
             Division 1       Preliminary
             118    Exercise in conjunction with other powers                             46
             119    References to functions exercisable "in the case of an emergency"     46

             Division 2       Biosecurity directions
             120    Power to issue biosecurity direction                                  46
             121    Types of biosecurity direction                                        46
             122    Revocation or variation of biosecurity direction                      46

             Division 3       General biosecurity directions
             123    General biosecurity direction                                         47
             124    How general biosecurity direction is given                            47

             Division 4       Individual biosecurity directions
             125    Individual biosecurity direction                                      47
             126    How individual biosecurity direction is given                         48
             127    Examples of individual biosecurity directions                         48
             128    Special emergency powers--inspection and treatment measures            49
             129    Fee for individual biosecurity direction                              49
             130    Taking of required actions and recovery of costs                      49




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                                                                                           Page


             Division 5       Limitations on powers
             131    Detention or treatment of persons                                       50
             132    Inspection of persons                                                   50
             133    Destruction requirements                                                51
             134    Interaction of powers with restrictions imposed by other Acts           51

             Division 6       General
             135    Offence not to comply with biosecurity direction                        51
             136    Defence of reasonable excuse                                            52
             137    Appeal to Land and Environment Court                                    52
             138    Prior notice of direction not required                                  52

Part 10      Biosecurity undertakings
             139    Authorised officer may accept undertakings                              53
             140    Contents of biosecurity undertaking                                     53
             141    When biosecurity undertaking takes effect                               53
             142    Contravention of biosecurity undertaking                                53
             143    Fee for biosecurity undertaking                                         53
             144    Authorised officer may take or authorise required actions and
                    recover costs                                                           54
             145    Order requiring compliance with biosecurity undertaking                 54
             146    Withdrawal or variation of biosecurity undertaking                      55
             147    Enforcement action not prevented by undertaking                         55

Part 11      Prohibited dealings and registrable dealings
             Division 1       Prohibited dealings
             148    Prohibited dealings                                                     56
             149    Offence of engaging in prohibited dealing                               56

             Division 2       Dealings for which biosecurity registration is
                              required
             150    Registrable dealings in biosecurity matter                              56
             151    Offence of engaging in registrable dealing without biosecurity
                    registration                                                            56
             152    Defence for employees and agents                                        56

Part 12      Biosecurity registration
             Division 1       Preliminary
             153    Registration of persons authorised to engage in registrable dealings    58
             154    Registered entity--meaning                                               58
             155    References to functions exercisable "in the case of an emergency"       58

             Division 2       Application for biosecurity registration
             156    Application for biosecurity registration                                58
             157    Grant or refusal of biosecurity registration                            58
             158    Duration of biosecurity registration                                    59
             159    Variation of biosecurity registration                                   59




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             Division 3       Renewal of biosecurity registration
             160    Application for renewal of biosecurity registration                      59
             161    Grant or refusal of renewal application                                  60

             Division 4       Conditions of biosecurity registration
             162    Conditions of biosecurity registration                                   60
             163    Compliance with standards                                                61
             164    Conditions requiring works or measures                                   61
             165    Alternative arrangements                                                 61
             166    Conditions for insurance cover                                           61
             167    Conditions for biosecurity audits                                        61
             168    Conditions requiring financial assurances                                61
             169    Conditions to take effect later                                          62

             Division 5       Suspension or cancellation of biosecurity
                              registration
             170    Grounds for suspension or cancellation of biosecurity registration       63
             171    Suspension of biosecurity registration                                   63
             172    Registered entity to be given opportunity to make submissions
                    about suspension                                                         63
             173    Cancellation of biosecurity registration                                 64
             174    Registered entity to be given opportunity to make submissions
                    about cancellation                                                       64
             175    Effect of suspension or cancellation on conditions                       65

             Division 6       Miscellaneous
             176    Offence of contravening condition of biosecurity registration            65
             177    Biosecurity registration not transferable                                65
             178    Surrender of biosecurity registration                                    65
             179    Appeal to Land and Environment Court                                     66

Part 13      Biosecurity certificates
             Division 1       Biosecurity certificates
             180    Biosecurity certifier may issue biosecurity certificates                 67
             181    Biosecurity certificate--meaning                                          67

             Division 2       Interstate biosecurity certificates
             182    Recognition of interstate biosecurity certificates                       67
             183    Interstate biosecurity certificate--meaning                               67

             Division 3       Offences
             184    Provision of false or misleading information to biosecurity certifier    67
             185    False biosecurity certificates                                           68
             186    False representations                                                    68
             187    Issue or alteration of biosecurity certificate by unauthorised person    68

Part 14      Accreditation of biosecurity certifiers
             Division 1       Biosecurity certifiers
             188    Grant of accreditation by accreditation authority                        69


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                                                                                          Page


             189    Accreditation policy                                                   69
             190    Effect of accreditation                                                69
             191    Responsible accreditation authority                                    70
             192    Approval of authorised officer to exercise functions of biosecurity
                    certifier                                                              70

             Division 2       Accreditation procedure
             193    Application for accreditation                                          70
             194    Grant or refusal of accreditation                                      71
             195    Duration of accreditation                                              72
             196    Variation of accreditation                                             72

             Division 3       Renewal of accreditation
             197    Application for renewal of accreditation                               72
             198    Grant or refusal of renewal application                                72

             Division 4       Conditions of accreditation
             199    Conditions of accreditation                                            73
             200    Compliance with standards                                              73
             201    Conditions for insurance cover                                         73

             Division 5       Suspension or cancellation of accreditation
             202    Grounds for suspension or cancellation of accreditation                74
             203    Suspension of accreditation                                            74
             204    Biosecurity certifier to be given opportunity to make submissions
                    about suspension                                                       74
             205    Cancellation of accreditation                                          75
             206    Biosecurity certifier to be given opportunity to make submissions
                    about cancellation                                                     75
             207    Effect of suspension or cancellation on conditions                     76

             Division 6       Miscellaneous
             208    Offence of contravening conditions of accreditation                    76
             209    Impersonation of biosecurity certifier                                 76
             210    Appeal to Land and Environment Court                                   77

Part 15      Biosecurity audits
             Division 1       Biosecurity audits
             211    Biosecurity audits                                                     78
             212    Audits to be carried out by biosecurity auditor only                   78
             213    Biosecurity audits are mandatory                                       78
             214    Audit target--meaning                                                   78

             Division 2       Accreditation audits
             215    Accreditation audit                                                    78
             216    Who can require accreditation audit                                    78
             217    Engagement of auditor                                                  79
             218    Functions of biosecurity auditor in relation to accreditation audit    79
             219    Recovery of fee for accreditation audit                                79
             220    Use of accreditation audit                                             80


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             Division 3       Compliance audits
             221    Compliance audit                                                       80
             222    Who can require compliance audit                                       80
             223    Decision to require compliance audit                                   80
             224    Audit frequency policy                                                 81
             225    Engagement of auditor                                                  81
             226    Functions of biosecurity auditor in relation to compliance audit       82
             227    Recovery of fee for compliance audit                                   82
             228    Use of compliance audit                                                82

             Division 4       Functions of biosecurity auditor
             229    General functions                                                      82
             230    Entry to premises                                                      82
             231    Use of assistants                                                      83
             232    Reporting requirements                                                 83
             233    Certain matters to be reported immediately                             83

             Division 5       Offences relating to biosecurity audits
             234    Obstruction of biosecurity auditor                                     84
             235    Provision of false or misleading information to biosecurity auditor    84

Part 16      Appointment of biosecurity auditors
             Division 1       Appointment of biosecurity auditors
             236    Appointment of auditors by accreditation authority                     85
             237    Appointment policy                                                     85
             238    Effect of appointment                                                  85
             239    Responsible accreditation authority                                    86
             240    Approval of authorised officer to exercise functions of biosecurity
                    auditor                                                                86

             Division 2       Appointment procedure
             241    Application for appointment                                            86
             242    Grant or refusal of appointment                                        87
             243    Duration of appointment                                                87
             244    Variation of appointment                                               87

             Division 3       Renewal of appointment
             245    Application for renewal of appointment                                 88
             246    Grant or refusal of renewal application                                88

             Division 4       Conditions of appointment as biosecurity auditor
             247    Conditions of appointment                                              89

             Division 5       Suspension or cancellation of appointment
             248    Grounds for suspension or cancellation of appointment                  89
             249    Suspension of appointment                                              90
             250    Biosecurity auditor to be given opportunity to make submissions
                    about suspension                                                       90
             251    Cancellation of appointment                                            90



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Biosecurity Bill 2015 [NSW]
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                                                                                      Page


             252    Biosecurity auditor to be given opportunity to make submissions
                    about cancellation                                                 90
             253    Effect of suspension or cancellation on conditions                 91

             Division 6       Miscellaneous
             254    Offence of contravening conditions of appointment                  91
             255    Impersonation of biosecurity auditor                               91
             256    Appeal to Land and Environment Court                               91

Part 17      Accreditation authorities
             Division 1       Accreditation authorities
             257    Accreditation authority--meaning                                    93
             258    Approval of accreditation authority to exercise functions          93
             259    Effect of approval                                                 93

             Division 2       Approval procedure
             260    Application for approval                                           93
             261    Grant or refusal of approval                                       94
             262    Duration of approval                                               94
             263    Variation of approval                                              94

             Division 3       Renewal of approval
             264    Application for renewal of approval                                94
             265    Grant or refusal of renewal application                            95

             Division 4       Conditions of approval
             266    Conditions of approval                                             95

             Division 5       Suspension or cancellation of approval
             267    Grounds for suspension or cancellation of approval                 96
             268    Suspension of approval                                             96
             269    Accreditation authority to be given opportunity to make
                    submissions about suspension                                       96
             270    Cancellation of approval                                           97
             271    Accreditation authority to be given opportunity to make
                    submissions about cancellation                                     97
             272    Effect of suspension or cancellation on conditions                 97

             Division 6       Miscellaneous
             273    Offence of contravening conditions of approval                     97
             274    Appeal to Land and Environment Court                               98
             275    Disclosure of information                                          98

Part 18      Offences and criminal proceedings
             Division 1       Criminal proceedings generally
             276    Maximum penalty for category 1 offence                             99
             277    Maximum penalty for category 2 offence                             99
             278    Negligent--meaning                                                  99
             279    Special requirements for prosecution of category 1 offences        99


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Biosecurity Bill 2015 [NSW]
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                                                                                       Page


             280    Proceedings for offences                                           100
             281    Time limit for proceedings                                         100
             282    Matters to be considered in imposing penalty                       100

             Division 2       Defences and related matters
             283    Defence of due diligence--category 1 offences                       101
             284    Lawful excuse                                                      101
             285    Things done by or under the direction of authorised officers       101
             286    Common carriers                                                    101
             287    Proof of exemptions                                                102

             Division 3       Court orders in connection with offences
             288    Operation of Division                                              102
             289    Orders generally                                                   102
             290    Orders for restoration and prevention                              102
             291    Orders for costs, expenses and compensation at time offence
                    proved                                                             103
             292    Recovery of costs, expenses and compensation after offence
                    proved                                                             103
             293    Orders regarding costs and expenses of investigation               103
             294    Orders regarding monetary benefits                                 103
             295    Prohibition orders                                                 104
             296    Forfeiture                                                         104
             297    Forfeiture of boats and motor vehicles                             105
             298    Additional orders                                                  105
             299    Appeals against orders                                             106

             Division 4       Penalty notices
             300    Penalty notices                                                    106
             301    Restriction on power to issue penalty notices                      106

             Division 5       Ancillary offences
             302    Liability of directors etc for offences by corporation--special
                    executive liability offences                                       107
             303    Liability of directors etc for offences by corporation--executive
                    liability offences                                                 107
             304    Liability for complicity                                           108
             305    False or misleading information                                    108

Part 19      Compensation
             306    Compensation payable to owners of animals, plants and
                    property                                                           109
             307    Amount of compensation                                             109
             308    Market value to take no account of emergency biosecurity
                    matter                                                             110
             309    Other losses excluded                                              110
             310    Claims                                                             110
             311    Recovery of compensation                                           110
             312    Grounds for refusal or reduction of claim                          110
             313    Disputed claims                                                    111
             314    False claims                                                       111


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Biosecurity Bill 2015 [NSW]
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                                                                                        Page


             315    Power to correct decision                                           111
             316    Power to require repayment from claimant                            111

Part 20      Recovery of administrative costs and other amounts
             Division 1       Preliminary
             317    Recoverable amounts                                                 112
             318    Part permits recovery by government agencies only                   112

             Division 2       Cost recovery orders
             319    Cost recovery order                                                 113
             320    Contents of cost recovery order                                     113
             321    Charging of interest                                                113
             322    Change in payment arrangements                                      113

             Division 3       Recovery of amounts payable under cost recovery
                              orders
             323    Recovery of amount payable under cost recovery order as debt        114
             324    Registration of cost recovery order as charge on land               114

             Division 4       General
             325    Appeal to Land and Environment Court                                115
             326    Waiver or remission of recoverable amounts                          115
             327    Presumed date of service of cost recovery order                     115

Part 21      Permits
             Division 1       Preliminary
             328    Relevant decision-maker--meaning                                     116
             329    References to functions exercisable "in the case of an emergency"   116

             Division 2       Permits
             330    Grant of permits                                                    116
             331    Relationship between Part and Stock Medicines Act 1989              116
             332    Types of permit                                                     116
             333    Who has power to grant permit                                       117
             334    Emergency permit                                                    117
             335    Prohibited matter permit                                            117
             336    Effect of permit                                                    117
             337    Contravention of permit                                             117

             Division 3       Application for permit
             338    Application for permit                                              118
             339    Grant or refusal of permit                                          118
             340    Duration of permit                                                  118
             341    Variation of permit                                                 119

             Division 4       Renewal of permit
             342    Application for renewal of permit                                   119
             343    Grant or refusal of renewal                                         119



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Biosecurity Bill 2015 [NSW]
Contents

                                                                                        Page


             Division 5       Conditions of permit
             344    Conditions of permit                                                120
             345    Conditions for insurance cover                                      120
             346    Conditions for biosecurity audits                                   120
             347    Conditions requiring financial assurances                           120
             348    Conditions to take effect later                                     121

             Division 6       Suspension or cancellation of permit
             349    General grounds for suspension or cancellation of permit            121
             350    Additional grounds for suspension or cancellation of permit--
                    emergency                                                           122
             351    Suspension of permit                                                122
             352    Permit holder to be given opportunity to make submissions
                    about suspension                                                    122
             353    Cancellation of permit                                              123
             354    Permit holder to be given opportunity to make submissions
                    about cancellation                                                  123
             355    Effect of suspension or cancellation on conditions                  124

             Division 7       Miscellaneous
             356    Surrender of permit                                                 124
             357    Appeal to Land and Environment Court                                124

Part 22      Administration
             Division 1       Authorised officers
             358    Appointment of authorised officers                                  126
             359    Powers subject to instrument of appointment                         126
             360    Police officers taken to be authorised officers                     126
             361    Identification                                                      126
             362    Use of assistants                                                   126
             363    Use of dogs                                                         127
             364    Obstructing authorised officers                                     127
             365    Assaulting authorised officers                                      127
             366    Impersonating authorised officers                                   127

             Division 2       Local control authorities--weeds
             367    Local control authority--meaning                                     127
             368    Functions of local control authority                                127
             369    Local authorities to appoint authorised officers to control weeds   128
             370    Recovery of fees                                                    128
             371    Arrangements for joint exercise of functions                        129
             372    Delegation by local control authority                               129

             Division 3       Other officers
             373    Chief Plant Protection Officer                                      129
             374    Chief Veterinary Officer                                            129
             375    Analysts                                                            129

             Division 4       General
             376    Delegation by Secretary                                             130


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Biosecurity Bill 2015 [NSW]
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                                                                                        Page


             377    Extraterritorial exercise of functions                              130
             378    Access to information by authorised officers                        131
             379    Waiver and refund of fees and other amounts                         131

Part 23      Miscellaneous
             380    Protection from liability                                           132
             381    Breach of duty of confidentiality excluded                          132
             382    Restraint of contraventions of requirement imposed by or under
                    Act                                                                 132
             383    Planning and other requirements in relation to authorised actions   132
             384    Collection, use and disclosure of information                       133
             385    Hunting may be authorised                                           134
             386    Cruelty to animals not authorised                                   134
             387    Application of Surveillance Devices Act 2007                        134
             388    Continuing effect of requirements                                   135
             389    Service of notices and other documents                              135
             390    Evidentiary certificates                                            136
             391    Evidence of analysts                                                137
             392    Evidence as to state of mind of corporation                         138
             393    Evidence of publication of instruments on website                   138
             394    Evidence of part to be evidence of whole                            138
             395    Description of land in notices and other instruments                139
             396    Reasonable suspicion--carriers                                       139
             397    Reasonable suspicion of infection                                   139
             398    Reasonable suspicion of infestation                                 139
             399    Exemptions                                                          140
             400    Application of Personal Property Securities Act 2009 (Cth)          140
             401    Regulations                                                         140
             402    Repeals                                                             140
             403    Review of Act                                                       140

Schedule 1          Special provisions relating to weeds                                141
Schedule 2          Prohibited matter                                                   144
Schedule 3          Prohibited dealings                                                 161
Schedule 4          Registrable dealings                                                162
Schedule 5          Regulation-making powers                                            163
Schedule 6          Repeals                                                             165
Schedule 7          Savings, transitional and other provisions                          166
Schedule 8          Amendment of other legislation                                      175




Page 14
                                  New South Wales




Biosecurity Bill 2015

No     , 2015


A Bill for
An Act to provide for the prevention, elimination, minimisation and management of biosecurity
risks; and for other purposes.
Biosecurity Bill 2015 [NSW]
Part 1 Preliminary



The Legislature of New South Wales enacts:                                                                    1


Part 1         Preliminary                                                                                    2

  1   Name of Act                                                                                             3
               This Act is the Biosecurity Act 2015.                                                          4

  2   Commencement                                                                                            5
               This Act commences on a day or days to be appointed by proclamation.                           6

  3   Objects of Act                                                                                          7
         (1)   The primary object of this Act is to provide a framework for the prevention,                    8
               elimination and minimisation of biosecurity risks posed by biosecurity matter,                  9
               dealing with biosecurity matter, carriers and potential carriers, and other activities         10
               that involve biosecurity matter, carriers or potential carriers.                               11
         (2)   The other objects of this Act are as follows:                                                  12
               (a) to promote biosecurity as a shared responsibility between government,                      13
                     industry and communities,                                                                14
               (b) to provide a framework for the timely and effective management of the                      15
                     following:                                                                               16
                      (i) pests, diseases, contaminants and other biosecurity matter that are                 17
                            economically significant for primary production industries,                       18
                     (ii) threats to terrestrial and aquatic environments arising from pests,                 19
                            diseases, contaminants and other biosecurity matter,                              20
                    (iii) public health and safety risks arising from contaminants,                           21
                            non-indigenous animals, bees, weeds and other biosecurity matter                  22
                            known to contribute to human health problems,                                     23
                    (iv) pests, diseases, contaminants and other biosecurity matter that may                  24
                            have an adverse effect on community activities and infrastructure,                25
               (c) to provide a framework for risk-based decision-making in relation to                       26
                     biosecurity,                                                                             27
               (d) to give effect to intergovernmental biosecurity agreements to which the State              28
                     is a party,                                                                              29
               (e) to provide the means by which biosecurity requirements in other jurisdictions              30
                     can be met, so as to maintain market access for industry.                                31

  4   Act to bind Crown                                                                                       32
               This Act binds the Crown in right of New South Wales and, in so far as the legislative         33
               power of the Parliament of New South Wales permits, the Crown in all its other                 34
               capacities.                                                                                    35

  5   Extraterritorial application                                                                            36
         (1)   It is the intention of the Parliament that this Act apply within the State and outside         37
               the State to the full extent of the extraterritorial legislative capacity of the Parliament.   38
         (2)   Without limiting subsection (1), it is the intention of the Parliament that the operation      39
               of this Act is, as far as possible, to include operation in relation to the following:         40
               (a) things situated in or outside the territorial limits of this State,                        41
               (b) acts, transactions and matters done, entered into or occurring in or outside the           42
                      territorial limits of this State,                                                       43



Page 2
Biosecurity Bill 2015 [NSW]
Part 1 Preliminary



               (c)   things, acts, transactions and matters (wherever situated, done, entered into or       1
                     occurring) that would, apart from this Act, be governed or otherwise affected          2
                     by the law of another jurisdiction.                                                    3

  6   Act does not give rise to or affect civil cause of action                                             4
         (1)   A provision of this Act does not confer a right of action in civil proceedings based on      5
               a contravention of the provision.                                                            6
         (2)   Except as otherwise expressly provided by this Act, this Act does not affect or limit        7
               a civil right or remedy that exists apart from this Act, whether at common law or            8
               otherwise.                                                                                   9
         (3)   Without limiting subsection (2), compliance with this Act does not necessarily show          10
               that a civil obligation that exists apart from this Act has been satisfied or has not been   11
               breached.                                                                                    12




Page 3
Biosecurity Bill 2015 [NSW]
Part 2 Interpretation, key concepts and principles



Part 2        Interpretation, key concepts and principles                                               1

Division 1           Interpretation                                                                     2

  7    General definitions                                                                              3
              In this Act:                                                                              4
              accreditation audit--see section 215.                                                      5
              accreditation authority--see section 257.                                                  6
              approved form means a form approved by the Secretary.                                     7
              approved manner means a manner approved by the Secretary.                                 8
              assess includes investigate.                                                              9
              authorised analyst means a person appointed as an authorised analyst under                10
              section 375.                                                                              11
              authorised officer means a person who is appointed as an authorised officer under         12
              this Act and authorised by that appointment to exercise the function in relation to       13
              which the expression is used.                                                             14
              bee means a managed bee of the genus Apis mellifera L. or any other genus of              15
              managed bee prescribed in the regulations for the purposes of this definition.            16
              biosecurity audit means an accreditation audit or a compliance audit.                     17
              biosecurity auditor means a person who has been appointed as a biosecurity auditor        18
              under Part 16 and whose appointment is in force.                                          19
              biosecurity certificate--see section 181.                                                  20
              biosecurity certifier means a person who has been accredited by an accreditation          21
              authority as a biosecurity certifier under Part 14 and whose accreditation is in force.   22
              biosecurity direction means a general biosecurity direction or an individual              23
              biosecurity direction under Part 9.                                                       24
              biosecurity duty means a biosecurity duty imposed by this Act.                            25
              Note. See Parts 3 and 4 for biosecurity duties.                                           26
              biosecurity emergency means an emergency arising because of a biosecurity risk or         27
              biosecurity impact.                                                                       28
              biosecurity event--see section 39.                                                         29
              biosecurity impact--see section 13.                                                        30
              biosecurity matter--see section 10.                                                        31
              biosecurity participant means a person who is, or formerly was:                           32
              (a) a registered entity, or                                                               33
              (b) a biosecurity certifier, or                                                           34
              (c) a biosecurity auditor, or                                                             35
              (d) the holder of an individual permit, or                                                36
              (e) an applicant for a group permit that was granted, or                                  37
               (f) a person who has given a biosecurity undertaking, or                                 38
              (g) an accreditation authority.                                                           39
              biosecurity registration means biosecurity registration granted under Part 12.            40
              biosecurity risk--see section 14.                                                          41
              biosecurity undertaking means a biosecurity undertaking under Part 10 that is in          42
              effect.                                                                                   43
              biosecurity zone regulation means a regulation made under Part 7.                         44




Page 4
Biosecurity Bill 2015 [NSW]
Part 2 Interpretation, key concepts and principles



              carrier--see section 11.                                                                 1
              category 1 offence-- see section 276 for the maximum penalty.                            2
              category 2 offence--see section 277 for the maximum penalty.                             3
              Chief Plant Protection Officer means the person appointed under this Act to be the      4
              Chief Plant Protection Officer.                                                         5
              Chief Veterinary Officer means the person appointed under this Act to be the Chief      6
              Veterinary Officer.                                                                     7
              compliance audit--see section 221.                                                       8
              conduct includes an omission.                                                           9
              contaminant means any non-living thing:                                                 10
               (a) occurring in or on biosecurity matter or a carrier, or                             11
              (b) that may be ingested or absorbed by biosecurity matter or a carrier.                12
              contravene includes cause or permit a contravention to occur.                           13
              control order means an order under Part 6.                                              14
              corresponding law means a law of another State or a Territory, or the                   15
              Commonwealth, that corresponds to the provisions of this Act, and includes any law      16
              declared by the regulations to be a corresponding law.                                  17
              cost recovery order means an order under section 319.                                   18
              critical non-compliance means anything prescribed by the regulations as critical        19
              non-compliance.                                                                         20
              deal--see section 12.                                                                    21
              Department means the Department of Industry, Skills and Regional Development.           22
              director has the same meaning it has in the Corporations Act 2001 of the                23
              Commonwealth.                                                                           24
              disease means any infection of an organism having the potential to result in or         25
              resulting in an abnormal, pathological or unhealthy condition that is caused by a       26
              known or unknown disease agent.                                                         27
              disease agent includes a prion, a microorganism, an infectious agent and a parasite.    28
              emergency biosecurity matter means biosecurity matter that is the subject of an         29
              emergency order.                                                                        30
              emergency order means an order under Part 5.                                            31
              emergency permit--see section 334.                                                       32
              engage in a dealing--see section 12.                                                     33
              executive liability offence--see section 303.                                            34
              external treatment measure means a treatment measure (such as cleaning or               35
              disinfection) that is limited to the external parts of the subject's body and,          36
              accordingly, that does not require:                                                     37
               (a) the penetration of the subject's skin, or                                          38
              (b) the subject to take any substance.                                                  39
              fertiliser means:                                                                       40
               (a) a substance that consists of or contains nitrogen, phosphorus or potassium (or     41
                      any combination of nitrogen, phosphorus or potassium) and is manufactured,      42
                      represented, sold or used as a means for directly or indirectly supplying       43
                      nutriment for the purpose of enhancing the development, productivity, quality   44
                      or reproductive capacity of vegetation, other than a substance excluded from    45
                      this definition by the regulations, or                                          46
              (b) any other substance prescribed by the regulations to be a fertiliser.               47




Page 5
Biosecurity Bill 2015 [NSW]
Part 2 Interpretation, key concepts and principles



              fitting means any thing that is commonly used for production, management,                1
              growing, housing, cultivation, harvesting, storage, transport, handling, processing or   2
              sale of animals, animal products or plants.                                              3
              fodder means any water, meal, meat, plant, vegetable, grain, algal products or other     4
              material (including a mixture of materials) used for the food, supplementation or        5
              litter of animals.                                                                       6
              function includes a power, authority or duty, and exercise a function includes           7
              perform a duty.                                                                          8
              general biosecurity direction--see section 121.                                           9
              government agency means:                                                                 10
               (a) a Public Service agency within the meaning of the Government Sector                 11
                      Employment Act 2013, or                                                          12
              (b) a NSW Government agency, or                                                          13
               (c) a State owned corporation within the meaning of the State Owned                     14
                      Corporations Act 1989, or                                                        15
              (d) a council or county council within the meaning of the Local Government Act           16
                      1993, or                                                                         17
               (e) any other public or local authority constituted by or under an Act, or              18
               (f) the Western Lands Commissioner, or                                                  19
              (g) any person or body declared by the regulations to be a government agency.            20
              group permit--see section 332.                                                            21
              individual biosecurity direction--see section 121.                                        22
              individual permit--see section 332.                                                       23
              intentionally includes knowingly.                                                        24
              interstate biosecurity certificate--see section 183.                                      25
              land includes:                                                                           26
               (a) the sea or an arm of the sea, and                                                   27
              (b) a bay, inlet, lagoon, lake or body of water, whether inland or not and whether       28
                      tidal or non-tidal, and                                                          29
               (c) a river, stream or watercourse, whether tidal or non-tidal.                         30
              liming material means a substance that:                                                  31
               (a) consists of or contains dolomite (an artificially prepared or naturally occurring   32
                      mixture of carbonates, oxides or hydroxides of calcium and magnesium),           33
                      gypsum (the sulphate of calcium in either hydrated or anhydrous form), lime      34
                      (an oxide, hydroxide or carbonate compound of calcium) or magnesite (an          35
                      oxide, hydroxide or carbonate compound of magnesium), and                        36
              (b) is manufactured, represented, sold or used as a means for directly or indirectly     37
                      affecting the nature or composition of soil or any other matter in which         38
                      vegetation is grown.                                                             39
              local control authority--see section 367.                                                 40
              mandatory measures--see section 24.                                                       41
              move includes transport or distribute.                                                   42
              negligent--see section 278.                                                               43
              non-indigenous animal means an animal not native to Australia before European            44
              settlement.                                                                              45
              obstruction offence means an offence of:                                                 46
               (a) furnishing false or misleading information, or                                      47



Page 6
Biosecurity Bill 2015 [NSW]
Part 2 Interpretation, key concepts and principles



              (b) resisting or obstructing an authorised officer, or                                    1
               (c) assaulting, abusing or threatening an authorised officer.                            2
              occupier, in relation to land, includes any person having the care, control or            3
              management of the land.                                                                   4
              permit means a permit granted by the Secretary or an authorised officer under             5
              Part 21.                                                                                  6
              pest--see section 15.                                                                      7
              plant includes any member of the Plantae, Fungi and Protista kingdoms, whether            8
              whole or in part, and whether alive or dead.                                              9
              premises includes any land, building, structure or vehicle and any place, whether         10
              built on or not.                                                                          11
              prohibited dealing means a dealing described in Schedule 3.                               12
              prohibited matter means biosecurity matter that is prohibited matter throughout the       13
              State or in a part of the State under section 27.                                         14
              prohibited matter event--see section 31.                                                   15
              prohibited matter permit--see section 335.                                                 16
              property, in Part 19, means any building, structure, animal products, fodder, fittings    17
              and vehicles.                                                                             18
              reasonably practicable--see section 16.                                                    19
              recoverable amount--see section 317.                                                       20
              registered entity--see section 154.                                                        21
              registrable dealing means a dealing described in Schedule 4.                              22
              responsible accreditation authority--see sections 191 and 239.                             23
              Secretary means the Secretary of the Department.                                          24
              sell includes:                                                                            25
               (a) sell by wholesale, retail, auction or tender, or                                     26
              (b) barter or exchange, or                                                                27
               (c) supply for profit, or                                                                28
              (d) offer for sale, receive for sale or expose for sale, or                               29
               (e) consign or deliver for sale, or                                                      30
               (f) have in possession for sale, or                                                      31
              (g) cause or allow any of the above to be done.                                           32
              special executive liability offence--see section 302.                                      33
              stock food means a stockfood within the meaning of the Agvet Regulations of New           34
              South Wales and also includes any block, lick, premix or stockfood supplement             35
              (within the meaning of those Regulations) and any substance prescribed by the             36
              regulations under this Act as stock food, but does not include:                           37
               (a) a stock medicine registered under the Stock Medicines Act 1989, or                   38
              (b) a substance declared by the regulations not to be a stock food, or                    39
               (c) subject to the regulations, a substance that is intended to be fed to animals        40
                     other than horses or animals belonging to a food-producing species.                41
              Note. Section 6 of the Agricultural and Veterinary Chemicals (New South Wales) Act 1994   42
              gives effect to the Agvet Regulations of New South Wales.                                 43
              thing includes any biosecurity matter.                                                    44




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               trace element product means a substance that:                                               1
                (a) consists of or contains a trace element (that is, boron, cobalt, copper, iron,         2
                      magnesium, manganese, molybdenum, selenium or zinc or any other element              3
                      prescribed by the regulations), or any compound of a trace element, and              4
               (b) is manufactured, represented, sold or used as a means for directly or indirectly:       5
                       (i) supplying nutriment for the purpose of enhancing the development,               6
                             productivity, quality or reproductive capacity of vegetation, or              7
                      (ii) affecting the nature or composition of soil or any other matter in which        8
                             vegetation is grown.                                                          9
               treatment measure means a treatment or process for the prevention, elimination,             10
               minimisation or management of biosecurity matter (including cleaning, fumigation,           11
               disinfection, medication and vaccination).                                                  12
               vehicle includes a conveyance of any kind, whether or not self-propelled, and               13
               whether or not (at any material time) capable of being moved or operated, and               14
               includes:                                                                                   15
                (a) any caravan, trailer, truck, train or other land vehicle, and                          16
               (b) any ship, hovercraft, boat, ferry, raft and pontoon or other water craft, and           17
                (c) any aeroplane, helicopter, hot air balloon, drone or other aircraft.                   18
               weed means a plant that is a pest.                                                          19

  8    Identification of biosecurity matter                                                                20
         (1)   If biosecurity matter referred to in this Act or the regulations is referred to by both a   21
               common name and a scientific name, the common name is for information purposes              22
               only and does not limit the description of the biosecurity matter.                          23
         (2)   If biosecurity matter referred to in this Act or the regulations has a life cycle, a        24
               reference to the biosecurity matter includes a reference to that biosecurity matter at      25
               any stage of its life cycle.                                                                26

  9    Notes                                                                                               27
               Notes included in this Act do not form part of this Act.                                    28

Division 2           Key concepts                                                                          29

10     Biosecurity matter                                                                                  30
               Biosecurity matter means:                                                                   31
               (a) any living thing, other than a human, or                                                32
               (b) any part of an animal, plant or living thing, other than a human, or                    33
               (c) a product of a living thing, other than a human, or                                     34
               (d) a disease, or                                                                           35
               (e) a prion, or                                                                             36
                (f) a contaminant, or                                                                      37
               (g) a disease agent that can cause disease in a living thing (other than a human) or        38
                     that can cause disease in a human via transmission from a non-human host to           39
                     a human, or                                                                           40
               (h) any thing declared by the regulations to be biosecurity matter.                         41




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11     Carriers                                                                                           1
               A carrier means any thing (whether alive, dead or inanimate, and including a human)        2
               that has, or is capable of having, any biosecurity matter on it, attached to it or         3
               contained in it.                                                                           4

12     Dealings                                                                                           5
         (1)   Deal with biosecurity matter or a carrier, or engage in a dealing with biosecurity         6
               matter or a carrier, includes any of the following:                                        7
                (a) keep biosecurity matter or a carrier,                                                 8
                (b) have possession, care, custody or control of biosecurity matter or a carrier,         9
                (c) produce, manufacture or supply biosecurity matter or a carrier,                       10
                (d) import biosecurity matter or a carrier into the State,                                11
                (e) acquire biosecurity matter or a carrier,                                              12
                 (f) buy, sell or dispose of biosecurity matter or a carrier,                             13
                (g) move biosecurity matter or a carrier,                                                 14
                (h) release biosecurity matter or a carrier from captivity,                               15
                 (i) use or treat biosecurity matter or a carrier for any purpose,                        16
                 (j) breed, propagate, grow, raise, feed or culture biosecurity matter or a carrier,      17
                (k) experiment with biosecurity matter or a carrier,                                      18
                 (l) display biosecurity matter or a carrier,                                             19
               (m) enter into an agreement or other arrangement under which another person                20
                     deals with biosecurity matter or a carrier,                                          21
                (n) agree to deal with biosecurity matter or a carrier,                                   22
                (o) cause or permit a dealing in biosecurity matter or a carrier to occur,                23
                (p) anything prescribed by the regulations as a dealing with, or engaging in a            24
                     dealing with, biosecurity matter or a carrier.                                       25
         (2)   An occupier of land is taken to have possession of any biosecurity matter or carrier       26
               on that land unless the occupier establishes that the biosecurity matter or carrier was    27
               in the possession, care, custody or control of another person.                             28
         (3)   The regulations may specify circumstances in which a person is taken not to be             29
               dealing with or engaging in a dealing with biosecurity matter or a carrier for the         30
               purposes of this Act or any provision of this Act.                                         31

13     Biosecurity impact                                                                                 32
         (1)   A biosecurity impact means an adverse effect on the economy, the environment or            33
               the community that arises, or has the potential to arise, from biosecurity matter, a       34
               carrier or dealing with biosecurity matter or a carrier, being an adverse effect that is   35
               related to:                                                                                36
                (a) the introduction, presence, spread or increase of a disease or disease agent into     37
                      or within the State or any part of the State, or                                    38
               (b) the introduction, presence, spread or increase of a pest into or within the State      39
                      or any part of the State, or                                                        40
                (c) stock food or fertilisers, or                                                         41
               (d) animals, plants or animal products becoming chemically affected, or                    42
                (e) public nuisance caused by bees, or                                                    43




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                (f)   a risk to public safety caused by bees or non-indigenous animals, or                1
               (g)    any thing declared by the regulations to be a biosecurity impact.                   2
       (2)     An animal or plant, or a product of an animal or plant, is chemically affected if it       3
               contains a contaminant and, as a result:                                                   4
               (a) it is or is likely to become unfit for sale or export for human consumption, or        5
               (b) it is or is likely to pose a danger to human health or to the environment, or          6
               (c) it is or is likely to be detrimental to export or other trade.                         7
               Note. Plant is defined to include parts of plants (whether alive or dead).                 8

14     Biosecurity risk                                                                                   9
               Biosecurity risk means the risk of a biosecurity impact occurring.                         10

15     Pests                                                                                              11
       (1)     A pest means a plant or animal (other than a human) that has an adverse effect on, or      12
               is suspected of having an adverse effect on, the environment, the economy or the           13
               community because it has the potential to:                                                 14
                (a) out-compete other organisms for resources, including food, water, nutrients,          15
                      habitat and sunlight, or                                                            16
               (b) prey or feed on other organisms, or                                                    17
                (c) transmit disease to other organisms, or                                               18
               (d) cause harm to other organisms through its toxicity, or                                 19
                (e) otherwise reduce the productivity of agricultural systems or the value of             20
                      agricultural products, or                                                           21
                (f) damage infrastructure, or                                                             22
               (g) reduce the amenity or aesthetic value of premises, or                                  23
               (h) harm or reduce biodiversity, or                                                        24
                 (i) do any other thing, or have any other effect, prescribed by the regulations.         25
       (2)     A pest includes any thing declared by the regulations to be a pest for the purposes of     26
               this Act.                                                                                  27

16     Reasonably practicable                                                                             28
               Reasonably practicable, in relation to the prevention, elimination or minimisation of      29
               a biosecurity risk, means that which is, or was at a particular time, reasonably able to   30
               be done, taking into account and weighing up all relevant matters including:               31
               (a) the biosecurity risk concerned, and                                                    32
               (b) the degree of biosecurity impact that arises, or might arise, from the                 33
                      biosecurity risk, and                                                               34
               (c) what the person concerned knows, or ought reasonably to know, about the                35
                      biosecurity risk and the ways of preventing, eliminating or minimising the          36
                      risk, and                                                                           37
               (d) the availability and suitability of ways to prevent, eliminate or minimise the         38
                      biosecurity risk, and                                                               39
               (e) the cost associated with available ways of preventing, eliminating or                  40
                      minimising the risk, including whether the cost is grossly disproportionate to      41
                      the risk.                                                                           42




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Division 3           Principles that apply to biosecurity duties                                        1

17     Principles that apply to duties                                                                  2
              This Division sets out the principles that apply to all biosecurity duties that persons   3
              have under this Act.                                                                      4

18     Duties not transferable                                                                          5
              A biosecurity duty cannot be transferred to another person.                               6

19     Person can have more than one duty                                                               7
              A person can have more than one biosecurity duty.                                         8

20     More than one person can have a duty                                                             9
       (1)    More than one person can concurrently have the same biosecurity duty.                     10
       (2)    Each person who has a biosecurity duty must discharge that duty to the standard           11
              required by this Act even if another person has the same duty.                            12
       (3)    If more than one person has a biosecurity duty in relation to the same thing, each        13
              person:                                                                                   14
               (a) retains responsibility for the person's duty in relation to the thing, and           15
              (b) must discharge the person's duty to the extent to which the person has the            16
                    capacity to influence and control the thing or would have had that capacity but     17
                    for an agreement or arrangement purporting to limit or remove that capacity.        18

21     Duty to prevent, eliminate or minimise biosecurity risk                                          19
              A duty imposed on a person to prevent, eliminate or minimise a biosecurity risk so        20
              far as is reasonably practicable is a duty:                                               21
               (a) to prevent or eliminate a biosecurity risk so far as is reasonably practicable,      22
                      and                                                                               23
              (b) if it is not reasonably practicable to prevent or eliminate the biosecurity risk,     24
                      to minimise the biosecurity risk so far as is reasonably practicable.             25




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Part 3       General biosecurity duty                                                                     1

22    Biosecurity duty--dealings with biosecurity matter and carriers                                      2
             Any person who deals with biosecurity matter or a carrier and who knows, or ought            3
             reasonably to know, the biosecurity risk posed or likely to be posed by the biosecurity      4
             matter, carrier or dealing has a biosecurity duty to ensure that, so far as is reasonably    5
             practicable, the biosecurity risk is prevented, eliminated or minimised.                     6

23    Offence of failing to discharge biosecurity duty                                                    7
       (1)   A person who fails to discharge the person's biosecurity duty under this Part is guilty      8
             of an offence.                                                                               9
       (2)   An offence against this section is a category 1 offence if:                                  10
             (a) the failure is intentional or reckless, and                                              11
             (b) the failure caused, or was likely to cause, a significant biosecurity impact.            12
       (3)   In any other case, the offence is a category 2 offence.                                      13
       (4)   An offence against this section is an executive liability offence.                           14
       (5)   A person who is guilty of a category 1 offence or category 2 offence against this            15
             section because the person fails to discharge the person's biosecurity duty under this       16
             Part:                                                                                        17
             (a) continues, until the duty is discharged, to be required to discharge that duty,          18
                   and                                                                                    19
             (b) is guilty of a continuing offence (of the same category) for each day the failure        20
                    continues.                                                                            21

24    Mandatory measures                                                                                  22
       (1)   The regulations may require persons who deal with biosecurity matter or carriers to          23
             take specified actions to prevent, eliminate or minimise a biosecurity risk posed or         24
             likely to be posed by the biosecurity matter, carrier or dealing. Those requirements         25
             are mandatory measures.                                                                      26

       (2)   The mandatory measures may apply in relation to all or any specified class of                27
             persons, dealings, biosecurity matter or carriers.                                           28
       (3)   A person who deals with biosecurity matter or a carrier and who contravenes any              29
             mandatory measures that are applicable to the biosecurity matter, carrier or dealing         30
             is taken to have failed to ensure that, so far as is reasonably practicable, the             31
             biosecurity risk posed or likely to be posed by the biosecurity matter, carrier or           32
             dealing is prevented, eliminated or minimised.                                               33
             Note. Accordingly, the person could be charged with an offence under section 23 in respect   34
             of that failure.                                                                             35
       (4)   The mandatory measures may be specified to be minimum mandatory measures, in                 36
             which case compliance with those measures does not, of itself, demonstrate that a            37
             person ensured that, so far as is reasonably practicable, the biosecurity risk posed or      38
             likely to be posed by the biosecurity matter, carrier or dealing was prevented,              39
             eliminated or minimised.                                                                     40

       (5)   In this section, actions include:                                                            41
              (a) refraining from doing a thing, and                                                      42
             (b) adopting any procedures or programs.                                                     43




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25    Offence of failure to comply with mandatory measures                                              1
       (1)   A person who deals with biosecurity matter or a carrier in contravention of any            2
             mandatory measures that apply to that biosecurity matter, carrier or dealing is guilty     3
             of an offence.                                                                             4
       (2)   An offence against this section is a category 2 offence.                                   5
       (3)   An offence against this section is an executive liability offence.                         6
       (4)   A person who is guilty of an offence against this section because of a contravention       7
             of any mandatory measures:                                                                 8
             (a) continues, until the mandatory measures are complied with and despite the fact          9
                   that any specified period or time for compliance has expired or passed, to be        10
                   required to comply with the mandatory measures, and                                  11
             (b) is guilty of a continuing offence for each day the contravention continues.            12
       (5)   A person cannot be found guilty of both an offence against section 23 and an offence       13
             against this section in respect of the same conduct.                                       14
       (6)   In proceedings for an offence against section 23 in which it is alleged the person         15
             charged with the offence contravened any mandatory measures, if the court is not           16
             satisfied that the offence is proven, but is satisfied that the person committed an        17
             offence against this section, the court may find the person guilty of an offence against   18
             this section. The person is liable to punishment accordingly.                              19

26    Special provisions relating to weeds                                                              20
             Schedule 1 contains further provisions relating to the requirements imposed by this        21
             Part. Those provisions relate specifically to weeds.                                       22




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Part 4        Prohibited matter and related biosecurity duties                                          1

Division 1           Preliminary                                                                        2

27     What is prohibited matter                                                                        3
       (1)    The biosecurity matter described in Schedule 2 is prohibited matter.                      4
       (2)    Biosecurity matter described in Part 1 of Schedule 2 is prohibited matter throughout      5
              the State.                                                                                6
       (3)    Biosecurity matter described in Columns 1 and 2 of Part 2 of Schedule 2 is prohibited     7
              matter in that part of the State described opposite the biosecurity matter in Column 3.   8
       (4)    The regulations may amend Schedule 2 by inserting, altering or omitting any items          9
              or descriptions in that Schedule.                                                         10
       (5)    The regulations may provide for transitional arrangements for the lawful disposal or      11
              destruction of biosecurity matter that becomes prohibited matter (including by            12
              providing for exceptions to offences under this Part).                                    13

Division 2           Offence of dealing with prohibited matter                                          14

28     Dealings with prohibited matter                                                                  15
       (1)    A person who deals with any biosecurity matter that is prohibited matter throughout       16
              the State is guilty of an offence.                                                        17

       (2)    A person who deals with biosecurity matter is guilty of an offence if:                    18
              (a) the biosecurity matter is located in a part of the State in which it is prohibited    19
                    matter, or                                                                          20
              (b) as a result of the dealing, the biosecurity matter enters or is likely to enter a     21
                    part of the State in which it is prohibited matter.                                 22

       (3)    An offence against subsection (1) or (2) is a category 1 offence if the offence is        23
              committed intentionally or recklessly.                                                    24

       (4)    In any other case, the offence is a category 2 offence.                                   25

       (5)    A category 1 offence or category 2 offence against subsection (1) or (2) is an            26
              executive liability offence.                                                              27

       (6)    A person who is guilty of a category 1 offence or category 2 offence against              28
              subsection (1) or (2) because the person deals with biosecurity matter in                 29
              contravention of that subsection:                                                         30
              (a) continues, until that contravention ceases, to be liable for a contravention of       31
                    subsection (1), and                                                                 32
              (b) is guilty of a continuing offence (of the same category) for each day that            33
                    contravention continues.                                                            34

29     Defence for unknowing possession                                                                 35
              In proceedings for a category 2 offence under this Division, it is a defence to the       36
              prosecution of an offence constituted by a person having prohibited matter in the         37
              person's possession, care, custody or control if the person charged with the offence      38
              proves that the person did not know, and could not reasonably be expected to have         39
              known, that the person had the prohibited matter in the person's possession, care,        40
              custody or control.                                                                       41
              Note. A due diligence defence applies to category 1 offences. See Part 18.                42




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Division 3           Duty to notify presence of prohibited matter                                        1

30     Biosecurity duty                                                                                  2
       (1)    A person who becomes aware of, or suspects, that a prohibited matter event has             3
              occurred, is occurring or is about to occur has a biosecurity duty to immediately          4
              notify the prohibited matter event in accordance with the requirements specified in        5
              the regulations.                                                                           6

       (2)    A biosecurity duty arises under this Division only if the person:                          7
              (a) is the owner, occupier or person in charge of, or has the care, custody or              8
                    control of, premises, a carrier or other thing in relation to which the prohibited    9
                    matter is present or suspected of being present, or                                  10
              (b) becomes aware of, or suspects, the occurrence of the prohibited matter event           11
                    as a result of any consultation or other work carried out in relation to premises,   12
                    a carrier or other thing in the person's professional capacity, or                   13
              (c) is a person of a class prescribed by the regulations.                                  14

31     Prohibited matter event--meaning                                                                   15
              A prohibited matter event means:                                                           16
              (a) the presence of biosecurity matter in a part of the State in which it is prohibited    17
                   matter, or                                                                            18
              (b) the introduction of biosecurity matter into a part of the State in which it is         19
                   prohibited matter.                                                                    20

32     Offence of failing to discharge biosecurity duty to notify presence of prohibited                 21
       matter                                                                                            22
       (1)    A person who fails to discharge the person's biosecurity duty under this Division is       23
              guilty of an offence.                                                                      24
       (2)    An offence against this section is a category 1 offence if the failure is intentional or   25
              reckless.                                                                                  26
       (3)    In any other case, the offence is a category 2 offence.                                    27
       (4)    A category 1 offence against this section is a special executive liability offence.        28
       (5)    A category 2 offence against this section is an executive liability offence.               29
       (6)    A person who is guilty of a category 1 offence or category 2 offence against this          30
              section because the person fails to discharge the person's biosecurity duty under this     31
              Division:                                                                                  32
              (a) continues, until the duty is discharged, to be required to discharge that duty,        33
                    and                                                                                  34
              (b) is guilty of a continuing offence (of the same category) for each day the failure      35
                     continues.                                                                          36

33     Defence for failure to notify prohibited matter event that is well-known                          37
              It is a defence to the prosecution of an offence under this Division if the person         38
              charged with the offence proves that the person did not notify the prohibited matter       39
              event because the person had good reason to believe that the particular circumstances      40
              that the person became aware of, or suspected, were widely and publicly known              41
              (including to the Department).                                                             42




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34     Protection against self-incrimination                                                              1
       (1)    Information furnished or an answer given by a natural person that the person was            2
              required to furnish or give to comply with a requirement under this Division is not         3
              admissible in evidence against the person in criminal proceedings, except                   4
              proceedings for an obstruction offence.                                                     5
       (2)    Further information obtained as a result of information furnished or an answer given        6
              in compliance with a requirement under this Division is not inadmissible on the             7
              ground:                                                                                     8
               (a) that the information had to be furnished or the answer had to be given, or             9
              (b) that the information furnished or answer given might incriminate the person.            10

35     Regulations relating to notifications                                                              11
              The regulations may make further provision for notifications under this Division,           12
              including the following:                                                                    13
               (a) the person or persons to whom notification is to be given,                             14
              (b) the form and manner in which notification is to be given,                               15
               (c) the information required to be given,                                                  16
              (d) requirements in relation to notifications (such as a requirement to provide             17
                    further information or answer questions).                                             18

Division 4           Duty to prevent, eliminate or minimise risk posed by                                 19
                     prohibited matter                                                                    20

36     Biosecurity duty                                                                                   21
       (1)    A person who becomes aware of, or suspects, the presence of biosecurity matter in a         22
              part of the State in which it is prohibited matter has a biosecurity duty to ensure that,   23
              so far as is reasonably practicable, the biosecurity risk posed or likely to be posed by    24
              the prohibited matter is prevented, eliminated or minimised.                                25
       (2)    A biosecurity duty arises under this Division only if the person:                           26
              (a) is the owner, occupier or person in charge of, or has the care, custody or              27
                    control of, premises, a carrier or other thing in relation to which the prohibited    28
                    matter is present or suspected of being present, or                                   29
              (b) becomes aware of, or suspects, the presence of prohibited matter as a result of         30
                    any consultation or other work carried out in relation to premises, a carrier or      31
                    other thing in the person's professional capacity, or                                 32
              (c) is a person of a class prescribed by the regulations.                                   33

37     Offence of failing to discharge biosecurity duty                                                   34
       (1)    A person who fails to discharge the person's biosecurity duty under this Division is        35
              guilty of an offence.                                                                       36
       (2)    An offence against this section is a category 1 offence if the failure is intentional or    37
              reckless.                                                                                   38
       (3)    In any other case, the offence is a category 2 offence.                                     39
       (4)    A category 1 offence or category 2 offence against this section is an executive             40
              liability offence.                                                                          41
       (5)    A person who is guilty of a category 1 offence or category 2 offence against this           42
              section because the person fails to discharge the person's biosecurity duty under this      43
              Division:                                                                                   44



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              (a)    continues, until the duty is discharged, to be required to discharge that duty,       1
                     and                                                                                   2
              (b)    is guilty of a continuing offence (of the same category) for each day the failure     3
                     continues.                                                                            4

Division 5           Duty to notify biosecurity events                                                     5

38     Biosecurity duty                                                                                    6
       (1)    A person who becomes aware of, or suspects, the existence of a biosecurity event has         7
              a biosecurity duty to immediately notify the biosecurity event in accordance with the        8
              requirements specified in the regulations.                                                   9
       (2)    A biosecurity duty arises under this Division only if the person:                            10
              (a) is the owner, occupier or person in charge of, or has the care, custody or               11
                    control of, premises, a carrier or other thing in relation to which the biosecurity    12
                    event has occurred, is occurring or is likely to occur, or                             13
              (b) becomes aware of, or suspects, the biosecurity event as a result of any                  14
                    consultation or other work carried out in relation to premises, a carrier or other     15
                    thing in the person's professional capacity, or                                        16
              (c) is a person of a class prescribed by the regulations.                                    17

39     Biosecurity event--meaning                                                                           18
       (1)    A biosecurity event means something that has occurred, is occurring or is likely to          19
              occur and that has had, is having, or is likely to have, a significant biosecurity impact,   20
              other than a prohibited matter event.                                                        21
       (2)    A biosecurity event includes anything declared by the regulations to be a biosecurity        22
              event.                                                                                       23

40     Offence of failing to discharge biosecurity duty to notify event                                    24
       (1)    A person who fails to discharge the person's biosecurity duty under this Division is         25
              guilty of an offence.                                                                        26
       (2)    An offence against this section is a category 1 offence if the failure is intentional or     27
              reckless.                                                                                    28
       (3)    In any other case, the offence is a category 2 offence.                                      29
       (4)    A category 1 offence or category 2 offence against this section is an executive              30
              liability offence.                                                                           31
       (5)    A person who is guilty of a category 1 offence or category 2 offence against this            32
              section because the person fails to discharge the person's biosecurity duty under this       33
              Division:                                                                                    34
              (a) continues, until the duty is discharged, to be required to discharge that duty,          35
                    and                                                                                    36
              (b) is guilty of a continuing offence (of the same category) for each day the failure        37
                     continues.                                                                            38

41     Defence for failure to notify event that is well-known                                              39
              It is a defence to the prosecution of an offence under this Division if the person           40
              charged with the offence proves that the person did not notify the biosecurity event         41
              because the person had good reason to believe that the particular circumstances that         42
              the person became aware of, or suspected, were widely and publicly known                     43
              (including to the Department).                                                               44



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42     Protection against self-incrimination                                                         1
       (1)    Information furnished or an answer given by a natural person that the person was       2
              required to furnish or give to comply with a requirement under this Division is not    3
              admissible in evidence against the person in criminal proceedings, except              4
              proceedings for an obstruction offence.                                                5
       (2)    Further information obtained as a result of information furnished or an answer given   6
              in compliance with a requirement under this Division is not inadmissible on the        7
              ground:                                                                                8
               (a) that the information had to be furnished or the answer had to be given, or        9
              (b) that the information furnished or answer given might incriminate the person.       10

43     Regulations relating to notifications                                                         11
              The regulations may make further provision for notifications under this Division,      12
              including the following:                                                               13
               (a) the person or persons to whom notification is to be given,                        14
              (b) the form and manner in which notification is to be given,                          15
               (c) the information required to be given,                                             16
              (d) requirements in relation to notifications (such as a requirement to provide        17
                    further information or answer questions).                                        18




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Part 5       Emergency orders                                                                          1

Division 1          Emergency orders                                                                   2

44    Emergency order                                                                                  3
       (1)   The Secretary may, by order in writing (an emergency order):                              4
             (a) declare a biosecurity emergency, and                                                  5
             (b) establish measures to respond to that biosecurity emergency.                          6
       (2)   The Secretary may make an emergency order only if the Secretary is satisfied, or          7
             reasonably suspects, that there is a current or imminent biosecurity risk that may have   8
             a significant biosecurity impact.                                                         9
       (3)   The principal objects of an emergency order are:                                          10
             (a) to isolate an emergency zone or biosecurity matter, and                               11
             (b) to prevent the spread of the biosecurity matter, and                                  12
             (c) to eradicate the biosecurity matter (if practicable).                                 13
       (4)   However, the principal objects of an emergency order do not limit the matters that        14
             may be provided for by an emergency order.                                                15

45    Content of emergency order                                                                       16
             An emergency order is to specify the following:                                           17
             (a) the biosecurity matter, biosecurity risk or biosecurity impact that is the subject    18
                  of the emergency,                                                                    19
             (b) the emergency zone or zones,                                                          20
             (c) the emergency measures,                                                               21
             (d) the persons or class of persons to whom the emergency measures apply,                 22
             (e) the duration of the emergency order.                                                  23

46    Notice of emergency order                                                                        24
       (1)   The Secretary is to give notice of an emergency order by causing a copy of the order      25
             to be published on the website of the Department or in the Gazette (or both).             26
       (2)   The Secretary is to take reasonable steps to ensure that persons who are likely to be     27
             directly affected by the order are made aware of the order.                               28

47    Notice of property specific order                                                                29
       (1)   The Secretary may, if the Secretary considers it appropriate in the circumstances,        30
             give notice of an emergency order that is property specific by causing a copy of the      31
             order to be served on the owner, occupier or person apparently in charge of the           32
             affected property (instead of by publishing the order on the website of the               33
             Department or in the Gazette).                                                            34

       (2)   An emergency order is property specific if it relates to specified premises, specified    35
             biosecurity matter or any other specified thing (each of which is affected property).     36

48    Duration of emergency order                                                                      37
       (1)   An emergency order remains in force for the period specified in the order, not            38
             exceeding 6 months from the date the order is made.                                       39




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       (2)   The Secretary may, by making an order that amends an emergency order, extend the         1
             period during which an emergency order remains in force for a further period (not        2
             exceeding 6 months).                                                                     3
       (3)   The period during which an emergency order remains in force may be extended any          4
             number of times.                                                                         5

Division 2          Matters for which emergency order may provide                                     6

49    Emergency zone                                                                                  7
       (1)   An emergency zone is the principal area or areas in relation to which, in the opinion     8
             of the Secretary, measures are required to be implemented under the emergency             9
             order.                                                                                   10
       (2)   An emergency zone may be:                                                                11
             (a) any specified premises or specified part of premises, or                             12
             (b) any specified area, or                                                               13
             (c) the whole or any specified part of the State.                                        14
       (3)   An emergency order may provide for more than one emergency zone and for                  15
             different classes of emergency zone.                                                     16

50    Emergency measures                                                                              17
       (1)   The emergency measures are the measures that the Secretary establishes under an          18
             emergency order to respond to a biosecurity emergency.                                   19
       (2)   The Secretary may specify, as emergency measures, any measures that the Secretary        20
             decides are reasonably necessary to respond to the biosecurity emergency concerned.      21
       (3)   The emergency measures are to be no more onerous than the Secretary considers            22
             necessary having regard to the nature of the biosecurity emergency.                      23
       (4)   In deciding on the emergency measures, the Secretary is to have regard to the            24
             principal objects of an emergency order and any other matters the Secretary              25
             considers are relevant.                                                                  26
       (5)   The emergency measures may apply:                                                        27
             (a) within an emergency zone, and                                                        28
             (b) outside an emergency zone, but only if the Secretary considers that reasonably       29
                  necessary having regard to the nature of the biosecurity emergency.                 30
       (6)   The emergency measures may:                                                              31
             (a) prohibit, regulate or control the doing of any thing, or                             32
             (b) require or authorise the doing of any thing.                                         33
       (7)   A power to require the doing of a thing includes a power to require a person to          34
             arrange for that thing to be done.                                                       35

51    Examples of emergency measures                                                                  36
             Without limiting the powers conferred on the Secretary by this Part, emergency           37
             measures may include provisions that prohibit, regulate or control, or that require or   38
             authorise, any of the following:                                                         39
             (a) activities that involve biosecurity matter, a carrier or a potential carrier,        40
             (b) the use of premises for an activity that involves biosecurity matter, a carrier or   41
                   a potential carrier,                                                               42




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              (c)    the movement of any biosecurity matter, carrier, potential carrier or other          1
                     thing,                                                                               2
              (d)    the isolation, confinement or detention of any biosecurity matter or other           3
                     thing,                                                                               4
              (e)    treatment measures to be carried out in relation to biosecurity matter, a carrier,   5
                     a potential carrier, premises or other thing,                                        6
              (f)    the erection or repair of fencing, gates or any other method of enclosure, or the    7
                     taking of any other specified security or containment measures in relation to        8
                     any premises, biosecurity matter or other thing,                                     9
              (g)    the erection of signs,                                                               10
              (h)    the provision of samples of any biosecurity matter or other thing,                   11
               (i)   the testing of any biosecurity matter or other thing,                                12
               (j)   the obtaining of a biosecurity certificate in relation to any biosecurity matter     13
                     or other thing,                                                                      14
              (k)    the installation or use of a device at any premises, for the purpose of detecting    15
                     or monitoring the presence of any biosecurity matter or other thing or               16
                     capturing any biosecurity matter or other thing,                                     17
              (l)    the destruction, disposal or eradication of any thing (including by specifying       18
                     the manner of destruction, disposal or eradication),                                 19
             (m)     any other matters expressly authorised by the regulations.                           20

52    Special powers                                                                                      21
       (1)   In addition, the emergency measures may do any of the following:                             22
              (a) prohibit, regulate or control entry to or exit from any specified premises or           23
                   area,                                                                                  24
             (b) prohibit, regulate or control the use of any road within or going into or out of         25
                   a specified premises or area (including by closing roads),                             26
              (c) require persons entering or leaving any specified premises or area in a vehicle         27
                   to stop and, if required by an authorised officer:                                     28
                    (i) permit the vehicle to be inspected, and                                           29
                   (ii) permit treatment measures to be carried out in relation to the vehicle,           30
             (d) require persons entering or leaving any specified premises or area to stop and,          31
                   if required by an authorised officer:                                                  32
                    (i) permit themselves and any thing in their care, custody or control to be           33
                           inspected, and                                                                 34
                   (ii) carry out or permit external treatment measures to be carried out in              35
                           relation to themselves and any thing in their care, custody or control,        36
              (e) prohibit a person from entering or leaving any specified premises or area               37
                   unless the person has done either or both of the following:                            38
                    (i) carried out, in relation to himself or herself, any specified external            39
                           treatment measure,                                                             40
                   (ii) carried out, in relation to any thing in the person's care, custody or            41
                           control, any specified treatment measure.                                      42
       (2)   An emergency order cannot prohibit, regulate or control the movement of a person,            43
             except as expressly provided for by this section.                                            44
       (3)   Subsection (2) does not prevent emergency measures being imposed in relation to              45
             any biosecurity matter, premises, activity or thing that have an impact on the               46




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             movement of a person but that are not imposed for the purpose of restricting the           1
             movement of a person.                                                                      2
             Note. For example, emergency measures could prohibit persons from taking a particular      3
             animal or plant out of premises. This measure may have an impact on the movement of a      4
             person but is not imposed for that purpose.                                                5

Division 3          Limitations that apply to emergency order                                           6

53    Treatment of persons                                                                              7
       (1)   An emergency order cannot require any treatment measure to be carried out on a             8
             person, other than an external treatment measure.                                          9
       (2)   An emergency order cannot require a person to provide samples of the person's              10
             blood, hair, saliva or any other body part or body fluid.                                  11

54    Inspection of persons                                                                             12
             A requirement in an emergency order that persons permit themselves to be inspected         13
             by an authorised officer authorises the authorised officer to require a person to do any   14
             of the following:                                                                          15
             (a) to submit to a visual inspection (including of the exterior of the person's            16
                    clothing and shoes),                                                                17
             (b) to shake, or otherwise move, the person's hair.                                        18

55    Destruction requirements                                                                          19
       (1)   An emergency order cannot require or authorise the destruction of biosecurity matter       20
             or any other thing unless:                                                                 21
             (a) the Secretary is of the opinion that the destruction is reasonably necessary to        22
                   prevent, eliminate or minimise a significant biosecurity impact, or                  23
             (b) the biosecurity matter to be destroyed is an animal and the Secretary is of the        24
                   opinion that the destruction is necessary to ensure that the other emergency         25
                   measures provided for by the emergency order do not have or continue to have         26
                   an adverse effect on animal welfare.                                                 27
       (2)   To avoid doubt, distress or likely distress to an animal is an adverse effect on animal    28
             welfare.                                                                                   29
       (3)   Part 2B of the Prevention of Cruelty to Animals Act 1979 does not apply to the             30
             destruction of an animal as required or authorised by an emergency order.                  31

56    Persons directly affected by destruction requirement to be advised of requirement                 32
             If an emergency order requires or authorises the destruction of any biosecurity matter     33
             or other thing, the Secretary must ensure that a copy of the order is given to the owner   34
             or person in charge of the biosecurity matter or thing, unless:                            35
              (a) there appears to be no one immediately in control of it, and the owner or person      36
                    in charge cannot, after such search and inquiry as is reasonable in the             37
                    circumstances, be located, and                                                      38
             (b) the Secretary considers that, in the circumstances, the order must be carried          39
                    out without prior notice to the owner or person in charge.                          40

Division 4          Effect of order                                                                     41

57    Order prevails over other instruments                                                             42
             An emergency order prevails, to the extent of any inconsistency, over the following:       43




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              (a)   the regulations,                                                                   1
              (b)   any biosecurity registration, permit (other than an emergency permit) or           2
                    exemption granted under this Act,                                                  3
              (c)   any control order,                                                                 4
              (d)   any other instrument made or issued under this Act.                                5

58    Offence of contravening emergency order                                                          6
       (1)   A person who contravenes an emergency order is guilty of an offence.                      7
       (2)   An offence against this section is a category 1 offence if the contravention is           8
             intentional or reckless.                                                                  9
       (3)   In any other case, the offence is a category 2 offence.                                   10
       (4)   A category 1 offence against this section is a special executive liability offence.       11
       (5)   A category 2 offence against this section is an executive liability offence.              12
       (6)   A person who is guilty of a category 1 offence or category 2 offence against this         13
             section because the person contravenes a requirement of an emergency order:               14
             (a) continues, until the requirement is complied with and despite the fact that any       15
                   specified period or time for compliance has expired or passed, to be liable to      16
                   comply with the requirement, and                                                    17
             (b) is guilty of a continuing offence (of the same category) for each day the             18
                   contravention continues.                                                            19
       (7)   Subsection (6) does not apply to the extent that a requirement of an emergency order      20
             is revoked.                                                                               21
       (8)   A person does not commit an offence against this section of contravening an               22
             emergency order unless:                                                                   23
             (a) the order was published on the website of the Department or in the Gazette, or        24
             (b) the person was served with a copy of the order.                                       25

59    Secretary may authorise required actions and recover costs                                       26
       (1)   If a person (the liable person) fails to comply with an emergency order, the Secretary    27
             may authorise any person to enter premises and take any actions in relation to those      28
             premises, or any thing on those premises, that the liable person is required to take by   29
             the order or that are otherwise necessary to remedy that failure.                         30
       (2)   The Secretary may charge the liable person a fee for action taken under this section.     31
       (3)   The fee is to be no more than is reasonable to cover the costs and expenses incurred      32
             in connection with the action.                                                            33
       (4)   Costs and expenses incurred include costs and expenses incurred by or on behalf of        34
             any government agency.                                                                    35
       (5)   The fee is:                                                                               36
             (a) a recoverable amount that is payable to the Secretary, and                            37
             (b) recoverable from the liable person.                                                   38
             Note. See Part 20, which provides for the recovery of recoverable amounts.                39
       (6)   The Secretary must give an occupier of premises used for residential purposes             40
             written notice of an intention to enter any part of the premises used only for            41
             residential purposes under this section.                                                  42




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       (7)   The notice must specify the day on which the premises are intended to be entered and     1
             must be given before that day.                                                           2
       (8)   Notice is not required to be given if:                                                   3
             (a) entry is made with the consent of the occupier of the premises, or                   4
             (b) entry is made under the authority of a search warrant.                               5
       (9)   This section does not prevent the taking of proceedings for an offence of                6
             contravening an emergency order.                                                         7

Division 5          General                                                                           8

60    Amendment or revocation of emergency order                                                      9
       (1)   The Secretary may, by order in writing, amend or revoke an emergency order.              10
       (2)   An amendment to an emergency order may make provision for any matter for which           11
             an emergency order may make provision.                                                   12
       (3)   An amendment to, or revocation of, an emergency order takes effect, and is to be         13
             notified, in the same way as an emergency order.                                         14

61    Protection of emergency actions                                                                 15
       (1)   A court or tribunal must not issue an interim injunction, make any other interim order   16
             or give any other interim relief having the effect of preventing, restricting or         17
             deferring any emergency order or anything authorised or required to be done              18
             pursuant to an emergency order during the period in which the order has effect.          19

       (2)   This section does not prevent a court from making a permanent injunction or other        20
             final order in any proceedings at any time.                                              21




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Part 6       Control orders                                                                             1

Division 1          Control orders                                                                      2

62    Control order                                                                                     3
       (1)   The Secretary may, by order in writing (a control order):                                  4
             (a) establish one or more control zones, and                                               5
             (b) establish measures, in connection with a control zone, to prevent, eliminate,          6
                   minimise or manage a biosecurity risk or biosecurity impact.                         7
       (2)   The Secretary may make a control order if the Secretary reasonably believes that the        8
             order is necessary to prevent, eliminate, minimise or manage a biosecurity risk or          9
             biosecurity impact.                                                                        10
       (3)   The principal object of a control order is to prevent the introduction of, or eradicate,   11
             biosecurity matter that poses or is likely to pose a biosecurity risk.                     12
       (4)   A control order may also serve as a measure for the management of a biosecurity risk       13
             or biosecurity impact. In that case, an additional or alternative object of the control    14
             order is to provide for the management of a biosecurity risk or biosecurity impact.        15
       (5)   Subsections (3) and (4) do not limit the matters that may be provided for by a control     16
             order.                                                                                     17

63    Content of control order                                                                          18
             A control order is to specify the following:                                               19
             (a) the biosecurity matter, biosecurity risk or biosecurity impact to which the            20
                   control order relates,                                                               21
             (b) the control zone or zones,                                                             22
             (c) the control measures,                                                                  23
             (d) the persons or class of persons to whom the control measures apply,                    24
             (e) the duration of the control order.                                                     25

64    Notice of control order                                                                           26
       (1)   The Secretary is to give notice of a control order by causing a copy of the order to be    27
             published on the website of the Department or in the Gazette (or both).                    28
       (2)   The Secretary is to take reasonable steps to ensure that persons who are likely to be      29
             directly affected by the order are made aware of the order.                                30

65    Notice of property specific order                                                                 31
       (1)   The Secretary may, if the Secretary considers it appropriate in the circumstances,         32
             give notice of a control order that is property specific by causing a copy of the order    33
             to be served on the owner, occupier or person apparently in charge of the affected         34
             property (instead of by publishing the order on the website of the Department or in        35
             the Gazette).                                                                              36

       (2)   A control order is property specific if it relates to specified premises, specified        37
             biosecurity matter or any other specified thing (each of which is affected property).      38

66    Duration of control order                                                                         39
       (1)   A control order has effect for the period specified by the Secretary in the order, not     40
             exceeding 5 years from the date the order is made.                                         41




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       (2)   The Secretary may, by making an order that amends a control order, extend the               1
             period during which a control order has effect for a further period (not exceeding          2
             5 years).                                                                                   3
       (3)   The period during which a control order has effect may be extended any number of            4
             times.                                                                                      5

Division 2          Matters for which control order may provide                                          6

67    Control zone                                                                                       7
       (1)   A control zone is the principal area or areas in relation to which, in the opinion of the   8
             Secretary, measures are required to be implemented under the control order.                 9
       (2)   A control zone may be:                                                                      10
             (a) any specified premises or specified part of premises, or                                11
             (b) any specified area, or                                                                  12
             (c) the whole or any specified part of the State.                                           13
       (3)   A control order may provide for more than one control zone and for different classes        14
             of control zone.                                                                            15

68    Control measures                                                                                   16
       (1)   The control measures are the measures that the Secretary establishes under a control        17
             order to prevent, eliminate, minimise or manage the biosecurity risk or biosecurity         18
             impact to which the order relates.                                                          19
       (2)   The Secretary may specify, as control measures under a control order, any measures          20
             that the Secretary decides are reasonably necessary to prevent, eliminate, minimise         21
             or manage the biosecurity risk or biosecurity impact to which the order relates.            22

       (3)   The control measures are to be no more onerous than the Secretary considers                 23
             necessary having regard to the nature of the biosecurity risk or biosecurity impact to      24
             which the order relates.                                                                    25

       (4)   In deciding on the control measures, the Secretary is to have regard to the principal       26
             objects of a control order and any other matters the Secretary considers relevant.          27

       (5)   The control measures may apply:                                                             28
             (a) within a control zone, and                                                              29
             (b) outside a control zone, but only if the Secretary considers that reasonably             30
                   necessary having regard to the nature of the biosecurity risk or biosecurity          31
                   impact.                                                                               32
       (6)   The control measures may:                                                                   33
             (a) prohibit, regulate or control the doing of any thing, or                                34
             (b) require or authorise the doing of any thing.                                            35
       (7)   A power to require the doing of a thing includes a power to require a person to             36
             arrange for that thing to be done.                                                          37

69    Examples of control measures                                                                       38
             Without limiting the powers conferred on the Secretary by this Part, control measures       39
             may include provisions that prohibit, regulate or control, or that require or authorise,    40
             any of the following:                                                                       41
             (a) activities that involve biosecurity matter, a carrier or a potential carrier,           42




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              (b)    the use of premises for an activity that involves biosecurity matter, a carrier or    1
                     a potential carrier,                                                                  2
              (c)    the movement of any biosecurity matter or other thing,                                3
              (d)    the isolation, confinement or detention of any biosecurity matter or other            4
                     thing,                                                                                5
              (e)    treatment measures to be carried out in relation to biosecurity matter, premises      6
                     or any other thing,                                                                   7
              (f)    the erection or repair of fencing, gates or any other method of enclosure, or the      8
                     taking of any other specified security or containment measures in relation to          9
                     any premises, biosecurity matter or other thing,                                      10
              (g)    the erection of signs,                                                                11
              (h)    the provision of samples of any biosecurity matter or other thing,                    12
               (i)   the testing of any biosecurity matter or other thing,                                 13
               (j)   the obtaining of a biosecurity certificate in relation to biosecurity matter or any   14
                     other thing,                                                                          15
              (k)    the installation or use of a device at any premises, for the purpose of detecting     16
                     or monitoring the presence of any biosecurity matter or other thing or                17
                     capturing any biosecurity matter or other thing,                                      18
              (l)    the destruction, disposal or eradication of any thing (including by specifying        19
                     the manner of destruction, disposal or eradication),                                  20
             (m)     any other matters expressly authorised by the regulations.                            21

Division 3           Limitations that apply to control order                                               22

70    Detention or treatment of persons                                                                    23
       (1)   A control order cannot:                                                                       24
             (a) prohibit, regulate or control the movement of a person, or                                25
             (b) require any treatment measure to be carried out on a person.                              26
       (2)   A control order cannot require a person to provide samples of the person's blood,             27
             hair, saliva or any other body part or body fluid.                                            28
       (3)   Subsection (1) (a) does not prevent a control measure being imposed in relation to            29
             any biosecurity matter, premises, area, activity or thing that has an impact on the           30
             movement of a person but is not imposed for the purpose of restricting the movement           31
             of a person.                                                                                  32
             Note. For example, a control measure cannot prohibit a person from leaving premises but       33
             could prohibit a person from taking a particular animal out of premises. This measure may     34
             have an impact on the movement of a person but is not imposed for that purpose.               35

71    Destruction requirements                                                                             36
       (1)   A control order cannot require or authorise the destruction of a thing unless:                37
             (a) the thing is, or is reasonably suspected of being, prohibited matter, or                  38
             (b) the thing is a carrier of, or reasonably suspected of being a carrier of,                 39
                   prohibited matter, or                                                                   40
             (c) the thing is a pest to which the control order relates, or                                41
             (d) the thing is, or is reasonably suspected of being, infected or infested with, or          42
                   harbouring, the biosecurity matter to which the control order relates and there         43
                   are no other reasonably practicable treatment measures that could eliminate or          44
                   minimise the biosecurity risk posed by the biosecurity matter, or                       45



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              (e)   the thing is, or is reasonably suspected of being:                                 1
                     (i) abandoned, and                                                                2
                    (ii) biosecurity matter to which the control order relates or a carrier of         3
                           biosecurity matter to which the control order relates.                      4
       (2)   In this section:                                                                          5
             reasonably practicable means reasonably practicable in the opinion of the Secretary       6
             or an authorised officer.                                                                 7
             reasonably suspected means reasonably suspected by the Secretary or an authorised         8
             officer.                                                                                  9

72    Interaction of powers with restrictions imposed by other Acts                                    10
       (1)   The Secretary must not, in a control order, require the destruction of any living thing   11
             that is protected fauna or a protected native plant within the meaning of the National    12
             Parks and Wildlife Act 1974, except after consultation with the head of the               13
             government agency responsible for the administration of that Act.                         14

       (2)   The Secretary must not, in a control order, require the destruction of any living thing   15
             that is a threatened species within the meaning of the Threatened Species                 16
             Conservation Act 1995, except after consultation with the head of the government          17
             agency responsible for the administration of that Act.                                    18

       (3)   The Secretary must not, in a control order, require the clearing of any native            19
             vegetation within the meaning of the Native Vegetation Act 2003, except after             20
             consultation with the head of the government agency responsible for the                   21
             administration of that Act.                                                               22

       (4)   The Secretary must not, in a control order, require harm (within the meaning of the       23
             Heritage Act 1977) to any building, work, relic, moveable object or place the subject     24
             of an interim heritage order or listing on the State Heritage Register under that Act,    25
             except after consultation with the head of the government agency responsible for the      26
             administration of that Act.                                                               27

       (5)   A failure to comply with this section does not affect the validity of a control order.    28

Division 4          Effect of control order                                                            29

73    Offence of contravening control order                                                            30
       (1)   A person who contravenes a control order is guilty of an offence.                         31
       (2)   An offence against this section is a category 2 offence.                                  32
       (3)   An offence against this section is an executive liability offence.                        33
       (4)   A person who is guilty of an offence against this section because the person              34
             contravenes a requirement of a control order:                                             35
             (a) continues, until the requirement is complied with and despite the fact that any       36
                   specified period or time for compliance has expired or passed, to be liable to      37
                   comply with the requirement, and                                                    38
             (b) is guilty of a continuing offence for each day the contravention continues.           39
       (5)   Subsection (4) does not apply to the extent that a requirement of a control order is      40
             revoked.                                                                                  41
       (6)   A person does not commit an offence against this section of contravening a control        42
             order unless:                                                                             43
             (a) the order was published on the website of the Department or in the Gazette, or        44




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              (b)   the person was served with a copy of the order.                                    1

74    Secretary may authorise required actions and recover costs                                       2
       (1)   If a person (the liable person) fails to comply with a control order, the Secretary may   3
             authorise any person to enter premises and take any actions in relation to those          4
             premises or any thing on those premises that the liable person is required to take by     5
             the order or that are otherwise necessary to remedy that failure.                         6
       (2)   The Secretary may charge the liable person a fee for action taken under this section.     7
       (3)   The fee is to be no more than is reasonable to cover the costs and expenses incurred      8
             in connection with the action.                                                            9
       (4)   Costs and expenses incurred include costs and expenses incurred by or on behalf of        10
             any government agency.                                                                    11
       (5)   The fee is:                                                                               12
             (a) a recoverable amount that is payable to the Secretary, and                            13
             (b) recoverable from the liable person.                                                   14
             Note. See Part 20, which provides for the recovery of recoverable amounts.                15
       (6)   The Secretary must give an occupier of premises used for residential purposes             16
             written notice of an intention to enter any part of the premises used only for            17
             residential purposes under this section.                                                  18
       (7)   The notice must specify the day on which the premises are intended to be entered and      19
             must be given before that day.                                                            20
       (8)   Notice is not required to be given if:                                                    21
             (a) entry is made with the consent of the occupier of the premises, or                    22
             (b) entry is made under the authority of a search warrant.                                23
       (9)   This section does not prevent the taking of proceedings for an offence of                 24
             contravening a control order.                                                             25

Division 5          General                                                                            26

75    Amendment or revocation of control order                                                         27
       (1)   The Secretary may, by order in writing, amend or revoke a control order.                  28
       (2)   An amendment to a control order may make provision for any matter for which a             29
             control order may make provision.                                                         30
       (3)   An amendment to, or revocation of, a control order takes effect, and is to be notified,   31
             in the same way as a control order.                                                       32




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Part 7 Biosecurity zones



Part 7       Biosecurity zones                                                                        1

Division 1          Biosecurity zones                                                                 2

76    Biosecurity zones                                                                               3
       (1)   The regulations may establish one or more biosecurity zones for the purpose of           4
             preventing, eliminating, minimising or managing a biosecurity risk or biosecurity        5
             impact.                                                                                  6
       (2)   The principal object of a biosecurity zone regulation is to provide for the long term    7
             management of a biosecurity risk or biosecurity impact.                                  8
       (3)   Subsection (2) does not limit the matters that may be provided for by the regulations.   9

77    Matters to be specified                                                                         10
             A biosecurity zone regulation is to specify the following:                               11
             (a) the biosecurity matter, biosecurity risk or biosecurity impact in relation to        12
                   which the biosecurity zone is established,                                         13
             (b) the biosecurity zone or zones,                                                       14
             (c) the regulatory measures,                                                             15
             (d) the persons or class of persons to whom those measures apply.                        16

Division 2          Matters for which regulations may provide                                         17

78    Biosecurity zone                                                                                18
       (1)   A biosecurity zone may be:                                                               19
             (a) any specified premises or specified part of premises, or                             20
             (b) any specified area, or                                                               21
             (c) the whole or any specified part of the State.                                        22
       (2)   The regulations may provide for more than one biosecurity zone and for different         23
             classes of biosecurity zone.                                                             24

79    Regulatory measures                                                                             25
       (1)   The regulatory measures are the measures to be implemented for the purpose of            26
             preventing, eliminating, minimising or managing a biosecurity risk or biosecurity        27
             impact.                                                                                  28
       (2)   The regulatory measures may apply within or outside a biosecurity zone.                  29
       (3)   The regulatory measures may:                                                             30
             (a) prohibit, regulate or control the doing of any thing, or                             31
             (b) require or authorise the doing of any thing.                                         32
       (4)   A power to require the doing of a thing includes a power to require a person to          33
             arrange for that thing to be done.                                                       34

80    Examples of regulatory measures                                                                 35
             Without limiting the power to make regulations conferred by this Part, the regulatory    36
             measures may include provisions that prohibit, regulate or control, or that require or   37
             authorise, any of the following:                                                         38
             (a) activities that involve biosecurity matter, a carrier or a potential carrier,        39




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              (b)    the use of premises for an activity that involves biosecurity matter, a carrier or       1
                     a potential carrier,                                                                     2
              (c)    the movement of any biosecurity matter or other thing,                                   3
              (d)    the isolation, confinement or detention of any biosecurity matter or other               4
                     thing,                                                                                   5
              (e)    the treatment measures to be carried out in relation to any biosecurity matter,          6
                     premises or other thing,                                                                 7
              (f)    the erection or repair of fencing, gates or any other method of enclosure, or the         8
                     taking of any other specified security or containment measures in relation to             9
                     any premises, biosecurity matter or other thing,                                         10
              (g)    the erection of signs,                                                                   11
              (h)    the provision of samples of any biosecurity matter or other thing,                       12
               (i)   the testing of any biosecurity matter or other thing,                                    13
               (j)   the obtaining of a biosecurity certificate in relation to any biosecurity matter         14
                     or other thing,                                                                          15
              (k)    the installation or use of a device at any premises, for the purpose of detecting        16
                     or monitoring the presence of any biosecurity matter or other thing or                   17
                     capturing any biosecurity matter or other thing,                                         18
              (l)    the destruction, disposal or eradication of any thing (including by specifying           19
                     the manner of destruction, disposal or eradication).                                     20

Division 3           Limitations on regulation-making power                                                   21

81    Detention or treatment of persons                                                                       22
       (1)   A biosecurity zone regulation cannot:                                                            23
             (a) prohibit, regulate or control the movement of a person, or                                   24
             (b) require treatment measures to be carried out on any person.                                  25
       (2)   A biosecurity zone regulation cannot require a person to provide samples of the                  26
             person's blood, hair, saliva or any other body part or body fluid.                               27
       (3)   Subsection (1) (a) does not prevent a biosecurity zone regulation being imposed in               28
             relation to any biosecurity matter, premises, area, activity or thing that has an impact         29
             on the movement of a person but is not imposed for the purpose of restricting the                30
             movement of a person.                                                                            31
             Note. For example, a regulatory measure cannot prohibit a person from leaving premises but       32
             could prohibit a person from taking a particular animal or plant out of premises. This measure   33
             may have an impact on the movement of a person, but is not imposed for that purpose.             34

82    Destruction requirements                                                                                35
       (1)   A biosecurity zone regulation cannot require or authorise the destruction of a thing             36
             unless:                                                                                          37
             (a) the thing is, or is reasonably suspected of being, prohibited matter, or                     38
             (b) the thing is a carrier of, or reasonably suspected of being a carrier of,                    39
                   prohibited matter, or                                                                      40
             (c) the thing is a pest to which the biosecurity zone relates, or                                41
             (d) the thing is, or is reasonably suspected of being, infected or infested with, or             42
                   of harbouring, the biosecurity matter to which the regulations relate and there            43
                   are no other reasonably practicable treatment measures that could eliminate or             44
                   minimise the biosecurity risk posed by the biosecurity matter, or                          45




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              (e)   the thing is, or is reasonably suspected of being:                                  1
                     (i) abandoned, and                                                                 2
                    (ii) biosecurity matter to which the regulations relate or a carrier of             3
                           biosecurity matter to which the regulations relate.                          4
       (2)   In this section:                                                                           5
             reasonably practicable means reasonably practicable in the opinion of the Secretary        6
             or an authorised officer.                                                                  7
             reasonably suspected means reasonably suspected by the Secretary or an authorised          8
             officer.                                                                                   9

83    Consultation requirements                                                                         10
       (1)   The Minister is not to recommend to the Governor the making of a biosecurity zone          11
             regulation that would authorise or require the destruction of any living thing that is     12
             protected fauna or a protected native plant within the meaning of the National Parks       13
             and Wildlife Act 1974 unless the Minister has certified that he or she consulted with      14
             the Minister administering that Act before recommending the making of the                  15
             regulation.                                                                                16
       (2)   The Minister is not to recommend to the Governor the making of a biosecurity zone          17
             regulation that would authorise or require the destruction of any living thing that is a   18
             threatened species within the meaning of the Threatened Species Conservation Act           19
             1995 unless the Minister has certified that he or she consulted with the Minister          20
             administering that Act before recommending the making of the regulation.                   21

       (3)   The Minister is not to recommend to the Governor the making of a biosecurity zone          22
             regulation that would authorise or require the clearing of any native vegetation within    23
             the meaning of the Native Vegetation Act 2003 unless the Minister has certified that       24
             he or she consulted with the Minister administering that Act before recommending           25
             the making of the regulation.                                                              26

       (4)   The Minister is not to recommend to the Governor the making of a biosecurity zone          27
             regulation that would authorise or require harm (within the meaning of the Heritage        28
             Act 1977) to any building, work, relic, moveable object or place the subject of an         29
             interim heritage order or listing on the State Heritage Register under that Act unless     30
             the Minister has certified that he or she consulted with the Minister administering        31
             that Act before recommending the making of the regulation.                                 32

       (5)   A failure to comply with this section does not affect the validity of any regulation.      33

Division 4          Effect of biosecurity zone                                                          34

84    Offence of contravening biosecurity zone regulation                                               35
       (1)   A person who contravenes any biosecurity zone regulation is guilty of an offence.          36
       (2)   An offence against this section is a category 2 offence.                                   37
       (3)   An offence against this section is an executive liability offence.                         38
       (4)   A person who is guilty of an offence against this section because the person               39
             contravenes a requirement of a biosecurity zone regulation:                                40
             (a) continues, until the requirement is complied with and despite the fact that any        41
                   specified period or time for compliance has expired or passed, to be liable to       42
                   comply with the requirement, and                                                     43
             (b) is guilty of a continuing offence for each day the contravention continues.            44
       (5)   Subsection (4) does not apply to the extent that a requirement of a biosecurity zone       45
             regulation is repealed.                                                                    46


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85    Secretary may authorise required actions and recover costs                                       1
       (1)   If a person (the liable person) fails to comply with a biosecurity zone regulation, the   2
             Secretary may authorise any person to enter premises and take any actions in relation     3
             to those premises or any thing on those premises that the liable person is required to    4
             take by the regulation or that are otherwise necessary to remedy that failure.            5
       (2)   The Secretary may charge the liable person a fee for action taken under this section.     6
       (3)   The fee is to be no more than is reasonable to cover the costs and expenses incurred      7
             in connection with the action.                                                            8
       (4)   Costs and expenses incurred include costs and expenses incurred by or on behalf of         9
             any government agency.                                                                    10
       (5)   The fee is:                                                                               11
             (a) a recoverable amount that is payable to the Secretary, and                            12
             (b) recoverable from the liable person.                                                   13
             Note. See Part 20, which provides for the recovery of recoverable amounts.                14
       (6)   The Secretary must give an occupier of premises used for residential purposes             15
             written notice of an intention to enter any part of the premises used only for            16
             residential purposes under this section.                                                  17
       (7)   The notice must specify the day on which the premises are intended to be entered and      18
             must be given before that day.                                                            19
       (8)   Notice is not required to be given if:                                                    20
             (a) entry is made with the consent of the occupier of the premises, or                    21
             (b) entry is made under the authority of a search warrant.                                22
       (9)   This section does not prevent the taking of proceedings for an offence of                 23
             contravening a biosecurity zone regulation.                                               24




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Part 8 Powers of authorised officers



Part 8       Powers of authorised officers                                                                 1

Division 1          Preliminary                                                                            2

86    Purposes for which functions under Part may be exercised                                             3
       (1)   An authorised officer may exercise the functions conferred by this Part for any of the        4
             following purposes:                                                                           5
              (a) for the purpose of investigating, monitoring and enforcing compliance with               6
                   the requirements imposed by or under this Act,                                          7
             (b) for the purpose of obtaining information or records for purposes connected                8
                   with the administration of this Act,                                                    9
              (c) if the authorised officer is a biosecurity auditor, for the purpose of exercising        10
                   functions in connection with a biosecurity audit,                                       11
             (d) for the purpose of assisting a biosecurity auditor to exercise the biosecurity            12
                   auditor's functions in connection with a biosecurity audit,                             13
              (e) for the purpose of preventing, eliminating, minimising or managing                       14
                   biosecurity risks or suspected biosecurity risks,                                       15
              (f) for the purpose of preventing, managing or controlling a biosecurity impact,             16
             (g) for the purpose of enforcing, administering or executing this Act (including              17
                   any instrument made under this Act).                                                    18
       (2)   In this Part, a reference to an authorised purpose is a reference to any purpose              19
             referred to in subsection (1).                                                                20

87    Exercise of functions under other legislation                                                        21
       (1)   The functions conferred by this Part may also be exercised in connection with the             22
             following legislation:                                                                        23
              (a) the Stock Medicines Act 1989 and the regulations under that Act,                         24
             (b) any previous legislation, in respect of offences under the previous legislation           25
                   that are alleged to have been committed before the enactment of this Act or in          26
                   respect of any other provisions of the previous legislation that continue to have       27
                   any force or effect after the enactment of this Act.                                    28
       (2)   Accordingly, a reference in this Part to this Act or the regulations includes a reference     29
             to the Stock Medicines Act 1989, the regulations under the Stock Medicines Act 1989           30
             and the previous legislation.                                                                 31
       (3)   Nothing in this Part limits any function that an authorised officer has under a               32
             provision of the previous legislation that continues to have any force or effect after        33
             the enactment of this Act.                                                                    34
       (4)   In this section:                                                                              35
             previous legislation means:                                                                   36
              (a) an Act or regulation repealed by this Act, or                                            37
             (b) a provision of the Border Fence Maintenance Act 1921, the Fisheries                       38
                    Management Act 1994 or the Local Land Services Act 2013 that was repealed              39
                    or amended by this Act, or any regulations under any such provision.                   40
             Note. See Schedule 6 for a list of repealed Acts and Schedule 7 for transitional provisions   41
             relating to those repeals. Under Schedule 7, the repealed Acts continue to have effect in     42
             relation to some matters.                                                                     43




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88    References to functions exercisable "in the case of an emergency"                                  1
       (1)   A provision of this Part that enables an authorised officer to exercise a function in       2
             the case of an emergency enables the authorised officer to exercise that function if:       3
              (a) the authorised officer is required or authorised to exercise the function under        4
                   an emergency order, or                                                                5
             (b) the authorised officer otherwise reasonably believes it is necessary to exercise        6
                   the function because:                                                                 7
                    (i) a biosecurity emergency has occurred, is occurring or is imminent, or            8
                   (ii) the authorised officer reasonably suspects a biosecurity emergency has            9
                          occurred, is occurring or is imminent.                                         10
       (2)   A function under this Part is taken to have been exercised in the case of an                11
             emergency if it is exercised by an authorised officer in the circumstances referred to      12
             in subsection (1).                                                                          13
       (3)   The fact that this Part enables an authorised officer to exercise certain functions only    14
             in the case of an emergency does not prevent an authorised officer from exercising          15
             any other function conferred by this Part in the case of an emergency.                      16

Division 2          Information gathering powers                                                         17

89    Exercise in conjunction with other powers                                                          18
             A power conferred by this Division may be exercised whether or not a power of entry         19
             under Division 3 is being exercised.                                                        20

90    Powers of authorised officers to require information and records                                   21
       (1)   An authorised officer may, by notice in writing given to a person, require the person       22
             to furnish to the officer such information or records (or both) as he or she may require    23
             for an authorised purpose.                                                                  24
       (2)   A notice under this Division must specify the manner in which information or                25
             records are required to be furnished and a reasonable time by which the information         26
             or records are required to be furnished.                                                    27
       (3)   A notice under this Division may only require a person to furnish existing records          28
             that are in the person's possession or that are within the person's power to obtain         29
             lawfully.                                                                                   30
       (4)   The person to whom any record is furnished under this Division may take copies of it.       31
       (5)   If any record required to be furnished under this Division is in electronic, mechanical     32
             or other form, the notice requires the record to be furnished in written form, unless       33
             the notice otherwise provides.                                                              34

91    Power of authorised officers to require answers                                                    35
       (1)   An authorised officer may require a person whom the authorised officer suspects on          36
             reasonable grounds to have knowledge of matters in respect of which information is          37
             reasonably required for an authorised purpose to answer questions in relation to those      38
             matters.                                                                                    39

       (2)   An authorised officer may, by notice in writing, require a corporation to nominate, in      40
             writing within the time specified in the notice, a director or officer of the corporation   41
             to be the corporation's representative for the purpose of answering questions under         42
             this section.                                                                               43

       (3)   Answers given by a person nominated under subsection (2) bind the corporation.              44




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       (4)   An authorised officer may, by notice in writing, require a person to attend at a         1
             specified place and time to answer questions under this section if attendance at that    2
             place is reasonably required in order that the questions can be properly put and         3
             answered.                                                                                4
       (5)   The place and time at which a person may be required to attend under subsection (4)      5
             is to be:                                                                                6
              (a) a place and time nominated by the person, or                                        7
             (b) if the place and time nominated is not reasonable in the circumstances or a           8
                    place and time is not nominated by the person, a place and time nominated by       9
                    the authorised officer that is reasonable in the circumstances.                   10

92    Recording of evidence                                                                           11
       (1)   An authorised officer may cause any questions and answers to questions given under       12
             this Division to be recorded if the officer has informed the person who is to be         13
             questioned that the record is to be made.                                                14
       (2)   A record may be made using sound recording apparatus or audio visual apparatus, or       15
             any other method determined by the authorised officer.                                   16
       (3)   A copy of any such record must be provided by the authorised officer to the person       17
             who is questioned as soon as practicable after it is made.                               18
       (4)   A record may be made under this section despite the provisions of any other law.         19

93    Power of authorised officers to demand name and address                                         20
       (1)   An authorised officer may require a person whom the authorised officer suspects on       21
             reasonable grounds to have committed, or to be committing, an offence against this       22
             Act or the regulations to state the person's full name and residential address.          23
       (2)   An authorised officer may request a person who is required under this section to state   24
             the person's full name and residential address to provide proof of the name and          25
             address. It is not an offence to fail to comply with any such request.                   26

94    Requiring information in the case of an emergency                                               27
       (1)   A person is not excused from a requirement made by an authorised officer to furnish      28
             records or information or to answer a question on the ground that the record,            29
             information or answer might incriminate the person or make the person liable to a        30
             penalty if:                                                                              31
              (a) the authorised officer makes the requirement in the case of an emergency, and       32
             (b) the authorised officer warns the person that the authorised officer is making        33
                   the requirement in the case of an emergency.                                       34

       (2)   However, any information furnished (other than a record) or answer given by a            35
             natural person in compliance with a requirement under this Part is not admissible in     36
             evidence against the person in criminal proceedings (except proceedings for an           37
             obstruction offence) if:                                                                 38
             (a) the person objected at the time to doing so on the ground that it might              39
                   incriminate the person, or                                                         40
             (b) the person was not warned on that occasion that the person may object to             41
                   furnishing the information or giving the answer on the ground that it might        42
                   incriminate the person.                                                            43

       (3)   Any record furnished by a person in compliance with a requirement under this Part        44
             is not inadmissible in evidence against the person in criminal proceedings on the        45
             ground that the record might incriminate the person.                                     46



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       (4)   Further information obtained as a result of a record or information furnished or an      1
             answer given in compliance with a requirement under this Part is not inadmissible on     2
             the ground:                                                                              3
              (a) that the record or information had to be furnished or the answer had to be          4
                    given, or                                                                         5
             (b) that the record or information furnished or answer given might incriminate the       6
                    person.                                                                           7
       (5)   This section extends to a requirement to state a person's name and address.              8

Division 3          Entry to premises                                                                 9

95    Powers of authorised officers to enter premises                                                 10
       (1)   An authorised officer may enter any premises:                                            11
             (a) at any reasonable time, or                                                           12
             (b) in the case of an emergency, at any time.                                            13
       (2)   A power to enter premises conferred by this Act authorises entry by foot, vehicle,       14
             vessel or aircraft or by any other means.                                                15
       (3)   Entry may be effected under this Act with the use of reasonable force.                   16
       (4)   Entry to any premises may be effected with or without the authority of a search          17
             warrant.                                                                                 18

96    Entry into residential premises only with permission or warrant                                 19
             This Division does not empower an authorised officer to enter any part of premises       20
             used only for residential purposes without the permission of the occupier or the         21
             authority of a search warrant.                                                           22

97    Search warrants                                                                                 23
       (1)   An authorised officer under this Act may apply to an issuing officer for the issue of    24
             a search warrant if the authorised officer believes on reasonable grounds that:          25
             (a) a requirement imposed by or under this Act is being or has been contravened          26
                    at any premises, or                                                               27
             (b) there is, in or on any premises, matter or a thing that is connected with an         28
                    offence under this Act or the regulations.                                        29
       (2)   An issuing officer to whom such an application is made may, if satisfied that there      30
             are reasonable grounds for doing so, issue a search warrant authorising an authorised    31
             officer named in the warrant:                                                            32
             (a) to enter the premises, and                                                           33
             (b) to exercise any function of an authorised officer under this Part.                   34
       (3)   Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002       35
             applies to a search warrant issued under this section.                                   36
       (4)   In this section:                                                                         37
             issuing officer means an authorised officer within the meaning of the Law                38
             Enforcement (Powers and Responsibilities) Act 2002.                                      39

98    Power to require occupier to provide assistance                                                 40
             An authorised officer proposing to exercise a power of entry under this Division may,    41
             by notice in writing given to the owner or occupier of the premises, require the owner   42




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             or occupier to provide such reasonable assistance and facilities as are specified in the   1
             notice within a specified time and in a specified manner.                                  2

Division 4          Investigation and risk management powers                                            3

99    Powers that can be exercised on premises                                                          4
       (1)   An authorised officer may, at any premises lawfully entered, do anything that in the       5
             opinion of the authorised officer is necessary to be done for an authorised purpose,       6
             including (but not limited to) the things specified in subsection (2).                     7
       (2)   An authorised officer may do any or all of the following:                                  8
              (a) examine and inspect any thing,                                                        9
              (b) take and remove samples of a thing,                                                   10
              (c) make any examinations, inquiries or tests that the authorised officer considers       11
                   necessary,                                                                           12
              (d) carry out any treatment measures in relation to any biosecurity matter, carrier,      13
                   potential carrier, premises or other thing,                                          14
              (e) isolate, confine or detain any biosecurity matter or other thing,                     15
               (f) erect or repair fencing, gates or any other method of enclosure, or carry out any    16
                   other security or containment measures in relation to any premises, biosecurity      17
                   matter or other thing,                                                               18
              (g) erect signs,                                                                          19
              (h) move any biosecurity matter or other thing,                                           20
               (i) install or use a device for the purpose of detecting or monitoring the presence      21
                   of any biosecurity matter or other thing,                                            22
               (j) install devices for the purpose of capturing any biosecurity matter or other         23
                   thing,                                                                               24
              (k) take any photographs or other recordings that the authorised officer considers        25
                   necessary,                                                                           26
               (l) require records to be produced for inspection,                                       27
             (m) examine and inspect any records,                                                       28
              (n) copy any records,                                                                     29
              (o) seize any biosecurity matter or other thing if the authorised officer has             30
                   reasonable grounds for believing that seizure of the biosecurity matter or other     31
                   thing is necessary to prevent, eliminate or minimise a biosecurity risk posed        32
                   by or in relation to the biosecurity matter or thing,                                33
              (p) seize any thing that the authorised officer has reasonable grounds for believing      34
                   is connected with an offence against this Act or the regulations,                    35
              (q) move any seized thing from the place where it is seized or leave it at the place      36
                   where it is seized and take reasonable action to restrict access to the thing,       37
               (r) direct the occupier of the premises where a thing is seized to retain it at those    38
                   premises or at another place under the control of the occupier,                      39
              (s) destroy, dispose of or eradicate any thing,                                           40
               (t) do anything else authorised by or under this Act.                                    41
       (3)   The power to examine and inspect any thing includes a power to use reasonable force        42
             to break open or otherwise access a container or other thing being used, or suspected      43
             of being used, to hold or contain another thing.                                           44




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       (4)   The power to seize any thing connected with an offence includes a power to seize:             1
             (a) a thing with respect to which the offence has been committed, and                         2
             (b) a thing that will afford evidence of the commission of the offence, and                   3
             (c) a thing that was used for the purpose of committing the offence.                          4
       (5)   The power to do a thing under this section includes a power to arrange for that thing         5
             to be done.                                                                                   6
       (6)   A power to do something under this section in relation to a thing may be exercised            7
             without the consent of the owner of the thing.                                                8
       (7)   The power to destroy a thing is subject to the other provisions of this Part.                 9
             Note. See Division 6.                                                                         10
       (8)   In this section, a reference to an offence includes a reference to an offence that there      11
             are reasonable grounds for believing has been committed.                                      12

100   Requiring assistance                                                                                 13
       (1)   An authorised officer may require the owner or occupier of premises, or any person            14
             in or on premises (other than a public place), to provide any reasonable assistance           15
             that the authorised officer specifies for the purposes of exercising the authorised           16
             officer's functions under this Division in relation to those premises.                        17

       (2)   The requirement may be made in the form of a direction that is given orally to the            18
             person or by notice in writing served on the person.                                          19

       (3)   The direction may, for example, require the person:                                           20
             (a) to confine or move any animal under the care, custody or control of the person,           21
                   or                                                                                      22
             (b) to provide any facilities, including yards and crushes, that the authorised               23
                   officer requires to inspect, examine, treat or take samples from any biosecurity        24
                   matter, carrier, potential carrier or other thing, or                                   25
             (c) to restrain any animal.                                                                   26

101   Recovery of fee for action taken                                                                     27
       (1)   The Secretary may charge a person (the liable person) a fee for any action taken by           28
             an authorised officer under a power conferred by this Division if, in the opinion of          29
             the Secretary, it is reasonable to do so having regard to the following:                      30
              (a) any biosecurity duty of the liable person under this Act,                                31
             (b) any contravention or likely contravention by the liable person of a requirement           32
                   imposed by or under this Act.                                                           33

       (2)   The fee is to be no more than is reasonable to cover the costs and expenses incurred          34
             in connection with the action.                                                                35

       (3)   Costs and expenses incurred include costs and expenses incurred by or on behalf of            36
             any government agency.                                                                        37

       (4)   The fee is:                                                                                   38
             (a) a recoverable amount that is payable to the Secretary, and                                39
             (b) recoverable from the liable person.                                                       40
             Note. See Part 20, which provides for the recovery of recoverable amounts and also provides   41
             for appeals to the Land and Environment Court against the decision to charge a fee.           42




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Division 5          Functions in relation to seized things                                               1

102   Definitions                                                                                        2
       (1)   In this Division:                                                                           3
             owner of a thing includes a person entitled to possession of the thing.                     4
             responsible person for a seized thing means the apparent owner of the thing or the          5
             apparent occupier of premises at which the thing is seized.                                 6
             seized thing means a thing seized by an authorised officer under this Part.                 7
       (2)   For the purposes of the Division, the continued retention of a seized thing in custody      8
             is not justified if and only if:                                                            9
              (a) it is not or is no longer necessary to retain the thing to prevent, eliminate or       10
                    minimise a biosecurity risk posed by or in relation to the thing, and                11
             (b) it is not or is no longer necessary to retain the thing as evidence of an offence.      12

103   Receipt for seized things                                                                          13
       (1)   As soon as practicable after an authorised officer seizes a thing, the authorised officer   14
             must give a receipt for it to a responsible person.                                         15
       (2)   If it is not practicable to comply with subsection (1), the authorised officer may          16
             instead leave the receipt at the place of seizure in a conspicuous position and in a        17
             reasonably secure way.                                                                      18

       (3)   A receipt is not required if the thing is seized in a public place and the apparent owner   19
             of the thing cannot be located after reasonable inquiry.                                    20

       (4)   A receipt must describe generally the seized thing and its condition.                       21

       (5)   This section does not apply if it is impracticable or would be unreasonable to give a       22
             receipt given the nature, condition or value of a seized thing.                             23

104   Return of seized things                                                                            24
       (1)   An authorised officer must return a seized thing to its owner if the authorised officer     25
             is satisfied that:                                                                          26
              (a) it is lawful for the owner to have possession of the thing, and                        27
             (b) the continued retention of the thing in custody is not justified.                       28
       (2)   A requirement to return a seized thing to its owner includes a requirement to remove        29
             or lift any restrictions on an owner's access to a seized thing.                            30
       (3)   This section does not apply if an authorised officer certifies in writing that the          31
             authorised officer is unable to return the seized thing to its owner.                       32

105   Certification of inability to return seized thing                                                  33
       (1)   An authorised officer may certify in writing that the authorised officer is unable to       34
             return a seized thing to its owner if:                                                      35
              (a) the authorised officer cannot find the owner of the thing after making any             36
                    inquiries it is reasonable to make in the circumstances, or                          37
             (b) the authorised officer cannot, for any other reason, return the thing to its owner      38
                    after making any efforts to do so that are reasonable to make in the                 39
                    circumstances.                                                                       40
       (2)   Regard is to be had to a thing's nature, condition and value in deciding:                   41
             (a) whether it is reasonable to make inquiries or efforts, and                              42
             (b) what inquiries or efforts (if any) are reasonable in the circumstances.                 43


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       (3)   The Secretary may give directions as to the inquiries or efforts that are to be made by    1
             authorised officers in relation to the return of any seized thing or class of seized       2
             things.                                                                                    3
       (4)   Compliance with any such directions is evidence that all reasonable inquiries or           4
             efforts were made.                                                                         5

106   Court order requiring delivery of seized thing                                                    6
       (1)   A court may, on application by any person, make an order directing that a seized           7
             thing be delivered to the person.                                                          8
       (2)   A court may make such an order only if satisfied that:                                     9
             (a) the person is the owner of the seized thing, and                                       10
             (b) it is lawful for the person to have possession of the thing, and                       11
             (c) the continued retention of the seized thing in custody is not justified.               12
       (3)   In deciding an application the court may do any one or more of the following things:       13
              (a) make a finding or order as to the ownership of the thing,                             14
             (b) make a finding or order as to liability for, and payment of, costs and expenses        15
                   incurred in keeping a thing in custody,                                              16
              (c) make any necessary incidental or ancillary findings or orders.                        17
       (4)   The court to which an application under this section may be made is:                       18
             (a) the Local Court, if the estimated value of the thing does not exceed $100,000,         19
                   or                                                                                   20
             (b) the Land and Environment Court, if the estimated value of the thing exceeds            21
                   $100,000.                                                                            22
       (5)   Despite subsection (4), a court that is hearing proceedings for an offence may deal        23
             with an application relating to a seized thing connected with that offence regardless      24
             of the estimated value of the thing.                                                       25
       (6)   A court cannot make an order under this section in respect of a thing that has been        26
             seized by an authorised officer in the case of an emergency unless the Secretary has       27
             given notice of the Secretary's intention to declare the seized thing to be forfeited to   28
             the Secretary.                                                                             29
       (7)   A court cannot make an order under this section in respect of a seized thing that has      30
             been forfeited to the Secretary.                                                           31
       (8)   A requirement to deliver a seized thing to its owner includes a requirement to remove      32
             or lift any restrictions on an owner's access to a seized thing.                           33

107   Forfeiture of seized thing                                                                        34
       (1)   The Secretary may, by order in writing, declare any seized thing to be forfeited to the    35
             Secretary.                                                                                 36
       (2)   The Secretary may make such an order only if:                                              37
             (a) the Secretary is satisfied that the continued retention of the thing in custody is     38
                  not justified, and                                                                    39
             (b) the thing cannot be returned to its owner.                                             40
       (3)   A thing cannot be returned to its owner if:                                                41
             (a) the Secretary is satisfied that it is not lawful for the owner of the seized thing     42
                   to have possession of the thing, or                                                  43




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              (b)   an authorised officer certifies in writing that the authorised officer is unable to   1
                    return the seized thing to its owner.                                                 2
       (4)   The Secretary must give notice of the Secretary's intention to declare a seized thing        3
             to be forfeited to the Secretary.                                                            4
       (5)   The notice must be given at least 21 days before the order is made.                          5
       (6)   The Secretary gives notice by:                                                               6
             (a) publishing the notice on the Department's website, and                                   7
             (b) serving the notice on the apparent owner of the thing.                                   8
       (7)   However, it is not necessary to serve the notice on the apparent owner of the thing if        9
             an authorised officer has certified in writing that the authorised officer is unable to      10
             return the seized thing to its owner.                                                        11
             Note. Notice of the intention to make the declaration gives the owner of the thing an        12
             opportunity to seek a court order for the return of the thing.                               13

108   Dealing with forfeited things                                                                       14
       (1)   When an order is made by the Secretary declaring a seized thing to be forfeited to the       15
             Secretary, the seized thing is forfeited to the Secretary and becomes the property of        16
             the Secretary.                                                                               17

       (2)   The Secretary may deal with the thing in any way the Secretary considers                     18
             appropriate.                                                                                 19

       (3)   Without limiting subsection (2), the Secretary may destroy, sell or dispose of the           20
             thing or authorise its destruction, sale or disposal.                                        21

Division 6          Limitations on powers                                                                 22

109   Detention or treatment of persons                                                                   23
       (1)   An authorised officer cannot do any of the following except as expressly authorised          24
             by an emergency order or under Part 9:                                                       25
             (a) prohibit, regulate or control the movement of a person,                                  26
             (b) examine or inspect a person,                                                             27
             (c) require a person to undergo treatment measures or require treatment measures             28
                   to be carried out in relation to a person.                                             29
       (2)   An authorised officer cannot:                                                                30
             (a) require a person to submit to any testing, or                                            31
             (b) require a person to provide samples of the person's blood, hair, saliva or any           32
                   other body part or body fluid.                                                         33
       (3)   Subsection (1) (a) does not prevent an authorised officer from doing any thing in            34
             relation to any biosecurity matter, premises, area, activity or thing that has an impact     35
             on the movement of a person but is not done for the purpose of restricting the               36
             movement of a person.                                                                        37
             Note. For example, an authorised officer could erect a fence on premises so as to isolate    38
             particular animals or plants from other animals or plants. This may have an impact on the    39
             movement of a person but is not done for that purpose.                                       40

110   Destruction requirements                                                                            41
       (1)   An authorised officer may destroy a thing under this Part only if:                           42
             (a) the thing is, or is reasonably suspected of being, prohibited matter, or                 43
             (b) the thing is a pest, or                                                                  44



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              (c)   the thing is, or is reasonably suspected of being, infected or infested with, or    1
                    of harbouring, biosecurity matter that poses a biosecurity risk and there are no    2
                    other reasonably practicable treatment measures that could eliminate or             3
                    minimise the biosecurity risk posed by the biosecurity matter, or                   4
              (d)   the destruction is expressly authorised or required by an emergency order,          5
                    control order or biosecurity zone regulation.                                       6

       (2)   This section does not prevent an authorised officer from destroying a thing that has       7
             been forfeited to the Secretary.                                                           8
       (3)   In this section:                                                                           9
             reasonably practicable means reasonably practicable in the opinion of the authorised       10
             officer.                                                                                   11
             reasonably suspected means reasonably suspected by the authorised officer.                 12

111   Persons directly affected by destruction to be advised of proposed destruction                    13
       (1)   An authorised officer must not destroy any thing in the exercise of a function under       14
             this Part unless:                                                                          15
              (a) before taking that action, the authorised officer gives notice in writing of the      16
                    proposed destruction to the owner or person in charge of the thing, or              17
             (b) the authorised officer is satisfied that the owner or person in charge of the thing    18
                    has already been given notice in writing of the proposed destruction.               19
       (2)   Notice must be given at least one day before the function is exercised.                    20
       (3)   A requirement to give notice does not apply to the destruction of a thing if:              21
             (a) there appears to be no one immediately in control of it, and the owner or person       22
                   in charge cannot, after such search and inquiry as is reasonable in the              23
                   circumstances, be located, and                                                       24
             (b) the authorised officer considers that, in the circumstances, the function must         25
                   be exercised without prior notice to the owner or person in charge.                  26
       (4)   This section does not apply to the destruction of a thing that has been forfeited to the   27
             Secretary.                                                                                 28

112   Interaction of powers with restrictions imposed by other Acts                                     29
       (1)   An authorised officer must not, under this Part:                                           30
             (a) destroy any living thing that is protected fauna or a protected native plant           31
                   within the meaning of the National Parks and Wildlife Act 1974, or                   32
             (b) destroy any living thing that is a threatened species within the meaning of the        33
                   Threatened Species Conservation Act 1995, or                                         34
             (c) clear any native vegetation within the meaning of the Native Vegetation Act            35
                   2003, or                                                                             36
             (d) harm (within the meaning of the Heritage Act 1977) any building, work, relic,          37
                   moveable object or place the subject of an interim heritage order or listing on      38
                   the State Heritage Register under that Act.                                          39
       (2)   This section does not limit the power of an authorised officer to do a thing where that    40
             action is expressly authorised or required by an emergency order, a control order or       41
             a biosecurity zone regulation.                                                             42




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Division 7          General                                                                            1

113   Offence of failing to comply with requirement made by authorised officer                         2
       (1)   A person who contravenes a requirement made of the person by an authorised officer        3
             exercising a power conferred by this Part is guilty of an offence.                        4
       (2)   An offence against this section is a category 2 offence.                                  5
       (3)   A person is not guilty of an offence of failing to comply with a requirement to furnish   6
             records or information or to answer a question unless the person was warned on that       7
             occasion that a failure to comply is an offence.                                          8
       (4)   A person who is guilty of an offence against this section because the person               9
             contravenes a requirement made by an authorised officer to do or refrain from doing       10
             something:                                                                                11
             (a) continues, until the requirement is complied with and despite the fact that any       12
                   specified period or time for compliance has expired or passed, to be liable to      13
                   comply with the requirement, and                                                    14
             (b) is guilty of a continuing offence for each day the contravention continues.           15
       (5)   Subsection (4) does not apply to the extent that a requirement of an authorised officer   16
             is revoked.                                                                               17

114   Defence to contravention                                                                         18
       (1)   In proceedings in which a person is charged with an offence of contravening a             19
             requirement made of the person by an authorised officer exercising a function             20
             conferred by this Part, it is a defence to the prosecution of the offence if the person   21
             charged proves that the person had a reasonable excuse for the contravention              22
             concerned.                                                                                23

       (2)   Subsection (1) does not apply to a requirement made under Division 2.                     24
       (3)   A requirement made under Division 2 does not affect the privilege against                 25
             self-incrimination as it applies to a natural person, except where the authorised         26
             officer makes the requirement in the case of an emergency.                                27
             Note. See section 94.                                                                     28

115   Care to be taken                                                                                 29
             In the exercise of a power of entering or searching premises under this Part, or doing    30
             anything else on premises under this Act, an authorised officer must do as little         31
             damage as possible.                                                                       32

116   Compensation                                                                                     33
       (1)   The Secretary must compensate all interested parties for damage caused by an              34
             authorised officer in exercising a power to enter premises, or a power to break open      35
             or otherwise access a thing for the purposes of examination or inspection, but not any    36
             damage caused by the exercise of any other power.                                         37
       (2)   Subsection (1) does not apply if the occupier obstructed or hindered the authorised       38
             officer in the exercise of the power concerned.                                           39

117   Revocation or variation of notices                                                               40
       (1)   A notice given under this Part may be revoked or varied by a subsequent notice or         41
             notices.                                                                                  42




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       (2)   Without limiting the above, a notice may be varied by extending the time for       1
             complying with the notice.                                                         2
       (3)   A notice may be revoked or varied by the Secretary or by any authorised officer.   3




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Part 9        Biosecurity directions                                                                     1

Division 1           Preliminary                                                                         2

118    Exercise in conjunction with other powers                                                         3
              A power conferred by this Part to give a biosecurity direction may be exercised            4
              whether or not a power of entry under Part 8 is being exercised.                           5

119    References to functions exercisable "in the case of an emergency"                                 6
       (1)    A provision of this Part that enables an authorised officer to exercise a function in      7
              the case of an emergency enables the authorised officer to exercise that function if:      8
               (a) the authorised officer is required or authorised to exercise the function under        9
                    an emergency order, or                                                               10
              (b) the authorised officer otherwise reasonably believes it is necessary to exercise       11
                    the function because:                                                                12
                     (i) a biosecurity emergency has occurred, is occurring or is imminent, or           13
                    (ii) the authorised officer reasonably suspects a biosecurity emergency has          14
                           occurred, is occurring or is imminent.                                        15
       (2)    A function under this Part is taken to have been exercised in the case of an               16
              emergency if it is exercised by an authorised officer in the circumstances referred to     17
              in subsection (1).                                                                         18

       (3)    The fact that this Part enables an authorised officer to exercise certain functions only   19
              in the case of an emergency does not prevent an authorised officer from exercising         20
              any other function conferred by this Part in the case of an emergency.                     21

Division 2           Biosecurity directions                                                              22

120    Power to issue biosecurity direction                                                              23
       (1)    An authorised officer may give a direction as authorised by this Part.                     24
       (2)    A direction under this Part is a biosecurity direction.                                    25

121    Types of biosecurity direction                                                                    26
       (1)    A biosecurity direction may be given as a general biosecurity direction or an              27
              individual biosecurity direction.                                                          28
       (2)    A general biosecurity direction is a direction that applies to the public generally or     29
              to a specified class of persons (such as persons who engage in a specified activity, or    30
              who frequent particular premises).                                                         31

       (3)    An individual biosecurity direction is a direction that applies to a particular person.    32

122    Revocation or variation of biosecurity direction                                                  33
       (1)    A biosecurity direction may be revoked or varied by a subsequent biosecurity               34
              direction or directions.                                                                   35
       (2)    Without limiting the above, a biosecurity direction may be varied by extending the         36
              time for complying with the direction.                                                     37
       (3)    A biosecurity direction may be revoked or varied by the Secretary or by any                38
              authorised officer.                                                                        39




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Division 3           General biosecurity directions                                                      1

123    General biosecurity direction                                                                     2
       (1)    An authorised officer may give a general biosecurity direction if the officer              3
              reasonably believes it is necessary to do so for any of the following purposes:            4
               (a) to prevent, eliminate or minimise a biosecurity risk,                                 5
              (b) to prevent, manage or control a biosecurity impact that has occurred, is               6
                    occurring or is likely to occur,                                                     7
               (c) to enforce, administer or execute this Act (including any instrument made             8
                    under this Act).                                                                     9
       (2)    The authorised officer may, in a general biosecurity direction, prohibit, regulate or      10
              control (absolutely or conditionally) the carrying out of any activity in connection       11
              with biosecurity matter, a carrier or a potential carrier.                                 12
       (3)    The authorised officer may also, in a general biosecurity direction, do any of the         13
              following, but only in the case of an emergency:                                           14
               (a) prohibit, regulate or control entry to or exit from any specified premises or         15
                    area,                                                                                16
              (b) prohibit, regulate or control the use of any road within or going into or out of       17
                    a specified area or premises (including by closing roads).                           18
              Note. See Division 5 for limitations on directions.                                        19

124    How general biosecurity direction is given                                                        20
       (1)    An authorised officer may give a general biosecurity direction by publishing notice        21
              of the direction on the website of the Department or in the Gazette (or both).             22
       (2)    An authorised officer may, in the case of an emergency, give a general biosecurity         23
              direction by displaying a copy of the direction in a prominent place in or adjacent to     24
              any premises to which, or in the vicinity of which, the direction applies.                 25
       (3)    If a general biosecurity direction is given in the manner referred to in subsection (2),   26
              notice of the direction is to be published on the website of the Department or in the      27
              Gazette (or both) as soon as practicable after it is made.                                 28
       (4)    If an authorised officer gives a general biosecurity direction in the case of an           29
              emergency, the direction is to include a warning that the direction is being given in      30
              the case of an emergency.                                                                  31
       (5)    A failure to comply with subsection (4) does not affect the validity of a biosecurity      32
              direction.                                                                                 33

Division 4           Individual biosecurity directions                                                   34

125    Individual biosecurity direction                                                                  35
       (1)    An authorised officer may give an individual biosecurity direction that prohibits,         36
              regulates or controls (absolutely or conditionally) the doing of anything by the person    37
              to whom the biosecurity direction is given if the authorised officer reasonably            38
              believes the direction is necessary for any of the following purposes:                     39
               (a) to prevent the person from contravening or continuing to contravene a                 40
                    requirement imposed by or under this Act,                                            41
              (b) to prevent, eliminate or minimise a biosecurity risk,                                  42
               (c) to prevent, manage or control a biosecurity impact that has occurred, is              43
                    occurring or is likely to occur,                                                     44




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              (d)    to enforce, administer or execute this Act (including an instrument made under     1
                     this Act).                                                                         2
       (2)    An authorised officer may also give an individual biosecurity direction that requires     3
              a person to do anything if the authorised officer reasonably believes the direction is    4
              necessary for any of the following purposes:                                              5
              (a) to ensure the person discharges a biosecurity duty of the person under this Act,      6
              (b) to ensure that the person remedies a contravention, suspected contravention or        7
                    likely contravention by the person of a requirement imposed by or under this        8
                    Act,                                                                                9
              (c) to prevent, eliminate, minimise or manage a biosecurity risk posed by a               10
                    dealing of the person, or suspected dealing of the person, with biosecurity         11
                    matter, a carrier or a potential carrier,                                           12
              (d) to enforce, administer or execute this Act (including an instrument made under        13
                    this Act).                                                                          14
              Note. See Division 5 for limitations on directions.                                       15

126    How individual biosecurity direction is given                                                    16
       (1)    An authorised officer may give an individual biosecurity direction by giving the          17
              direction to the person the subject of the direction orally (in person) or by notice in   18
              writing served on the person.                                                             19
       (2)    An authorised officer may, in the case of an emergency, give an individual                20
              biosecurity direction to an occupier of premises by displaying notice of the direction    21
              in a prominent place in or adjacent to the premises.                                      22
       (3)    Written confirmation of any individual biosecurity direction that is given orally or in   23
              the manner referred to in subsection (2) is to be served on the person the subject of     24
              the direction within 7 days after it is so given, unless the direction has already been   25
              complied with.                                                                            26

       (4)    If an authorised officer gives an individual biosecurity direction in the case of an      27
              emergency, the direction is to include a warning that the direction is being given in     28
              the case of an emergency.                                                                 29

       (5)    A failure to comply with subsection (4) does not affect the validity of a biosecurity     30
              direction.                                                                                31

127    Examples of individual biosecurity directions                                                    32
       (1)    Without limiting the generality of this Division, an individual biosecurity direction     33
              may include provisions that prohibit, regulate or control, or that require, any of the    34
              following:                                                                                35
               (a) the isolation, confinement or detention of any biosecurity matter or other           36
                    thing,                                                                              37
              (b) the erection or repair of fencing, gates or any other method of enclosure, or         38
                    other specified security or containment measures in relation to any premises,       39
                    biosecurity matter or other thing,                                                  40
               (c) the erection of signs,                                                               41
              (d) the movement of any biosecurity matter, carrier, potential carrier or other           42
                    thing,                                                                              43
               (e) treatment measures in relation to any biosecurity matter, carrier, potential         44
                    carrier, premises or other thing,                                                   45
               (f) the provision of samples of any biosecurity matter or other thing,                   46
              (g) the testing of any biosecurity matter or other thing,                                 47



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              (h)    the obtaining of a biosecurity certificate in relation to any biosecurity matter    1
                     or any other thing,                                                                 2
               (i)   the installation or use of a device for the purpose of detecting or monitoring      3
                     the presence of any biosecurity matter or other thing or capturing any              4
                     biosecurity matter or other thing,                                                  5
               (j)   the destruction, disposal or eradication of any thing,                              6
              (k)    any other matters expressly authorised by the regulations.                          7
       (2)    A power to require a person to do something includes a power to require a person to        8
              arrange for that thing to be done.                                                         9

128    Special emergency powers--inspection and treatment measures                                        10
       (1)    An authorised officer who gives an individual biosecurity direction in the case of an      11
              emergency may direct a person to do any of the following:                                  12
              (a) permit the authorised officer to inspect the person for biosecurity matter, a          13
                    carrier or potential carrier,                                                        14
              (b) permit the authorised officer to inspect any thing in the person's possession,         15
                    care, custody or control for biosecurity matter, a carrier or a potential carrier,   16
              (c) carry out or permit an external treatment measure to be carried out in relation        17
                    to that person,                                                                      18
              (d) carry out a treatment measure or permit a treatment measure to be carried out          19
                    in relation to any thing in the person's possession, care, custody or control.       20
       (2)    An authorised officer who gives an individual biosecurity direction in the case of an      21
              emergency may direct a person in control or apparently in control of a vehicle to do       22
              any of the following:                                                                      23
              (a) permit the vehicle to be inspected for biosecurity matter, a carrier or a potential    24
                    carrier,                                                                             25
              (b) carry out a treatment measure or permit a treatment measure to be carried out          26
                    in relation to the vehicle.                                                          27
       (3)    An authorised officer may direct a person to stop, or to stop a vehicle, for the purpose   28
              of exercising a power conferred by this section.                                           29
       (4)    This section does not limit the powers of an authorised officer under Part 8 with          30
              respect to any vehicle, or vehicle on premises, entered under a power conferred by         31
              that Part that is not occupied by a person at the time that the power is exercised.        32

129    Fee for individual biosecurity direction                                                          33
       (1)    An authorised officer who gives an individual biosecurity direction may charge the         34
              person to whom it is given a fee for preparing and giving the direction.                   35
       (2)    The fee charged is to be an amount provided for by, or calculated in accordance with,      36
              the regulations.                                                                           37
       (3)    The fee is, for the purposes of this Act:                                                  38
              (a) a recoverable amount that is payable to the Secretary, and                             39
              (b) recoverable from the person given the biosecurity direction.                           40
              Note. See Part 20, which provides for the recovery of recoverable amounts.                 41

130    Taking of required actions and recovery of costs                                                  42
       (1)    If a person (the liable person) fails to comply with an individual biosecurity             43
              direction, an authorised officer may enter or authorise any person to enter premises       44
              and take any actions in relation to those premises or any thing on those premises that     45



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              the liable person is required to take by the direction or that are otherwise necessary        1
              to remedy that failure.                                                                       2
       (2)    The Secretary may charge the liable person a fee for action taken under this section.         3
       (3)    The fee is to be no more than is reasonable to cover the costs and expenses incurred          4
              in connection with the action.                                                                5
       (4)    Costs and expenses incurred include costs and expenses incurred by or on behalf of            6
              any government agency.                                                                        7
       (5)    The fee is:                                                                                   8
              (a) a recoverable amount that is payable to the Secretary, and                                9
              (b) recoverable from the liable person.                                                       10
              Note. See Part 20, which provides for the recovery of recoverable amounts.                    11
       (6)    An authorised officer must give an occupier of premises used for residential purposes         12
              written notice of an intention to enter any part of the premises used only for                13
              residential purposes under this section.                                                      14
       (7)    The notice must specify the day on which the premises are intended to be entered and          15
              must be given before that day.                                                                16
       (8)    Notice is not required to be given if:                                                        17
              (a) entry is made with the consent of the occupier of the premises, or                        18
              (b) entry is made under the authority of a search warrant.                                    19
       (9)    This section does not prevent the taking of proceedings for an offence of                     20
              contravening a biosecurity direction.                                                         21

Division 5           Limitations on powers                                                                  22

131    Detention or treatment of persons                                                                    23
       (1)    An authorised officer cannot do any of the following in a biosecurity direction,              24
              except as expressly authorised by this Act in the case of an emergency:                       25
              (a) prohibit, regulate or control the movement of a person,                                   26
              (b) require a person to undergo any treatment measures or require treatment                   27
                    measures to be carried out in relation to a person.                                     28
       (2)    An authorised officer cannot, in a biosecurity direction, require a person to provide         29
              samples of the person's blood, hair, saliva or any other body part or body fluid.             30
       (3)    Subsection (1) (a) does not prevent a biosecurity direction being imposed in relation         31
              to any biosecurity matter, premises, activity or thing that has an impact on the              32
              movement of a person but is not imposed for the purpose of restricting the movement           33
              of a person.                                                                                  34
              Note. For example, a biosecurity direction could prohibit a person from taking a particular   35
              animal or plant out of premises. This direction may have an impact on the movement of a       36
              person but is not imposed for that purpose.                                                   37

132    Inspection of persons                                                                                38
              A power conferred by this Part to require a person to submit to an inspection is a            39
              power to require a person to do any of the following:                                         40
              (a) to submit to a visual inspection (including of the exterior of the person's               41
                   clothing and shoes),                                                                     42
              (b) to shake, or otherwise move, the person's hair,                                           43
              (c) to make available for inspection any thing in the person's possession.                    44



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133    Destruction requirements                                                                         1
       (1)    An authorised officer may, under this Part, destroy or require the destruction of a       2
              thing only if:                                                                            3
               (a) the thing is, or is reasonably suspected of being, prohibited matter, or             4
              (b) the thing is a pest, or                                                               5
               (c) the thing is, or is reasonably suspected of being, infected or infested with, or     6
                     of harbouring, biosecurity matter that poses a biosecurity risk and there are no   7
                     other reasonably practicable treatment measures that could eliminate or            8
                     minimise the biosecurity risk posed by the biosecurity matter, or                  9
              (d) the destruction is expressly authorised or required by an emergency order,            10
                     control order or biosecurity zone regulation.                                      11
       (2)    In this section:                                                                          12
              reasonably practicable means reasonably practicable in the opinion of the authorised      13
              officer.                                                                                  14
              reasonably suspected means reasonably suspected by the authorised officer.                15

134    Interaction of powers with restrictions imposed by other Acts                                    16
       (1)    An authorised officer must not, under this Part:                                          17
              (a) destroy or require the destruction of any living thing that is protected fauna or     18
                    a protected native plant within the meaning of the National Parks and Wildlife      19
                    Act 1974, or                                                                        20
              (b) destroy or require the destruction of any living thing that is a threatened           21
                    species within the meaning of the Threatened Species Conservation Act 1995,         22
                    or                                                                                  23
              (c) clear or require the clearing of native vegetation within the meaning of the          24
                    Native Vegetation Act 2003, or                                                      25
              (d) harm (within the meaning of the Heritage Act 1977) or require the harming of          26
                    any building, work, relic, moveable object or place the subject of an interim       27
                    heritage order or listing on the State Heritage Register under that Act.            28
       (2)    This section does not limit the power of an authorised officer to do or require a thing   29
              to be done where that action is expressly authorised or required by an emergency          30
              order, a control order or a biosecurity zone regulation.                                  31

Division 6           General                                                                            32

135    Offence not to comply with biosecurity direction                                                 33
       (1)    A person who contravenes a biosecurity direction is guilty of an offence.                 34
       (2)    An offence against this section is a category 2 offence.                                  35
       (3)    An offence against this section is an executive liability offence.                        36
       (4)    A person who is guilty of an offence against this section because the person              37
              contravenes a requirement of a biosecurity direction to do or refrain from doing          38
              something:                                                                                39
              (a) continues, until the requirement is complied with and despite the fact that any       40
                    specified period or time for compliance has expired or passed, to be liable to      41
                    comply with the requirement, and                                                    42
              (b) is guilty of a continuing offence for each day the contravention continues.           43




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       (5)    Subsection (4) does not apply to the extent that a requirement of a biosecurity          1
              direction is revoked.                                                                    2

136    Defence of reasonable excuse                                                                    3
              In proceedings in which a person is charged with an offence of contravening a            4
              biosecurity direction, it is a defence to the prosecution of the offence if the person   5
              charged proves that the person had a reasonable excuse for the contravention             6
              concerned.                                                                               7

137    Appeal to Land and Environment Court                                                            8
       (1)    A person aggrieved by a decision of an authorised officer to give a biosecurity           9
              direction, or to amend a biosecurity direction, may appeal to the Land and               10
              Environment Court against the decision.                                                  11
       (2)    An appeal is to be made in accordance with the rules of court, but may not be made       12
              more than 28 days after the day on which written notice of the decision is served on     13
              the person.                                                                              14
       (3)    Subject to any order made by the Land and Environment Court, an appeal does not          15
              operate to stay the decision to which the appeal relates.                                16
       (4)    No appeal lies against any of the following decisions:                                   17
              (a) a decision to give a general biosecurity direction,                                  18
              (b) a decision to give an individual biosecurity direction that is given by an           19
                   authorised officer in the case of an emergency.                                     20

138    Prior notice of direction not required                                                          21
              An authorised officer is not required to notify any person who may be affected by a      22
              biosecurity direction before giving the direction.                                       23




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Part 10 Biosecurity undertakings



Part 10 Biosecurity undertakings                                                                       1

139   Authorised officer may accept undertakings                                                       2
       (1)   An authorised officer may accept a written undertaking (a biosecurity undertaking)        3
             given by a person if the person has contravened or the authorised officer suspects that   4
             the person has contravened or is likely to contravene a requirement imposed by or         5
             under this Act.                                                                           6
       (2)   An authorised officer may accept a biosecurity undertaking from a person instead of       7
             giving the person a biosecurity direction.                                                8
       (3)   The giving of an undertaking does not constitute an admission of guilt by the person       9
             giving it in relation to the contravention, suspected contravention or likely             10
             contravention to which the undertaking relates.                                           11

140   Contents of biosecurity undertaking                                                              12
       (1)   A biosecurity undertaking must specify:                                                   13
             (a) the contravention, suspected contravention or likely contravention to which           14
                   the biosecurity undertaking relates, and                                            15
             (b) the measures that the person has agreed to implement to remedy or prevent the         16
                   contravention, suspected contravention or likely contravention, and                 17
             (c) the period or periods by the end of which the measures must be implemented.           18

       (2)   A failure to comply with this section does not affect the validity of a biosecurity       19
             undertaking.                                                                              20

141   When biosecurity undertaking takes effect                                                        21
       (1)   A biosecurity undertaking takes effect and becomes enforceable when a written             22
             instrument evidencing the terms of the undertaking is executed by both the person         23
             giving the undertaking and the authorised officer who is accepting the undertaking.       24

       (2)   An authorised officer who executes a biosecurity undertaking is taken to enter into       25
             that biosecurity undertaking on behalf of the Secretary.                                  26

142   Contravention of biosecurity undertaking                                                         27
       (1)   A person who contravenes a biosecurity undertaking given by that person, and that         28
             is in effect, is guilty of an offence.                                                    29
       (2)   An offence against this section is a category 2 offence.                                  30
       (3)   An offence against this section is an executive liability offence.                        31
       (4)   A person who is guilty of an offence against this section because the person              32
             contravenes a requirement of a biosecurity undertaking to do or refrain from doing        33
             something:                                                                                34
             (a) continues, until the requirement is complied with and despite the fact that any       35
                   specified period or time for compliance has expired or passed, to be liable to      36
                   comply with the requirement, and                                                    37
             (b) is guilty of a continuing offence for each day the contravention continues.           38
       (5)   Subsection (4) does not apply to the extent that a requirement of a biosecurity           39
             undertaking is withdrawn in accordance with this Part.                                    40

143   Fee for biosecurity undertaking                                                                  41
       (1)   An authorised officer who accepts a biosecurity undertaking may charge the person         42
             who gives the undertaking a fee for preparing and accepting the undertaking.              43



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       (2)   The fee charged is to be an amount provided for by, or calculated in accordance with,   1
             the regulations.                                                                        2
       (3)   For the purposes of this Act, the fee is:                                               3
             (a) a recoverable amount that is payable to the Secretary, and                          4
             (b) recoverable from the person who gave the biosecurity undertaking.                   5
             Note. See Part 20, which provides for the recovery of recoverable amounts.              6

144   Authorised officer may take or authorise required actions and recover costs                    7
       (1)   If a person (the liable person) fails to comply with a biosecurity undertaking, an       8
             authorised officer may enter or authorise any person to enter premises and take any      9
             actions in relation to those premises or any thing on those premises that the liable    10
             person is required to take by the biosecurity undertaking or that are otherwise         11
             necessary to remedy that failure.                                                       12

       (2)   The Secretary may charge the liable person a fee for action taken under this section.   13
       (3)   The fee is to be no more than is reasonable to cover the costs and expenses incurred    14
             in connection with the action.                                                          15
       (4)   Costs and expenses incurred include any costs and expenses incurred by or on behalf     16
             of any government agency.                                                               17
       (5)   The fee is:                                                                             18
             (a) a recoverable amount that is payable to the Secretary, and                          19
             (b) recoverable from the liable person.                                                 20
             Note. See Part 20, which provides for the recovery of recoverable amounts.              21
       (6)   An authorised officer must give an occupier of premises used for residential purposes   22
             written notice of an intention to enter any part of the premises used only for          23
             residential purposes under this section.                                                24

       (7)   The notice must specify the day on which the premises are intended to be entered and    25
             must be given before that day.                                                          26

       (8)   Notice is not required to be given if:                                                  27
             (a) entry is made with the consent of the occupier of the premises, or                  28
             (b) entry is made under the authority of a search warrant.                              29
       (9)   This section does not prevent the taking of proceedings for an offence of               30
             contravening a biosecurity undertaking.                                                 31

145   Order requiring compliance with biosecurity undertaking                                        32
       (1)   The Secretary may apply to the Land and Environment Court for an order if a person      33
             contravenes a biosecurity undertaking.                                                  34
       (2)   If the Court is satisfied that the person who made the biosecurity undertaking has      35
             contravened the undertaking, the Court may make one or both of the following            36
             orders:                                                                                 37
              (a) an order directing the person to comply with the undertaking,                      38
             (b) an order discharging or varying the undertaking.                                    39
       (3)   In addition to the orders referred to in subsection (2), the Court may make any other   40
             order that the Court considers appropriate in the circumstances, including orders       41
             directing the person to pay to the State:                                               42
              (a) the costs of the proceedings, and                                                  43




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             (b)    the reasonable costs of the Secretary in monitoring compliance with the            1
                    biosecurity undertaking in the future.                                             2
       (4)   Nothing in this section affects the liability of a person who contravenes a biosecurity   3
             undertaking for an offence.                                                               4

146   Withdrawal or variation of biosecurity undertaking                                               5
       (1)   A person who has made a biosecurity undertaking may, at any time, with the written        6
             agreement of an authorised officer:                                                       7
             (a) withdraw the undertaking, or                                                          8
             (b) vary the undertaking.                                                                 9
       (2)   Any authorised officer may, at any time:                                                  10
             (a) withdraw an authorised officer's acceptance of a biosecurity undertaking, by          11
                  notice in writing served on the person who gave the undertaking, or                  12
             (b) vary a biosecurity undertaking (but only with the written agreement of the            13
                  person who gave the undertaking).                                                    14
       (3)   The provisions of an undertaking cannot be varied to provide for a different alleged      15
             contravention.                                                                            16
       (4)   A biosecurity undertaking ceases to have effect if:                                       17
             (a) it is withdrawn by the person who made it (in accordance with this section), or       18
             (b) acceptance of the undertaking is withdrawn by an authorised officer.                  19

147   Enforcement action not prevented by undertaking                                                  20
             A biosecurity undertaking does not prevent the taking or continuation of proceedings      21
             for an offence against this Act or the regulations in respect of any matter that is the   22
             subject of the undertaking.                                                               23




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Part 11 Prohibited dealings and registrable dealings                                                   1

Division 1          Prohibited dealings                                                                2

148   Prohibited dealings                                                                              3
       (1)   A dealing with biosecurity matter described in Schedule 3 is a prohibited dealing.        4
       (2)   The regulations may amend Schedule 3 by inserting, altering or omitting the               5
             description of any matter in that Schedule.                                               6

149   Offence of engaging in prohibited dealing                                                        7
       (1)   A person who engages in a prohibited dealing is guilty of an offence.                     8
       (2)   An offence against this section is a category 2 offence.                                  9
       (3)   An offence against this section is an executive liability offence.                        10
       (4)   A person who is guilty of an offence against this section because the person engages      11
             in a prohibited dealing in contravention of subsection (1):                               12
              (a) continues, until that contravention ceases, to be liable for a contravention of      13
                    subsection (1), and                                                                14
             (b) is guilty of a continuing offence (of the same category) for each day the             15
                    contravention continues.                                                           16

Division 2          Dealings for which biosecurity registration is required                            17

150   Registrable dealings in biosecurity matter                                                       18
       (1)   Each of the dealings described in Schedule 4 is a registrable dealing.                    19
       (2)   The regulations may amend Schedule 4 by inserting, altering or omitting the               20
             description of any matter in that Schedule.                                               21

151   Offence of engaging in registrable dealing without biosecurity registration                      22
       (1)   A person who engages in a registrable dealing is guilty of an offence unless:             23
             (a) the person is a registered entity, and                                                24
             (b) the dealing is authorised by the person's biosecurity registration.                   25
       (2)   An offence against this section is a category 2 offence.                                  26
       (3)   An offence against this section is an executive liability offence.                        27
       (4)   A person who is guilty of an offence against this section because the person engages      28
             in a registrable dealing in contravention of subsection (1):                              29
              (a) continues, until that contravention ceases, to be liable for a contravention of      30
                    subsection (1), and                                                                31
             (b) is guilty of a continuing offence (of the same category) for each day the             32
                    contravention continues.                                                           33
             Note. Part 12 deals with biosecurity registration.                                        34

152   Defence for employees and agents                                                                 35
             In proceedings for an offence against this Division, it is a defence to the prosecution   36
             of the offence if the person who engaged in the registrable dealing proves that:          37
              (a) the person did so as the employee or agent of a registered entity, and               38




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              (b)   the biosecurity registration authorises the registered entity to engage in the   1
                    dealing.                                                                         2




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Part 12 Biosecurity registration



Part 12 Biosecurity registration                                                                         1

Division 1           Preliminary                                                                         2

153    Registration of persons authorised to engage in registrable dealings                              3
       (1)    The Secretary may, by granting biosecurity registration under this Part, authorise a       4
              person to engage in a registrable dealing.                                                 5
       (2)    Biosecurity registration authorises only the dealing or dealings specified in the notice   6
              by which biosecurity registration is granted or renewed.                                   7
       (3)    The authorisation is subject to any conditions of biosecurity registration.                8

154    Registered entity--meaning                                                                         9
              A person is a registered entity if the person has been granted biosecurity registration    10
              under this Part, and that biosecurity registration is in force.                            11

155    References to functions exercisable "in the case of an emergency"                                 12
       (1)    A provision of this Part that enables the Secretary to exercise a function in the case     13
              of an emergency enables the Secretary to exercise that function if:                        14
              (a) the Secretary reasonably believes it is necessary to exercise the function             15
                    because of an emergency order, or                                                    16
              (b) the Secretary otherwise reasonably believes it is necessary to exercise the            17
                    function because:                                                                    18
                      (i) a biosecurity emergency has occurred, is occurring or is imminent, or          19
                     (ii) the Secretary reasonably suspects a biosecurity emergency has                  20
                          occurred, is occurring or is imminent.                                         21
       (2)    A function under this Part is taken to have been exercised in the case of an emergency     22
              if it is exercised by the Secretary in the circumstances referred to in subsection (1).    23

Division 2           Application for biosecurity registration                                            24

156    Application for biosecurity registration                                                          25
       (1)    A person may apply to the Secretary for biosecurity registration.                          26
       (2)    An application must:                                                                       27
              (a) be in an approved form, and                                                            28
              (b) include or be accompanied by any information or evidence that the Secretary            29
                   reasonably requires to assess the application.                                        30
       (3)    The Secretary may require a separate application to be made in relation to each            31
              registrable dealing.                                                                       32
       (4)    The regulations may provide for the fee to be paid for an application for the grant of     33
              biosecurity registration.                                                                  34
       (5)    The Secretary may require the fee to accompany the application.                            35

157    Grant or refusal of biosecurity registration                                                      36
       (1)    The Secretary may, on application, grant or refuse biosecurity registration.               37
       (2)    The Secretary may refuse biosecurity registration:                                         38
              (a) if the application for biosecurity registration does not comply with any               39
                   requirement imposed by or under this Act, or                                          40



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              (b)    if the Secretary is of the opinion that the applicant is not a suitable person to    1
                     be involved in the registrable dealing concerned, or                                 2
              (c)    in the case of an emergency, or                                                      3
              (d)    on any grounds prescribed by the regulations, or                                     4
              (e)    for any other reason that the Secretary considers to be a good reason for            5
                     refusing the application.                                                            6
       (3)    A decision about the suitability of a person to be involved in a registrable dealing        7
              may be made having regard to any of the following:                                          8
              (a) the fact that the person has been found guilty of an offence under this Act or           9
                    the regulations, or an offence under any other Act or law,                            10
              (b) an accreditation audit,                                                                 11
              (c) any matter prescribed by the regulations,                                               12
              (d) any other circumstances that the Secretary considers relevant.                          13
       (4)    The Secretary is to give the applicant notice in writing of a decision to grant or refuse   14
              biosecurity registration.                                                                   15
       (5)    If the Secretary fails to give an applicant for biosecurity registration notice of a        16
              decision to grant or refuse the biosecurity registration within the period prescribed by    17
              the regulations, the Secretary is taken to have refused to grant the biosecurity            18
              registration.                                                                               19
              Note. Part 15 provides for accreditation audits in relation to applications.                20

158    Duration of biosecurity registration                                                               21
       (1)    Biosecurity registration remains in force for a period (not exceeding 5 years)              22
              specified by the Secretary in the notice by which biosecurity registration is granted       23
              or renewed, unless sooner cancelled.                                                        24
       (2)    Biosecurity registration has no effect during any period in which biosecurity               25
              registration is suspended.                                                                  26

159    Variation of biosecurity registration                                                              27
       (1)    The Secretary may, at any time, by notice in writing to a registered entity, vary the       28
              biosecurity registration of that registered entity (including any conditions of             29
              biosecurity registration imposed by the Secretary).                                         30
       (2)    A variation includes the imposition of new conditions on biosecurity registration, the      31
              substitution of a condition, or the omission or amendment of a condition.                   32
       (3)    The regulations may make further provision for the variation of biosecurity                 33
              registration, including:                                                                    34
               (a) applications for variation, and                                                        35
              (b) fees for applications for variation.                                                    36

Division 3           Renewal of biosecurity registration                                                  37

160    Application for renewal of biosecurity registration                                                38
       (1)    A registered entity may apply to the Secretary for renewal of biosecurity registration      39
              in respect of a registrable dealing.                                                        40
       (2)    An application must:                                                                        41
              (a) be in an approved form, and                                                             42




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              (b)    include or be accompanied by any information or evidence that the Secretary           1
                     reasonably requires to assess the application.                                        2
       (3)    The Secretary may require a separate application in relation to each registrable             3
              dealing.                                                                                     4
       (4)    The regulations may provide for the fee to be paid for an application for the renewal        5
              of biosecurity registration.                                                                 6
       (5)    The Secretary may require the fee to accompany the application.                              7
       (6)    If an application for renewal of biosecurity registration in respect of a dealing is duly     8
              made to the Secretary before the expiry of biosecurity registration, biosecurity              9
              registration is taken to continue in force until the Secretary notifies the applicant of     10
              a decision to grant or refuse the application.                                               11

161    Grant or refusal of renewal application                                                             12
       (1)    The Secretary may, on application, renew or refuse to renew biosecurity registration.        13
       (2)    The Secretary may refuse to renew biosecurity registration:                                  14
              (a) if the application for renewal of biosecurity registration does not comply with          15
                   any requirement imposed by or under this Act, or                                        16
              (b) if the Secretary is of the opinion that the applicant is not a suitable person to        17
                   be involved in the registrable dealing concerned, or                                    18
              (c) in the case of an emergency, or                                                          19
              (d) on any grounds prescribed by the regulations, or                                         20
              (e) for any other reason that the Secretary considers to be a good reason for                21
                   refusing the application.                                                               22
       (3)    A decision about the suitability of a person to be involved in a registrable dealing         23
              may be made having regard to any of the following:                                           24
              (a) the fact that the person has been found guilty of an offence under this Act or           25
                    the regulations, or an offence under any other Act or law,                             26
              (b) any biosecurity audit relating to the registered entity,                                 27
              (c) any matter prescribed by the regulations,                                                28
              (d) any other circumstances that the Secretary considers relevant.                           29
       (4)    The Secretary is to give the applicant notice in writing of a decision to grant or refuse    30
              a renewal of biosecurity registration.                                                       31
       (5)    If the Secretary fails to give an applicant for renewal of biosecurity registration notice   32
              of a decision to grant or refuse the renewal within the period prescribed by the             33
              regulations, the Secretary is taken to have refused to renew the biosecurity                 34
              registration.                                                                                35
              Note. Part 15 provides for accreditation audits in relation to applications.                 36

Division 4           Conditions of biosecurity registration                                                37

162    Conditions of biosecurity registration                                                              38
       (1)    Biosecurity registration is subject to the following conditions:                             39
              (a) any conditions prescribed by the regulations,                                            40
              (b) any conditions imposed by the Secretary.                                                 41
       (2)    The Secretary may impose conditions on biosecurity registration:                             42
              (a) at the time of the grant or renewal of biosecurity registration, or                      43



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              (b)    at any other time by variation to the biosecurity registration.                     1
       (3)    A provision of this Division that authorises a type of condition to be imposed on          2
              biosecurity registration does not prevent other types of conditions being imposed, or      3
              limit the matters that can be provided for by conditions, except where expressly           4
              provided for by this Division.                                                             5
       (4)    In this Division:                                                                          6
              registered entity includes a former registered entity.                                     7

163    Compliance with standards                                                                         8
              The conditions of biosecurity registration may require the registered entity to engage      9
              in a registrable dealing in accordance with specified standards.                           10

164    Conditions requiring works or measures                                                            11
              The conditions of biosecurity registration may require the registered entity to carry      12
              out specified works, or put in place specified measures, to prevent, eliminate,            13
              minimise or manage the biosecurity risk of a registrable dealing.                          14

165    Alternative arrangements                                                                          15
       (1)    The conditions of biosecurity registration may require the registered entity to have in    16
              place an alternative arrangement that has been approved by the Secretary.                  17
       (2)    An alternative arrangement is a plan or arrangement relating to the registrable            18
              dealing that takes effect if:                                                              19
              (a) the registered entity ceases to be authorised to engage in the registrable             20
                    dealing, or                                                                          21
              (b) the registered entity is unable, because of illness, financial circumstances or        22
                    otherwise, to continue to engage in the registrable dealing.                         23

166    Conditions for insurance cover                                                                    24
              The conditions of biosecurity registration may require the registered entity to take out   25
              and maintain a policy of insurance that indemnifies the registered entity against any      26
              liability to which the registered entity may become subject in connection with the         27
              registrable dealing.                                                                       28

167    Conditions for biosecurity audits                                                                 29
              The conditions of biosecurity registration may require the registered entity to            30
              co-operate with, or arrange for, mandatory biosecurity audits and may provide for the      31
              frequency of biosecurity audits.                                                           32

168    Conditions requiring financial assurances                                                         33
       (1)    The conditions of biosecurity registration may require the registered entity to provide    34
              a financial assurance. The Secretary may require any such financial assurance to be        35
              provided before the Secretary grants, renews, varies, suspends or cancels biosecurity      36
              registration.                                                                              37
       (2)    The purpose of a condition requiring the provision of a financial assurance is to          38
              secure or guarantee funding for or towards the doing of anything required as a result      39
              of any of the following events (each of which is a secured event):                         40
              (a) the registered entity contravening another condition of biosecurity                    41
                    registration,                                                                        42
              (b) the registered entity placing any biosecurity matter that registration authorises      43
                    the registrable entity to deal with in the care of the Secretary,                    44



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              (c)    the registered entity ceasing to be authorised to engage in the registrable        1
                     dealing,                                                                           2
              (d)    the registered entity becoming unable, because of illness, financial               3
                     circumstances or otherwise, to continue to engage in the registrable dealing.      4
       (3)    A financial assurance is not to operate as a mere penalty for a contravention of a        5
              requirement imposed by or under this Act.                                                 6
       (4)    A financial assurance may be in one or more of the following forms:                       7
              (a) a bank guarantee,                                                                     8
              (b) a bond,                                                                               9
              (c) a form specified by the regulations,                                                  10
              (d) another form of security that the Secretary considers appropriate and specifies       11
                    in the condition.                                                                   12
       (5)    The regulations and, subject to the regulations, the conditions of biosecurity            13
              registration, may make provision for or with respect to financial assurances,             14
              including the following:                                                                  15
               (a) the calculation of the amount of financial assurances that can be required,          16
              (b) the circumstances in which financial assurances may be claimed or realised,           17
                     and the procedure for claiming or realising financial assurances,                  18
               (c) the actions that can be taken following a secured event, including provisions        19
                     that:                                                                              20
                      (i) specify the circumstances in which those actions can be taken by or on        21
                            behalf of the Secretary, and                                                22
                     (ii) authorise the Secretary, or a person acting on behalf of the Secretary, to    23
                            enter land to carry out those actions,                                      24
              (d) the provision of information in respect of the actions,                               25
               (e) the audit of the actions,                                                            26
               (f) the administration of financial assurances,                                          27
              (g) the release of financial assurances.                                                  28
       (6)    The Land and Environment Court has jurisdiction to determine disputes about calling       29
              on or using a financial assurance.                                                        30
       (7)    A financial assurance may be called on and used, despite and without affecting:           31
              (a) any liability of the registered entity for any penalty for an offence for a           32
                    contravention to which the assurance relates, and                                   33
              (b) any other action that might be taken or is required to be taken in relation to any    34
                    contravention or other circumstances to which the assurance relates.                35

169    Conditions to take effect later                                                                  36
       (1)    The conditions of biosecurity registration may provide that an authorisation              37
              conferred by the biosecurity registration does not take effect until the end of a         38
              specified period or on the happening of a particular event or on the occurrence of a      39
              specified state of affairs.                                                               40
       (2)    Without limiting the generality of the above, the conditions may provide that an          41
              authorisation or variation will not take effect until a financial assurance is provided   42
              in accordance with the condition.                                                         43




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Division 5           Suspension or cancellation of biosecurity registration                                1

170    Grounds for suspension or cancellation of biosecurity registration                                  2
       (1)    Each of the following constitutes grounds for suspending or cancelling biosecurity           3
              registration:                                                                                4
               (a) the Secretary is of the opinion that the registered entity has contravened a            5
                     requirement imposed by or under this Act,                                             6
              (b) the Secretary is of the opinion that the registered entity is not a suitable person      7
                     to be involved in the registrable dealing concerned,                                  8
               (c) the Secretary receives information about the registered entity and the                   9
                     Secretary is of the opinion that, had the information been received at the time       10
                     when the application for biosecurity registration or renewal of biosecurity           11
                     registration was made, the Secretary would have refused the application,              12
              (d) any other grounds prescribed by the regulations.                                         13
       (2)    The Secretary may also suspend or cancel biosecurity registration in the case of an          14
              emergency (in which case, the emergency is the grounds for the suspension or                 15
              cancellation).                                                                               16
       (3)    A decision about the suitability of a person to be involved in a registrable dealing         17
              may be made having regard to any of the following:                                           18
              (a) the fact that the person has been found guilty of an offence under this Act or           19
                    the regulations, or an offence under any other Act or law,                             20
              (b) a biosecurity audit,                                                                     21
              (c) any matter prescribed by the regulations,                                                22
              (d) any other circumstances that the Secretary considers relevant.                           23
       (4)    In this Division:                                                                            24
              registered entity includes a former registered entity.                                       25

171    Suspension of biosecurity registration                                                              26
       (1)    The Secretary may, by notice in writing to a registered entity, suspend the biosecurity      27
              registration of the registered entity if the Secretary is satisfied that there are grounds   28
              for the suspension of registration.                                                          29
       (2)    Notice of the suspension must specify:                                                       30
              (a) the date or time from which suspension takes effect, and                                 31
              (b) the period of suspension, and                                                            32
              (c) the grounds for the suspension.                                                          33

172    Registered entity to be given opportunity to make submissions about suspension                      34
       (1)    Before suspending the biosecurity registration of a registered entity, the Secretary         35
              must:                                                                                        36
              (a) give notice in writing to the registered entity of the Secretary's intention to          37
                    suspend registration and the proposed grounds for doing so, and                        38
              (b) invite the registered entity to make a submission to the Secretary about the             39
                    proposed suspension, and                                                               40
              (c) take into account any submission made to the Secretary by the registered entity          41
                    before the deadline for the making of a submission.                                    42




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       (2)    The Secretary is to specify a deadline for the making of a submission to the Secretary   1
              about a proposed suspension that is at least 30 days after notice of the proposed        2
              suspension is given to the registered entity.                                            3
       (3)    The Secretary is not required to give notice under this section of a proposed            4
              suspension if the Secretary is of the opinion that the suspension is required urgently   5
              because of the biosecurity impact of the registrable dealing being carried out by the    6
              registered entity or in the case of an emergency.                                        7
       (4)    However, if the Secretary suspends biosecurity registration without giving prior         8
              notice to the registered entity, the Secretary must:                                     9
              (a) give the registered entity notice in writing of the grounds for the suspension,      10
                     and                                                                               11
              (b) invite the registered entity to make a submission to the Secretary about the         12
                     suspension by a specified deadline (being at least 30 days after the notice is    13
                     given to the registered entity).                                                  14
       (5)    If the registered entity makes a submission to the Secretary about the suspension        15
              before the specified deadline, the Secretary must:                                       16
               (a) decide whether the suspension should be revoked or continued, having regard         17
                     to that submission, and                                                           18
              (b) give notice in writing of that decision to the registered entity.                    19

173    Cancellation of biosecurity registration                                                        20
       (1)    The Secretary may, by notice in writing to a registered entity, cancel the biosecurity   21
              registration of the registered entity if:                                                22
               (a) the Secretary is satisfied that there are grounds for the cancellation of           23
                     biosecurity registration, or                                                      24
              (b) the registered entity applies for cancellation of biosecurity registration.          25
       (2)    Notice of the cancellation must specify:                                                 26
              (a) the date or time from which cancellation takes effect, and                           27
              (b) the grounds for the cancellation.                                                    28

174    Registered entity to be given opportunity to make submissions about cancellation                29
       (1)    Before cancelling the biosecurity registration of a registered entity, the Secretary     30
              must:                                                                                    31
              (a) give notice in writing to the registered entity of the Secretary's intention to      32
                    cancel biosecurity registration and the proposed grounds for doing so, and         33
              (b) invite the registered entity to make a submission to the Secretary about the         34
                    proposed cancellation, and                                                         35
              (c) take into account any submission made to the Secretary by the registered entity      36
                    before the deadline for the making of a submission.                                37
       (2)    The Secretary must specify a deadline for the making of a submission to the              38
              Secretary about the proposed cancellation that is at least 30 days after notice of the   39
              proposed cancellation is given to the registered entity.                                 40
       (3)    The Secretary is not required to give notice under this section of a proposed            41
              cancellation if:                                                                         42
              (a) the biosecurity registration of the registered entity is suspended and either:       43
                     (i) the registered entity was given an opportunity to make a submission           44
                           about the suspension before the suspension took effect, or                  45




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                     (ii)   the registered entity was given an opportunity to make a submission        1
                            about the suspension after the suspension took effect, and the period      2
                            specified by the Secretary for the making of that submission has ended,    3
                            or                                                                         4
              (b)    the registered entity has applied for cancellation of biosecurity registration.   5

175    Effect of suspension or cancellation on conditions                                              6
       (1)    Biosecurity registration may be suspended or cancelled unconditionally or subject to     7
              such conditions as the Secretary imposes.                                                8
       (2)    Those conditions may include (but are not limited to) any conditions to which the         9
              biosecurity registration was subject immediately before it was suspended or              10
              cancelled.                                                                               11
       (3)    The Secretary may, by notice in writing given to the former registered entity, attach    12
              new conditions to, or vary or revoke any existing conditions of, the suspension or       13
              cancellation of the biosecurity registration.                                            14

Division 6           Miscellaneous                                                                     15

176    Offence of contravening condition of biosecurity registration                                   16
       (1)    A registered entity who contravenes a condition of biosecurity registration is guilty    17
              of an offence.                                                                           18
       (2)    An offence against this section is a category 2 offence.                                 19
       (3)    An offence against this section is an executive liability offence.                       20
       (4)    A person who is guilty of an offence against this section because the person             21
              contravenes a requirement of a condition of biosecurity registration to do or refrain    22
              from doing something:                                                                    23
               (a) continues, until the requirement is complied with and despite the fact that any     24
                    specified period or time for compliance has expired or passed, to be liable to     25
                    comply with the requirement, and                                                   26
              (b) is guilty of a continuing offence for each day the contravention continues.          27
       (5)    Subsection (4) does not apply to the extent that a requirement of a condition is         28
              revoked.                                                                                 29
       (6)    In this section:                                                                         30
              registered entity includes a former registered entity.                                   31

177    Biosecurity registration not transferable                                                       32
              Biosecurity registration is not transferable.                                            33

178    Surrender of biosecurity registration                                                           34
       (1)    A registered entity may apply to the Secretary for a cancellation of biosecurity         35
              registration.                                                                            36
       (2)    An application must:                                                                     37
              (a) be in an approved form, and                                                          38
              (b) be accompanied by the fee for voluntary cancellation of biosecurity                  39
                   registration (if any) in respect of the dealing concerned prescribed by the         40
                   regulations, and                                                                    41
              (c) include or be accompanied by any information or evidence required by the             42
                   Secretary to assess the application.                                                43



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       (3)    A separate application may be required in relation to each dealing for which             1
              biosecurity registration is required.                                                    2
       (4)    An application for cancellation of biosecurity registration is not duly made unless it   3
              complies with this section.                                                              4

179    Appeal to Land and Environment Court                                                            5
       (1)    A person aggrieved by any of the following decisions may appeal to the Land and          6
              Environment Court against the decision:                                                  7
              (a) a decision of the Secretary to refuse biosecurity registration,                      8
              (b) a decision of the Secretary to refuse to renew biosecurity registration,             9
              (c) a decision of the Secretary to suspend or cancel biosecurity registration,           10
              (d) a decision of the Secretary to refuse to revoke a suspension of biosecurity          11
                    registration following the making of a submission by a registered entity under     12
                    this Part, being a suspension of which the registered entity was not given prior   13
                    notice,                                                                            14
              (e) a decision of the Secretary to impose any condition on biosecurity registration,     15
                    or on the suspension or cancellation of biosecurity registration,                  16
               (f) a decision of the Secretary to vary biosecurity registration.                       17
       (2)    An appeal is to be made in accordance with rules of court, but may not be made more      18
              than 28 days after the date written notice of the decision is served on the person.      19
       (3)    Subject to any order made by the Land and Environment Court, an appeal does not          20
              operate to stay the decision to which the appeal relates.                                21




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Part 13 Biosecurity certificates                                                                        1

Division 1           Biosecurity certificates                                                           2

180    Biosecurity certifier may issue biosecurity certificates                                         3
              A biosecurity certifier may issue a biosecurity certificate under this Act.               4

181    Biosecurity certificate--meaning                                                                  5
       (1)    A biosecurity certificate is a certificate that certifies any of the following matters:   6
              (a) that biosecurity matter or any other thing or area is free from, or contains a        7
                    specified level of, any stated biosecurity matter (such as a specified pest,        8
                    disease or contaminant),                                                            9
              (b) that biosecurity matter or any other thing or area is in a specified condition,       10
              (c) that biosecurity matter or any other thing or area has been the subject of a          11
                    specified treatment,                                                                12
              (d) that biosecurity matter or any other thing or area meets specified requirements,      13
              (e) any matter of a kind prescribed by the regulations.                                   14
       (2)    A biosecurity certificate remains in force for the period specified in the certificate.   15

Division 2           Interstate biosecurity certificates                                                16

182    Recognition of interstate biosecurity certificates                                               17
              A requirement imposed by or under this Act that a person obtain, or have in               18
              possession, a biosecurity certificate in relation to a matter may be satisfied by the     19
              person obtaining, or having in possession, an interstate biosecurity certificate in       20
              relation to that matter that is in force.                                                 21

183    Interstate biosecurity certificate--meaning                                                       22
              An interstate biosecurity certificate is a certificate or other document duly issued      23
              under a corresponding law in which a person certifies any matter in relation to which     24
              a biosecurity certificate could be issued under this Act and that is in force.            25

Division 3           Offences                                                                           26

184    Provision of false or misleading information to biosecurity certifier                            27
       (1)    A person who, in connection with obtaining or the issue of a biosecurity certificate,     28
              furnishes any information to a biosecurity certifier that is false or misleading in a     29
              material particular, or fails to furnish any material information, is guilty of an        30
              offence.                                                                                  31
       (2)    An offence against this section is a category 1 offence if the offence is committed       32
              intentionally or recklessly.                                                              33
       (3)    In any other case, the offence is a category 2 offence.                                   34
       (4)    A category 1 offence or category 2 offence against this section is an executive           35
              liability offence.                                                                        36
       (5)    In this section:                                                                          37
              biosecurity certifier includes a person acting on behalf of a biosecurity certifier.      38




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185    False biosecurity certificates                                                                        1
       (1)    A person who issues, or purports to issue, a biosecurity certificate or purported              2
              biosecurity certificate is guilty of an offence if the certificate is false or misleading      3
              in a material particular.                                                                      4
       (2)    A person who alters or amends a biosecurity certificate, or purported biosecurity              5
              certificate, is guilty of an offence if the alteration or amendment makes the certificate      6
              false or misleading in a material particular.                                                  7
       (3)    A certificate is false or misleading in a material particular if it:                           8
              (a) includes information that is false or misleading in a material particular, or              9
              (b) omits material information.                                                                10
       (4)    An offence against subsection (1) or (2) is a category 1 offence if the offence is             11
              committed intentionally or recklessly.                                                         12
       (5)    In any other case, an offence against subsection (1) or (2) is a category 2 offence.           13
       (6)    A category 1 offence or category 2 offence against subsection (1) or (2) is an                 14
              executive liability offence.                                                                   15
       (7)    In this section:                                                                               16
              biosecurity certificate includes an interstate biosecurity certificate.                        17

186    False representations                                                                                 18
       (1)    A person who falsely represents that a biosecurity certificate has been issued in              19
              respect of any matter is guilty of an offence.                                                 20
       (2)    An offence against this section is a category 1 offence if the offence is committed            21
              intentionally or recklessly.                                                                   22
       (3)    In any other case, an offence against this section is a category 2 offence.                    23
       (4)    A category 1 offence or category 2 offence against this section is an executive                24
              liability offence.                                                                             25
       (5)    In this section:                                                                               26
              biosecurity certificate includes an interstate biosecurity certificate.                        27

187    Issue or alteration of biosecurity certificate by unauthorised person                                 28
       (1)    A person who issues, or purports to issue, a biosecurity certificate or purported              29
              biosecurity certificate is guilty of an offence if the person is not a biosecurity certifier   30
              authorised by or under this Act to issue the certificate concerned.                            31

       (2)    A person who alters or amends a biosecurity certificate, or purported biosecurity              32
              certificate, is guilty of an offence unless the person is a biosecurity certifier              33
              authorised by or under this Act to do so.                                                      34

       (3)    An offence against subsection (1) or (2) is a category 1 offence if the offence is             35
              committed intentionally or recklessly.                                                         36

       (4)    In any other case, an offence against subsection (1) or (2) is a category 2 offence.           37
       (5)    A category 1 offence or category 2 offence against this section is an executive                38
              liability offence.                                                                             39




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Part 14 Accreditation of biosecurity certifiers



Part 14 Accreditation of biosecurity certifiers                                                         1

Division 1            Biosecurity certifiers                                                            2

188    Grant of accreditation by accreditation authority                                                3
              An accreditation authority may, by instrument in writing, grant accreditation as a        4
              biosecurity certifier to any person, subject to this Act.                                 5

189    Accreditation policy                                                                             6
       (1)    An accreditation authority is required to adopt an accreditation policy for the           7
              purposes of this Act.                                                                     8
       (2)    An accreditation policy may make provision for or with respect to the following            9
              matters:                                                                                  10
              (a) the qualifications, skills, knowledge and experience required for the grant of        11
                    accreditation as a biosecurity certifier by the accreditation authority,            12
              (b) any other matters prescribed by the regulations.                                      13
       (3)    An accreditation authority is to make the accreditation policy publicly available.        14
       (4)    An accreditation policy adopted by an accreditation authority (other than the             15
              Secretary) has no effect unless it has been approved by the Secretary.                    16
       (5)    An accreditation authority may amend or replace an accreditation policy adopted by        17
              the accreditation authority.                                                              18
       (6)    Subsection (4) applies in relation to the amendment or replacement of an                  19
              accreditation policy in the same way as it applies to the adoption of an accreditation    20
              policy.                                                                                   21
       (7)    However, subsection (4) does not apply to an amendment of an accreditation policy         22
              if the accreditation authority certifies that the amendment:                              23
               (a) is minor in nature or for the purpose of correcting an error, or                     24
              (b) is necessary to reflect a change of a course (including a continuing                  25
                      professional development course) or qualification or of the provider of a         26
                      course or qualification.                                                          27
       (8)    An accreditation authority may adopt different accreditation policies for different       28
              types of accreditation.                                                                   29
       (9)    A reference in this Act to an accreditation authority's accreditation policy is a         30
              reference to the accreditation policy as adopted by the accreditation authority, being,   31
              if the authority has more than one policy, the accreditation policy that is relevant to   32
              the type of accreditation concerned.                                                      33

190    Effect of accreditation                                                                          34
       (1)    A biosecurity certifier is authorised by his or her accreditation as a biosecurity        35
              certifier to issue biosecurity certificates.                                              36
       (2)    The authorisation is subject to any conditions or limitations specified in the            37
              instrument by which the person is accredited as a biosecurity certifier.                  38
       (3)    In particular, an accreditation may be limited to:                                        39
               (a) a specified class of biosecurity certificates, or                                    40
              (b) the certification, by the issue of a biosecurity certificate, of specified matters.   41




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       (4)    Nothing in this Act authorises or requires a biosecurity certifier to act in                1
              contravention of the conditions or limitations of his or her accreditation as a             2
              biosecurity certifier.                                                                      3

191    Responsible accreditation authority                                                                4
       (1)    An accreditation authority that grants accreditation to a person as a biosecurity           5
              certifier is the responsible accreditation authority in relation to that accreditation.     6
       (2)    An accreditation authority ceases to be the responsible accreditation authority in           7
              relation to an accreditation if the accreditation is renewed by another accreditation        8
              authority. In that case, the accreditation authority that renews the accreditation           9
              becomes the responsible accreditation authority in relation to the accreditation.           10
       (3)    The Secretary is entitled, but is not required, to exercise any of the functions of the     11
              responsible accreditation authority in relation to an accreditation granted or renewed      12
              by an accreditation authority.                                                              13
       (4)    If an accreditation authority ceases to be an accreditation authority in relation to        14
              accreditation generally or a class of accreditation, the functions of the responsible       15
              accreditation authority in relation to any accreditation, or accreditation of that class,   16
              that has already been granted or renewed by that accreditation authority may be             17
              exercised by:                                                                               18
               (a) any accreditation authority approved by the Secretary to exercise the functions        19
                    of the accreditation authority in respect of the accreditation or class of            20
                    accreditation concerned, or                                                           21
              (b) if no accreditation authority has been so approved, the Secretary.                      22

192    Approval of authorised officer to exercise functions of biosecurity certifier                      23
       (1)    The Secretary may, by instrument in writing, approve any authorised officer to              24
              exercise any specified function or functions of a biosecurity certifier.                    25
       (2)    An approval may apply to a specified authorised officer or to any specified class of        26
              authorised officers.                                                                        27
       (3)    An approval may be unconditional, or subject to conditions or limitations.                  28
       (4)    An approval has effect for the period specified in the instrument of approval or, if no     29
              period is specified, until revoked by the Secretary.                                        30
       (5)    The Secretary may, by instrument in writing, revoke or amend an approval under this         31
              section at any time.                                                                        32
       (6)    The approval of a person as a biosecurity certifier under this section ceases to be in      33
              force if the person ceases to be an authorised officer.                                     34
       (7)    A person approved to exercise the functions of a biosecurity certifier under this           35
              section is taken to be a biosecurity certifier.                                             36
       (8)    Nothing in this Act authorises or requires the person to act in contravention of the        37
              conditions or limitations of his or her approval to exercise the functions of a             38
              biosecurity certifier.                                                                      39

Division 2            Accreditation procedure                                                             40

193    Application for accreditation                                                                      41
       (1)    A person may apply to an accreditation authority for accreditation as a biosecurity         42
              certifier.                                                                                  43




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       (2)    An application must:                                                                        1
              (a) be in a form approved by the accreditation authority, and                               2
              (b) include or be accompanied by any information or evidence of a kind                      3
                   prescribed by the regulations, and                                                     4
              (c) include or be accompanied by any other information or evidence that the                 5
                   accreditation authority reasonably requires to assess the application.                 6
       (3)    The accreditation authority may require a fee to be paid for an application for             7
              accreditation.                                                                              8
       (4)    The accreditation authority may require the application fee to accompany the                 9
              application.                                                                                10
       (5)    The amount of the application fee is:                                                       11
              (a) if the accreditation authority is the Secretary--the amount provided for by the          12
                   regulations, or                                                                        13
              (b) in any other case--the amount required by the accreditation authority.                   14

194    Grant or refusal of accreditation                                                                  15
       (1)    The accreditation authority may, on application, grant or refuse to grant accreditation     16
              as a biosecurity certifier.                                                                 17
       (2)    The accreditation authority may refuse to grant accreditation:                              18
              (a) if the application for accreditation does not comply with any requirement               19
                    imposed by or under this Act, or                                                      20
              (b) if the accreditation authority is not satisfied that the applicant has the              21
                    qualifications, skills, knowledge and experience required by the accreditation        22
                    authority's accreditation policy, or                                                  23
              (c) if the accreditation authority is of the opinion that the applicant is not a suitable   24
                    person to be accredited as a biosecurity certifier, or                                25
              (d) on any grounds prescribed by the regulations.                                           26
       (3)    A decision about the suitability of a person for accreditation may be made having           27
              regard to any of the following:                                                             28
               (a) the fact that the applicant has been found guilty of an offence under this Act         29
                    or the regulations, or an offence under any other Act or law,                         30
              (b) an accreditation audit,                                                                 31
               (c) any matter prescribed by the regulations,                                              32
              (d) any other circumstances that the accreditation authority considers relevant.            33
       (4)    The regulations may prescribe circumstances in which it is mandatory for an                 34
              accreditation authority to refuse accreditation.                                            35
       (5)    An accreditation authority must refuse accreditation if it is mandatory for the             36
              accreditation authority to refuse accreditation.                                            37
       (6)    The accreditation authority is to give the applicant notice in writing of a decision to     38
              grant or refuse accreditation.                                                              39
       (7)    An accreditation authority that fails to give an applicant for accreditation notice of a    40
              decision to grant or refuse accreditation within the period prescribed by the               41
              regulations is taken to have refused accreditation.                                         42




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195    Duration of accreditation                                                                          1
       (1)    Accreditation remains in force for a period (not exceeding 5 years) specified by the        2
              accreditation authority in any notice by which accreditation is granted or renewed,         3
              unless sooner cancelled.                                                                    4
       (2)    Accreditation has no effect during any period in which accreditation is suspended.          5

196    Variation of accreditation                                                                         6
       (1)    The responsible accreditation authority may, at any time, by notice in writing to a          7
              person who has been accredited as a biosecurity certifier, vary the accreditation of         8
              the person (including any conditions of accreditation imposed by an accreditation            9
              authority).                                                                                 10

       (2)    A variation includes the imposition of new conditions on accreditation, the                 11
              substitution of a condition, or the omission or amendment of a condition.                   12
       (3)    The regulations may make further provision for the variation of accreditation,              13
              including:                                                                                  14
               (a) applications for variation, and                                                        15
              (b) fees for applications for variation.                                                    16

Division 3            Renewal of accreditation                                                            17

197    Application for renewal of accreditation                                                           18
       (1)    A biosecurity certifier may apply to an accreditation authority for renewal of              19
              accreditation as a biosecurity certifier.                                                   20
       (2)    An application must:                                                                        21
              (a) be in a form approved by the accreditation authority, and                               22
              (b) include or be accompanied by any information or evidence of a kind                      23
                   prescribed by the regulations, and                                                     24
              (c) include or be accompanied by any other information or evidence that the                 25
                   accreditation authority reasonably requires to assess the application.                 26
       (3)    The accreditation authority may require a fee to be paid for an application for renewal     27
              of accreditation.                                                                           28
       (4)    The accreditation authority may require the application fee to accompany the                29
              application.                                                                                30
       (5)    The amount of the application fee is:                                                       31
              (a) if the accreditation authority is the Secretary--the amount provided for by the          32
                   regulations, or                                                                        33
              (b) in any other case--the amount required by the accreditation authority.                   34
       (6)    If an application for renewal of accreditation is duly made to an accreditation             35
              authority before the expiry of accreditation, accreditation is taken to continue in force   36
              until the accreditation authority notifies the applicant of a decision to grant or refuse   37
              the application.                                                                            38

198    Grant or refusal of renewal application                                                            39
       (1)    An accreditation authority may, on application, renew or refuse to renew                    40
              accreditation as a biosecurity certifier.                                                   41




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       (2)    An accreditation authority may refuse to renew accreditation:                               1
              (a) if the application for renewal of accreditation does not comply with any                2
                    requirement imposed by or under this Act, or                                          3
              (b) if the accreditation authority is not satisfied that the applicant has the              4
                    qualifications, skills, knowledge and experience required by the accreditation        5
                    authority's accreditation policy, or                                                  6
              (c) if the accreditation authority is of the opinion that the applicant is not a suitable   7
                    person to be accredited as a biosecurity certifier, or                                8
              (d) on any grounds prescribed by the regulations.                                           9
       (3)    A decision about the suitability of a person for accreditation may be made having           10
              regard to any of the following:                                                             11
               (a) the fact that the applicant has been found guilty of an offence under this Act         12
                    or the regulations, or an offence under any other Act or law,                         13
              (b) any biosecurity audit relating to the biosecurity certifier,                            14
               (c) any matter prescribed by the regulations,                                              15
              (d) any other circumstances that the accreditation authority considers relevant.            16
       (4)    The regulations may prescribe circumstances in which it is mandatory for an                 17
              accreditation authority to refuse to renew accreditation.                                   18
       (5)    An accreditation authority must refuse to renew accreditation if it is mandatory for        19
              the accreditation authority to refuse to renew accreditation.                               20
       (6)    An accreditation authority is to give the applicant notice in writing of a decision to      21
              grant or refuse renewal of accreditation.                                                   22
       (7)    An accreditation authority that fails to give an applicant for accreditation notice of a    23
              decision to grant or refuse the renewal of accreditation within the period prescribed       24
              by the regulations is taken to have refused accreditation.                                  25

Division 4            Conditions of accreditation                                                         26

199    Conditions of accreditation                                                                        27
       (1)    Accreditation as a biosecurity certifier is subject to the following conditions:            28
              (a) any conditions prescribed by the regulations,                                           29
              (b) any conditions imposed by the responsible accreditation authority.                      30
       (2)    The responsible accreditation authority may impose conditions on accreditation:             31
              (a) at the time of the grant or renewal of accreditation, or                                32
              (b) at any other time by variation to the accreditation.                                    33
       (3)    A provision of this Part that authorises a type of condition to be imposed on               34
              accreditation does not prevent other types of conditions being imposed or limit the         35
              matters that can be provided for by conditions, except where expressly provided for         36
              by this Part.                                                                               37

200    Compliance with standards                                                                          38
              The conditions of accreditation may require the biosecurity certifier to exercise the       39
              functions of a biosecurity certifier in accordance with specified standards.                40

201    Conditions for insurance cover                                                                     41
              The conditions of accreditation may require the biosecurity certifier to take out and       42
              maintain a policy of insurance that indemnifies the biosecurity certifier for any           43



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              liability to which the biosecurity certifier may become subject as a result of            1
              exercising, or purporting to exercise, the functions of a biosecurity certifier.          2

Division 5            Suspension or cancellation of accreditation                                       3

202    Grounds for suspension or cancellation of accreditation                                          4
       (1)    Each of the following constitutes grounds for suspending or cancelling accreditation      5
              as a biosecurity certifier:                                                               6
              (a) the accreditation authority is of the opinion that the biosecurity certifier has      7
                     contravened a requirement imposed by or under this Act,                            8
              (b) the accreditation authority is not satisfied that the biosecurity certifier has the    9
                     qualifications, skills, knowledge and experience required by the accreditation     10
                     authority's accreditation policy,                                                  11
              (c) the accreditation authority is of the opinion that the biosecurity certifier is not   12
                     a suitable person to be accredited as a biosecurity certifier,                     13
              (d) the accreditation authority receives information about the biosecurity certifier      14
                     and the accreditation authority is of the opinion that, had the information been   15
                     received at the time when the application for accreditation or renewal of          16
                     accreditation was made, it would have refused the application,                     17
              (e) any other grounds prescribed by the regulations.                                      18
       (2)    A decision about the suitability of a person for accreditation may be made having         19
              regard to any of the following:                                                           20
               (a) the fact that the biosecurity certifier has been found guilty of an offence under    21
                    this Act or the regulations, or an offence under any other Act or law,              22
              (b) a biosecurity audit relating to the biosecurity certifier,                            23
               (c) any matter prescribed by the regulations,                                            24
              (d) any other circumstances that the accreditation authority considers relevant.          25
       (3)    In this Division:                                                                         26
              biosecurity certifier includes a former biosecurity certifier.                            27

203    Suspension of accreditation                                                                      28
       (1)    The responsible accreditation authority may, by notice in writing to a biosecurity        29
              certifier, suspend the accreditation of the biosecurity certifier if the accreditation    30
              authority is satisfied that there are grounds for the suspension of accreditation.        31
       (2)    Notice of the suspension must specify:                                                    32
              (a) the date or time from which suspension takes effect, and                              33
              (b) the period of suspension, and                                                         34
              (c) the grounds for the suspension.                                                       35

204    Biosecurity certifier to be given opportunity to make submissions about suspension               36
       (1)    Before suspending the accreditation of a biosecurity certifier, an accreditation          37
              authority must:                                                                           38
              (a) give notice in writing to the biosecurity certifier of the accreditation              39
                    authority's intention to suspend accreditation and the proposed grounds for         40
                    doing so, and                                                                       41
              (b) invite the biosecurity certifier to make a submission to the accreditation            42
                    authority about the proposed suspension, and                                        43




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               (c)    take into account any submission made to the accreditation authority by the        1
                      biosecurity certifier before the deadline for the making of a submission.          2
       (2)    An accreditation authority is to specify a deadline for the making of a submission to      3
              the accreditation authority about the proposed suspension that is at least 30 days after   4
              the notice of the proposed suspension is given to the biosecurity certifier.               5
       (3)    An accreditation authority is not required to give notice under this section of a          6
              proposed suspension if the accreditation authority proposes to suspend the                 7
              accreditation because the accreditation authority is of the opinion that:                  8
              (a) the suspension relates to a matter of critical non-compliance, or                      9
              (b) the biosecurity certifier has issued a biosecurity certificate that is false or        10
                    misleading in a material particular or has otherwise engaged in fraudulent           11
                    behaviour.                                                                           12
       (4)    However, if the accreditation authority suspends accreditation of a biosecurity            13
              certifier without giving prior notice to the biosecurity certifier, the accreditation      14
              authority must:                                                                            15
              (a) give the biosecurity certifier notice in writing of the grounds for the                16
                     suspension, and                                                                     17
              (b) invite the biosecurity certifier to make a submission to the accreditation             18
                     authority about the suspension by a specified deadline that is at least 30 days     19
                     after the notice is given to the biosecurity certifier.                             20
       (5)    If the biosecurity certifier makes a submission to the accreditation authority about the   21
              suspension before the specified deadline, the accreditation authority must:                22
               (a) decide whether the suspension should be revoked or continued, having regard           23
                      to that submission, and                                                            24
              (b) give notice in writing of that decision to the biosecurity certifier.                  25

205    Cancellation of accreditation                                                                     26
       (1)    The responsible accreditation authority may, by notice in writing to a biosecurity         27
              certifier, cancel the accreditation of the biosecurity certifier if:                       28
              (a) there are grounds for the cancellation of accreditation, or                            29
              (b) the biosecurity certifier applies for cancellation of accreditation.                   30
       (2)    Notice of the cancellation must specify:                                                   31
              (a) the date or time from which cancellation takes effect, and                             32
              (b) the grounds for the cancellation.                                                      33

206    Biosecurity certifier to be given opportunity to make submissions about cancellation              34
       (1)    Before cancelling the accreditation of a biosecurity certifier, an accreditation           35
              authority must:                                                                            36
              (a) give notice in writing to the biosecurity certifier of the accreditation               37
                    authority's intention to cancel accreditation and the proposed grounds for           38
                    doing so, and                                                                        39
              (b) invite the biosecurity certifier to make a submission to the accreditation             40
                    authority about the proposed cancellation, and                                       41
              (c) take into account any submission made to the accreditation authority by the            42
                    biosecurity certifier before the deadline for the making of a submission.            43




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       (2)    An accreditation authority must specify a deadline for the making of a submission to     1
              the accreditation authority about the proposed cancellation that is at least 30 days     2
              after the notice of the proposed cancellation is given to the biosecurity certifier.     3
       (3)    An accreditation authority is not required to give notice under this section of a        4
              proposed cancellation if:                                                                5
              (a) the accreditation of the biosecurity certifier is suspended and either:              6
                     (i) the biosecurity certifier was given an opportunity to make a submission       7
                          about the suspension before the suspension took effect, or                   8
                    (ii) the biosecurity certifier was given an opportunity to make a submission        9
                          about the suspension after the suspension took effect, and the period        10
                          specified by the accreditation authority for the making of that              11
                          submission has ended, or                                                     12
              (b) the biosecurity certifier has applied for cancellation of accreditation.             13

207    Effect of suspension or cancellation on conditions                                              14
       (1)    Accreditation may be suspended or cancelled unconditionally or subject to such           15
              conditions as the accreditation authority imposes.                                       16
       (2)    Those conditions may include (but are not limited to) any conditions to which the        17
              accreditation was subject immediately before it was suspended or cancelled.              18
       (3)    The accreditation authority may, by notice in writing given to the former biosecurity    19
              certifier, attach new conditions to, or vary or revoke any existing conditions of, the   20
              suspension or cancellation of the accreditation.                                         21

Division 6            Miscellaneous                                                                    22

208    Offence of contravening conditions of accreditation                                             23
       (1)    A biosecurity certifier or former biosecurity certifier who contravenes a condition of   24
              accreditation imposed by or under this Part is guilty of an offence.                     25
       (2)    An offence against this section is a category 2 offence.                                 26
       (3)    A person who is guilty of an offence against this section because the person             27
              contravenes a requirement of a condition of accreditation to do or refrain from doing    28
              something:                                                                               29
              (a) continues, until the requirement is complied with and despite the fact that any      30
                    specified period or time for compliance has expired or passed, to be liable to     31
                    comply with the requirement, and                                                   32
              (b) is guilty of a continuing offence for each day the contravention continues.          33
       (4)    Subsection (3) does not apply to the extent that a requirement of a condition is         34
              revoked.                                                                                 35

209    Impersonation of biosecurity certifier                                                          36
       (1)    A person who impersonates a biosecurity certifier is guilty of an offence.               37
       (2)    An offence against this section is a category 2 offence.                                 38
       (3)    In this section:                                                                         39
              biosecurity certifier includes a person who is accredited or otherwise authorised by     40
              or under a corresponding law to issue, alter or amend an interstate biosecurity          41
              certificate.                                                                             42




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210    Appeal to Land and Environment Court                                                           1
       (1)    A person aggrieved by any of the following decisions may appeal to the Land and         2
              Environment Court against the decision:                                                 3
              (a) a decision of an accreditation authority to refuse accreditation,                   4
              (b) a decision of an accreditation authority to refuse to renew accreditation,          5
              (c) a decision of an accreditation authority to suspend or cancel accreditation,        6
              (d) a decision of an accreditation authority to refuse to revoke a suspension of         7
                    accreditation following the making of a submission by the biosecurity certifier    8
                    under this Part, being a suspension of which the biosecurity certifier was not     9
                    given prior notice,                                                               10
              (e) a decision of an accreditation authority to impose any condition on                 11
                    accreditation, or on the suspension or cancellation of accreditation,             12
               (f) a decision of an accreditation authority to vary accreditation.                    13
       (2)    An appeal is to be made in accordance with rules of court, but may not be made more     14
              than 28 days after the date written notice of the decision is served on the person.     15
       (3)    Subject to any order made by the Land and Environment Court, an appeal does not         16
              operate to stay the decision to which the appeal relates.                               17




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Part 15 Biosecurity audits                                                                           1

Division 1          Biosecurity audits                                                               2

211   Biosecurity audits                                                                             3
             The following types of audit (each of which is a biosecurity audit) may be carried      4
             out under this Act:                                                                     5
             (a) an accreditation audit,                                                             6
             (b) a compliance audit.                                                                 7

212   Audits to be carried out by biosecurity auditor only                                           8
             A biosecurity audit may be carried out only by a biosecurity auditor.                   9

213   Biosecurity audits are mandatory                                                               10
             A biosecurity audit is mandatory when required by the Secretary or an accreditation     11
             authority under this Act.                                                               12

214   Audit target--meaning                                                                           13
             In this Part, the audit target is the person the subject of a biosecurity audit.        14

Division 2          Accreditation audits                                                             15

215   Accreditation audit                                                                            16
             An accreditation audit is an audit that is carried out for the purposes of assessing:   17
             (a) an application for the grant or renewal of, or variation to, biosecurity            18
                  registration, or                                                                   19
             (b) an application for the grant or renewal of, or variation to, accreditation as a     20
                  biosecurity certifier, or                                                          21
             (c) an application for the grant or renewal of, or variation to, appointment as a       22
                  biosecurity auditor, or                                                            23
             (d) an application for the grant or renewal of, or variation to, a permit, or           24
             (e) an application for the grant or renewal of, or variation to, approval to exercise   25
                  any of the functions of an accreditation authority under this Act.                 26

216   Who can require accreditation audit                                                            27
       (1)   The Secretary may require an accreditation audit to be carried out in relation to any   28
             of the following applications:                                                          29
             (a) an application for the grant or renewal of, or variation to, biosecurity            30
                    registration,                                                                    31
             (b) an application for the grant or renewal of, or variation to, a permit,              32
             (c) an application for the grant or renewal of, or variation to, approval to exercise   33
                    any of the functions of an accreditation authority under this Act.               34
       (2)   An accreditation authority may require an accreditation audit to be carried out in      35
             relation to any of the following applications:                                          36
              (a) an application for the grant or renewal of, or variation to, accreditation as a    37
                    biosecurity certifier that is made to the accreditation authority,               38
             (b) an application for the grant or renewal of, or variation to, appointment as a       39
                    biosecurity auditor that is made to the accreditation authority.                 40




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       (3)   An accreditation authority, other than the Secretary, must require an accreditation         1
             audit to be carried out in relation to an application if:                                   2
             (a) it is directed to do so by the Secretary, or                                            3
             (b) it is required to do so under the conditions of its approval as an accreditation        4
                    authority.                                                                           5
       (4)   A person who requires an accreditation audit is to give the audit target notice in          6
             writing of the decision to require an accreditation audit.                                  7
       (5)   A reference in this Division to the person who requires an accreditation audit is a          8
             reference to the person who requires the accreditation audit under the power                 9
             conferred by this section.                                                                  10

217   Engagement of auditor                                                                              11
       (1)   A person who requires an accreditation audit may:                                           12
             (a) engage a biosecurity auditor to carry out the audit, or                                 13
             (b) direct the audit target to engage a biosecurity auditor to carry out the audit.         14
       (2)   If the person who requires the accreditation audit directs the audit target to engage a     15
             biosecurity auditor to carry out the audit, the person may specify requirements             16
             relating to the engagement of the biosecurity auditor and the scope of the                  17
             accreditation audit.                                                                        18

218   Functions of biosecurity auditor in relation to accreditation audit                                19
       (1)   A biosecurity auditor has the following functions in connection with an accreditation       20
             audit, subject to any limitations specified in his or her instrument of engagement:         21
             (a) to assess the audit target's suitability for the grant, renewal or variation of         22
                    biosecurity registration, accreditation as a biosecurity certifier, appointment as   23
                    a biosecurity auditor, a permit or approval as an accreditation authority (as the    24
                    case requires),                                                                      25
             (b) to assess whether the audit target has the qualifications, skills, knowledge and        26
                    experience (if any) required for biosecurity registration, accreditation as a        27
                    biosecurity certifier, appointment as a biosecurity auditor, a permit or approval    28
                    as an accreditation authority (as the case requires),                                29
             (c) to assess the audit target's compliance with, and capability of complying with,         30
                    the requirements imposed or proposed to be imposed by or under this Act,             31
             (d) to report to the person who requires the accreditation audit on the biosecurity         32
                    auditor's assessment of those matters.                                               33

       (2)   A biosecurity auditor has such other functions in connection with an accreditation          34
             audit as are prescribed by the regulations or, subject to the regulations, conferred on     35
             the biosecurity auditor by his or her instrument of engagement.                             36

219   Recovery of fee for accreditation audit                                                            37
       (1)   A person who requires an accreditation audit may charge the audit target a reasonable       38
             fee for the carrying out of an accreditation audit by a biosecurity auditor engaged by      39
             the person.                                                                                 40
       (2)   If the person who requires the accreditation audit is the Secretary, the fee:               41
              (a) is a recoverable amount that is payable to the Secretary, and                          42
             (b) is recoverable from the audit target.                                                   43
             Note. See Part 20, which provides for the recovery of recoverable amounts.                  44




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       (3)   If the person who requires the accreditation audit is an accreditation authority (other      1
             than the Secretary), the fee is recoverable by the accreditation authority as a debt in      2
             a court of competent jurisdiction.                                                           3
       (4)   An audit target is responsible for any fee payable in connection with an accreditation       4
             audit conducted by a biosecurity auditor engaged by the audit target.                        5

220   Use of accreditation audit                                                                          6
             A person who requires an accreditation audit is to have regard to that accreditation         7
             audit in exercising the person's functions under this Act in relation to the audit target.   8

Division 3          Compliance audits                                                                     9

221   Compliance audit                                                                                    10
             A compliance audit is an audit that is carried out for any of the following purposes:        11
             (a) to assess compliance with, and capability of complying with, the requirements            12
                  imposed by or under this Act,                                                           13
             (b) to assess or identify any contravention or suspected contravention of the                14
                  requirements imposed by or under this Act (including any contravention or               15
                  other deficiency identified in another biosecurity audit),                              16
             (c) to identify measures for improved compliance with the requirements imposed               17
                  by or under this Act.                                                                   18

222   Who can require compliance audit                                                                    19
       (1)   The Secretary may require a compliance audit to be carried out in relation to any            20
             person at any time.                                                                          21
       (2)   An accreditation authority, other than the Secretary, may require a compliance audit         22
             to be carried out in relation to a person who is or was formerly a biosecurity certifier     23
             or biosecurity auditor at any time, but only if the accreditation authority is the           24
             responsible accreditation authority for the accreditation or appointment of the              25
             person.                                                                                      26

       (3)   A person who requires a compliance audit to be carried out is to give the audit target       27
             notice of the decision to require a compliance audit, unless the giving of notice would      28
             defeat the purpose of the audit.                                                             29

       (4)   A reference in this Division to the person who requires, or can require, a compliance        30
             audit is a reference to the person who requires, or who has power to require, the            31
             compliance audit under the power conferred by this section.                                  32

223   Decision to require compliance audit                                                                33
       (1)   A person who can require a compliance audit must, in making a decision about                 34
             whether to require the compliance audit, or the frequency of compliance audits, have         35
             regard to the following:                                                                     36
              (a) the person's audit frequency policy,                                                    37
             (b) the compliance history of the audit target,                                              38
              (c) any previous biosecurity audits carried out in relation to the audit target that        39
                   the person considers relevant (including any deficiencies identified in those          40
                   audits),                                                                               41
             (d) any information provided to the person by authorised officers about                      42
                   compliance with requirements imposed by or under this Act,                             43
              (e) any other matters the person considers relevant.                                        44




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       (2)   An accreditation authority (other than the Secretary) must require a compliance audit      1
             to be carried out in relation to a person if:                                              2
              (a) it is directed to do so by the Secretary, or                                          3
             (b) it is required to do so under the conditions of its approval as an accreditation       4
                    authority.                                                                          5
       (3)   Subsection (1) applies to a decision of the Secretary to direct an accreditation           6
             authority to require a compliance audit as if the Secretary were requiring the             7
             compliance audit.                                                                          8

224   Audit frequency policy                                                                            9
       (1)   A person who can require a compliance audit is required to adopt an audit frequency        10
             policy for the purposes of this Act.                                                       11
       (2)   An audit frequency policy may make provision for or with respect to the following          12
             matters:                                                                                   13
             (a) the frequency of compliance audits,                                                    14
             (b) any other matters that are prescribed by the regulations.                              15
       (3)   An audit frequency policy adopted by a person who can require a compliance audit           16
             (other than the Secretary) has no effect unless it has been approved in writing by the     17
             Secretary.                                                                                 18
       (4)   A person may amend or replace an audit frequency policy adopted by the person.             19
       (5)   Subsection (3) applies in relation to the amendment or replacement of an audit             20
             frequency policy in the same way as it applies to the adoption of an audit frequency       21
             policy.                                                                                    22
       (6)   However, subsection (3) does not apply to an amendment of an audit frequency               23
             policy if the person making the amendment certifies that the amendment is minor in         24
             nature or for the purpose of correcting an error.                                          25

       (7)   An audit frequency policy may apply generally or apply differently according to            26
             different factors of a specified kind, such as the following:                              27
             (a) the type of biosecurity matter involved,                                               28
             (b) the type of activity involved and the level of biosecurity risk associated with        29
                    that activity,                                                                      30
             (c) the class of biosecurity registration or accreditation involved (if any).              31
       (8)   A person who can require a compliance audit is to make the person's audit frequency        32
             policy publicly available.                                                                 33
       (9)   A reference in this Act to a person's audit frequency policy is a reference to the audit   34
             frequency policy adopted by the person or, if the person has more than one policy,         35
             the audit frequency policy that is relevant to the audit concerned.                        36

225   Engagement of auditor                                                                             37
       (1)   A person who requires a compliance audit may:                                              38
             (a) engage a biosecurity auditor to carry out the audit, or                                39
             (b) direct the audit target to engage a biosecurity auditor to carry out the audit.        40
       (2)   The person who requires the compliance audit may direct the audit target to engage         41
             a biosecurity auditor to carry out an audit only if the audit target is a biosecurity      42
             participant.                                                                               43




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       (3)   If the person who requires the compliance audit to be carried out directs the audit       1
             target to engage a biosecurity auditor to carry out the audit, the person may specify     2
             requirements relating to the engagement of the biosecurity auditor and the scope of       3
             the compliance audit.                                                                     4

226   Functions of biosecurity auditor in relation to compliance audit                                 5
       (1)   A biosecurity auditor has the following functions in connection with a compliance         6
             audit, subject to any limitations specified in his or her instrument of engagement:       7
             (a) to assess the audit target's compliance with, and capability of complying with,       8
                    the requirements imposed by or under this Act,                                     9
             (b) to assess or identify any contravention or suspected contravention of the             10
                    requirements imposed by or under this Act (including any contravention or          11
                    other deficiency identified in another biosecurity audit),                         12
             (c) to identify measures for improved compliance with the requirements imposed            13
                    by or under this Act,                                                              14
             (d) to report to the person who requires the audit on the biosecurity auditor's           15
                    assessment of those matters.                                                       16
       (2)   A biosecurity auditor has such other functions in connection with a compliance audit      17
             as are prescribed by the regulations or, subject to the regulations, conferred on the     18
             biosecurity auditor by his or her instrument of engagement.                               19

227   Recovery of fee for compliance audit                                                             20
       (1)   A person who requires a compliance audit may charge the audit target a reasonable         21
             fee for the carrying out of a compliance audit by a biosecurity auditor engaged by the    22
             person, but only if the audit target is a biosecurity participant.                        23
       (2)   If the person who requires the compliance audit is the Secretary, the fee:                24
              (a) is a recoverable amount that is payable to the Secretary, and                        25
             (b) is recoverable from the audit target.                                                 26
             Note. See Part 20, which provides for the recovery of recoverable amounts.                27
       (3)   If the person who requires the compliance audit is an accreditation authority (other      28
             than the Secretary), the fee is recoverable by the accreditation authority as a debt in   29
             a court of competent jurisdiction.                                                        30
       (4)   An audit target is responsible for any fee payable in connection with a compliance        31
             audit conducted by a biosecurity auditor engaged by the audit target.                     32

228   Use of compliance audit                                                                          33
             A person who requires a compliance audit is to have regard to that compliance audit       34
             in exercising the person's functions under this Act in relation to the audit target.      35

Division 4          Functions of biosecurity auditor                                                   36

229   General functions                                                                                37
             A biosecurity auditor has the following functions:                                        38
             (a) carrying out biosecurity audits,                                                      39
             (b) any other functions conferred by or under this Act.                                   40

230   Entry to premises                                                                                41
       (1)   A biosecurity auditor who is an authorised officer may exercise his or her functions      42
             as a biosecurity auditor on premises entered under Part 8.                                43



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       (2)   A biosecurity auditor who is not an authorised officer may accompany an authorised                 1
             officer who enters premises under Part 8 for the purpose of exercising the biosecurity             2
             auditor's functions as a biosecurity auditor.                                                      3
       (3)   This section does not prevent a biosecurity auditor from:                                          4
             (a) entering or remaining on any premises, or doing anything else on premises,                     5
                   with the consent of the occupier of the premises, or                                         6
             (b) entering or remaining in any public place while that place is open to the public.              7
             Note. Failure to consent to entry by a biosecurity auditor, or to co-operate with a biosecurity     8
             audit, may constitute a contravention of conditions of biosecurity registration, a permit,          9
             accreditation as a biosecurity certifier, appointment as a biosecurity auditor or approval as an   10
             accreditation authority.                                                                           11

231   Use of assistants                                                                                         12
             A biosecurity auditor exercising a function conferred by or under this Act may                     13
             exercise the function with the assistance of such other persons as the biosecurity                 14
             auditor considers necessary, subject to any conditions of appointment as a                         15
             biosecurity auditor.                                                                               16

232   Reporting requirements                                                                                    17
       (1)   A biosecurity auditor must prepare a written report about each biosecurity audit.                  18
       (2)   A copy of the report must be submitted:                                                            19
             (a) to the person who required the audit to be carried out, and                                    20
             (b) to the audit target.                                                                           21
       (3)   The report must be submitted within 21 days after completion of the biosecurity audit              22
             or, if another period is prescribed by the regulations, within the prescribed period.              23
       (4)   The report must indicate the biosecurity auditor's opinion as to the following:                    24
             (a) whether or not the audit target is complying, and capable of complying, with                   25
                   the requirements imposed by or under this Act,                                               26
             (b) the requirements imposed by or under this Act that the audit target is not                     27
                   complying with or not capable of complying with,                                             28
             (c) if the biosecurity audit indicates contraventions of the requirements imposed                  29
                   by or under this Act or other deficiencies:                                                  30
                    (i) the nature of those contraventions or other deficiencies, and                           31
                   (ii) the actions that are required to remedy those contraventions or                         32
                          deficiencies,                                                                         33
             (d) if a previous biosecurity audit has indicated contraventions or other                          34
                   deficiencies, the actions (if any) that have been taken to remedy those                      35
                   contraventions or other deficiencies.                                                        36
       (5)   An accreditation authority must provide to the Secretary a copy of the report                      37
             submitted to the accreditation authority if directed to do so by the Secretary.                    38
       (6)   The regulations may require further matters to be included in the report.                          39

233   Certain matters to be reported immediately                                                                40
       (1)   A biosecurity auditor must report to the Secretary if, during a biosecurity audit, the             41
             biosecurity auditor becomes aware of, or suspects, any of the following occurrences:               42
             (a) any instance of critical non-compliance by the audit target,                                   43
             (b) that a biosecurity certificate has been issued that is false or misleading in a                44
                   material particular,                                                                         45



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              (c)   that a person is in possession of biosecurity matter in contravention of a         1
                    requirement imposed by or under this Act,                                          2
              (d)   any occurrence of a kind prescribed by the regulations.                            3
       (2)   The report must be given orally to the Secretary as soon as possible but in any case      4
             within 24 hours after the biosecurity auditor becomes aware of the matter.                5
       (3)   A biosecurity auditor must give the Secretary a copy of the report in writing within      6
             5 days of becoming aware of the matter.                                                   7
       (4)   The requirement imposed by this section is taken to be a condition of appointment as      8
             a biosecurity auditor.                                                                    9

Division 5          Offences relating to biosecurity audits                                            10

234   Obstruction of biosecurity auditor                                                               11
       (1)   A person who obstructs or hinders a biosecurity auditor in the exercise of the            12
             biosecurity auditor's functions under this Act is guilty of an offence.                   13
       (2)   An offence against subsection (1) is a category 2 offence.                                14
       (3)   A person does not obstruct or hinder a biosecurity auditor by refusing permission to      15
             enter or remain on premises, unless:                                                      16
             (a) the biosecurity auditor has the power under this Act to enter and remain on           17
                    those premises because the biosecurity auditor is an authorised officer or is in   18
                    the company of an authorised officer, or                                           19
             (b) the biosecurity auditor enters the premises under the power conferred by a            20
                    search warrant.                                                                    21
       (4)   However, any such refusal may constitute a contravention of the conditions of             22
             biosecurity registration, a permit, accreditation as a biosecurity certifier,             23
             appointment as a biosecurity auditor or approval as an accreditation authority.           24

235   Provision of false or misleading information to biosecurity auditor                              25
       (1)   A person who, in connection with a biosecurity audit, furnishes any information to a      26
             biosecurity auditor that the person knows to be false or misleading in a material         27
             particular is guilty of an offence.                                                       28
       (2)   An offence against this section is a category 2 offence.                                  29
       (3)   In this section:                                                                          30
             biosecurity auditor includes a person acting on behalf of a biosecurity auditor.          31




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Part 16 Appointment of biosecurity auditors                                                             1

Division 1          Appointment of biosecurity auditors                                                 2

236   Appointment of auditors by accreditation authority                                                3
             An accreditation authority may, by instrument in writing, appoint any person as a          4
             biosecurity auditor, subject to this Act.                                                  5

237   Appointment policy                                                                                6
       (1)   An accreditation authority that has the power to appoint biosecurity auditors is           7
             required to adopt an appointment policy for the purposes of this Act.                      8
       (2)   An appointment policy may make provision for or with respect to the following               9
             matters:                                                                                   10
             (a) the qualifications, skills, knowledge and experience required for appointment          11
                   as a biosecurity auditor by the accreditation authority,                             12
             (b) any other matters prescribed by the regulations.                                       13
       (3)   An accreditation authority is to make the appointment policy publicly available.           14
       (4)   An appointment policy adopted by an accreditation authority (other than the                15
             Secretary) has no effect unless it has been approved by the Secretary.                     16
       (5)   An accreditation authority may amend or replace an appointment policy adopted by           17
             the accreditation authority.                                                               18
       (6)   Subsection (4) applies in relation to the amendment or replacement of an                   19
             appointment policy in the same way as it applies to the adoption of an appointment         20
             policy.                                                                                    21
       (7)   However, subsection (4) does not apply to an amendment of an appointment policy            22
             if the accreditation authority certifies that the amendment:                               23
              (a) is minor in nature or for the purpose of correcting an error, or                      24
             (b) is necessary to reflect a change of a course (including a continuing                   25
                     professional development course) or qualification or of the provider of a          26
                     course or qualification.                                                           27
       (8)   An accreditation authority may adopt different appointment policies for different          28
             types of biosecurity auditors or biosecurity audits.                                       29
       (9)   A reference in this Act to an accreditation authority's appointment policy is a            30
             reference to the appointment policy as adopted by the accreditation authority, being,      31
             if the authority has more than one policy, the appointment policy that is relevant to      32
             the appointment or type of appointment concerned.                                          33

238   Effect of appointment                                                                             34
       (1)   A biosecurity auditor is authorised by his or her appointment to conduct biosecurity       35
             audits.                                                                                    36
       (2)   The authorisation is subject to any conditions or limitations specified in his or her      37
             instrument of appointment.                                                                 38
       (3)   In particular, the authorisation may be limited to a specified class of biosecurity        39
             audit.                                                                                     40
       (4)   Nothing in this Act authorises or requires a biosecurity auditor to act in contravention   41
             of the conditions or limitations of his or her appointment as a biosecurity auditor.       42




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239   Responsible accreditation authority                                                              1
       (1)   An accreditation authority that appoints a person as a biosecurity auditor is the         2
             responsible accreditation authority in relation to that appointment.                      3
       (2)   An accreditation authority ceases to be the responsible accreditation authority in        4
             relation to an appointment if the appointment is renewed by another accreditation         5
             authority. In that case, the accreditation authority that renews the appointment          6
             becomes the responsible accreditation authority in relation to the appointment.           7

       (3)   The Secretary is entitled, but is not required, to exercise any of the functions of the    8
             responsible accreditation authority in relation to an appointment granted or renewed       9
             by an accreditation authority.                                                            10

       (4)   If an accreditation authority ceases to be an accreditation authority in relation to      11
             appointments generally or any class of appointments, the functions of the responsible     12
             accreditation authority in relation to any appointment or class of appointments that      13
             has already been granted or renewed by that accreditation authority may be exercised      14
             by:                                                                                       15
              (a) any accreditation authority approved by the Secretary to exercise the functions      16
                    of the accreditation authority in respect of the appointment or class of           17
                    appointments concerned, or                                                         18
             (b) if no accreditation authority has been so approved, the Secretary.                    19

240   Approval of authorised officer to exercise functions of biosecurity auditor                      20
       (1)   The Secretary may, by instrument in writing, approve any authorised officer to            21
             exercise any specified function or functions of a biosecurity auditor.                    22
       (2)   An approval may apply to a specified authorised officer or to any specified class of      23
             authorised officers.                                                                      24
       (3)   An approval may be unconditional, or subject to conditions or limitations.                25
       (4)   An approval has effect for the period specified in the instrument of approval or, if no   26
             period is specified, until revoked by the Secretary.                                      27
       (5)   The Secretary may, by instrument in writing, revoke or amend an approval under this       28
             section at any time.                                                                      29
       (6)   The approval of a person as a biosecurity auditor under this section ceases to be in      30
             force if the person ceases to be an authorised officer.                                   31
       (7)   A person approved to exercise the functions of a biosecurity auditor under this           32
             section is taken to be a biosecurity auditor.                                             33
       (8)   Nothing in this Act authorises or requires the person to act in contravention of the      34
             conditions or limitations of his or her approval to exercise the functions of a           35
             biosecurity auditor.                                                                      36

Division 2          Appointment procedure                                                              37

241   Application for appointment                                                                      38
       (1)   A person may apply to an accreditation authority for appointment as a biosecurity         39
             auditor.                                                                                  40
       (2)   An application must:                                                                      41
             (a) be in a form approved by the accreditation authority, and                             42
             (b) include or be accompanied by any information or evidence of a kind                    43
                  prescribed by the regulations, and                                                   44




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              (c)   include or be accompanied by any other information or evidence that the              1
                    accreditation authority reasonably requires to assess the application.               2
       (3)   The accreditation authority may require a fee to be paid for an application for             3
             appointment.                                                                                4
       (4)   The accreditation authority may require the application fee to accompany the                5
             application.                                                                                6
       (5)   The amount of the application fee is:                                                       7
             (a) if the accreditation authority is the Secretary--the amount provided for by the          8
                  regulations, or                                                                        9
             (b) in any other case--the amount required by the accreditation authority.                   10

242   Grant or refusal of appointment                                                                    11
       (1)   The accreditation authority may, on application, grant or refuse appointment as a           12
             biosecurity auditor.                                                                        13
       (2)   The accreditation authority may refuse appointment as a biosecurity auditor:                14
             (a) if the application for appointment does not comply with a requirement                   15
                   imposed by or under this Act, or                                                      16
             (b) if the accreditation authority is not satisfied that the applicant has the              17
                   qualifications, skills, knowledge and experience required for appointment by          18
                   the accreditation authority's appointment policy, or                                  19
             (c) if the accreditation authority is of the opinion that the applicant is not a suitable   20
                   person to be appointed as a biosecurity auditor, or                                   21
             (d) on any other grounds prescribed by the regulations.                                     22
       (3)   A decision about the suitability of a person for appointment may be made having             23
             regard to any of the following:                                                             24
              (a) the fact that the applicant has been found guilty of an offence under this Act         25
                   or the regulations, or an offence under any other Act or law,                         26
             (b) an accreditation audit,                                                                 27
              (c) any other matter prescribed by the regulations,                                        28
             (d) any other circumstances that the accreditation authority considers relevant.            29
       (4)   The accreditation authority is to give the applicant notice in writing of a decision to     30
             grant or refuse appointment.                                                                31
       (5)   An accreditation authority that fails to give an applicant for appointment notice of a      32
             decision to grant or refuse appointment within the period prescribed by the                 33
             regulations is taken to have refused appointment.                                           34

243   Duration of appointment                                                                            35
       (1)   An appointment as a biosecurity auditor that is made under this Part remains in force       36
             for a period (not exceeding 5 years) specified by the accreditation authority in any        37
             notice by which appointment is granted or renewed, unless sooner cancelled.                 38
       (2)   The appointment has no effect during any period in which the appointment is                 39
             suspended.                                                                                  40

244   Variation of appointment                                                                           41
       (1)   The responsible accreditation authority may, at any time, by notice in writing to a         42
             person who has been appointed as a biosecurity auditor, vary the appointment of the         43




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             person (including any conditions of appointment imposed by an accreditation                 1
             authority).                                                                                 2
       (2)   A variation includes the imposition of new conditions on an appointment, the                3
             substitution of a condition, or the omission or amendment of a condition.                   4
       (3)   The regulations may make further provision for the variation of an appointment,             5
             including:                                                                                  6
              (a) applications for variation, and                                                        7
             (b) fees for applications for variation.                                                    8

Division 3          Renewal of appointment                                                               9

245   Application for renewal of appointment                                                             10
       (1)   A biosecurity auditor may apply to an accreditation authority for renewal of                11
             appointment as a biosecurity auditor.                                                       12
       (2)   An application must:                                                                        13
             (a) be in a form approved by the accreditation authority, and                               14
             (b) include or be accompanied by any information or evidence of a kind                      15
                  prescribed by the regulations, and                                                     16
             (c) include or be accompanied by any other information or evidence that the                 17
                  accreditation authority reasonably requires to assess the application.                 18

       (3)   The accreditation authority may require a fee to be paid for an application for renewal     19
             of appointment.                                                                             20

       (4)   The accreditation authority may require the application fee to accompany the                21
             application.                                                                                22
       (5)   The amount of the application fee is:                                                       23
             (a) if the accreditation authority is the Secretary--the amount provided for by the          24
                  regulations, or                                                                        25
             (b) in any other case--the amount required by the accreditation authority.                   26
       (6)   If an application for renewal of appointment as a biosecurity auditor is duly made to       27
             the responsible accreditation authority before the expiry of the appointment, the           28
             appointment is taken to continue in force until the accreditation authority notifies the    29
             applicant of a decision to grant or refuse the application.                                 30

246   Grant or refusal of renewal application                                                            31
       (1)   An accreditation authority may, on application, renew or refuse to renew                    32
             appointment as a biosecurity auditor.                                                       33
       (2)   An accreditation authority may refuse to renew appointment as a biosecurity auditor:        34
             (a) if the application for renewal of appointment does not comply with any                  35
                   requirement imposed by or under this Act, or                                          36
             (b) if the accreditation authority is not satisfied that the applicant has the              37
                   qualifications, skills, knowledge and experience required for appointment             38
                   under the accreditation authority's appointment policy, or                            39
             (c) if the accreditation authority is of the opinion that the applicant is not a suitable   40
                   person to be appointed as a biosecurity auditor, or                                   41
             (d) on any grounds prescribed by the regulations.                                           42




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       (3)   A decision about the suitability of a person for appointment may be made having           1
             regard to any of the following:                                                           2
              (a) the fact that the applicant has been found guilty of an offence under this Act       3
                   or the regulations, or an offence under any other Act or law,                       4
             (b) any biosecurity audit relating to the person,                                         5
              (c) any other matter prescribed by the regulations,                                      6
             (d) any other circumstances that the accreditation authority considers relevant.          7
       (4)   An accreditation authority is to give the applicant notice in writing of a decision to    8
             grant or refuse renewal of appointment as a biosecurity auditor.                          9
       (5)   An accreditation authority that fails to give an applicant for renewal of appointment     10
             as a biosecurity auditor notice of a decision to grant or refuse the application within   11
             the period prescribed by the regulations is taken to have refused to renew the            12
             appointment.                                                                              13

Division 4          Conditions of appointment as biosecurity auditor                                   14

247   Conditions of appointment                                                                        15
       (1)   Appointment as a biosecurity auditor is subject to the following conditions:              16
             (a) any conditions prescribed by the regulations,                                         17
             (b) any conditions imposed by the responsible accreditation authority.                    18
       (2)   The responsible accreditation authority may impose conditions on appointment as a         19
             biosecurity auditor:                                                                      20
             (a) at the time of the appointment or renewal of appointment, or                          21
             (b) at any other time by variation to the appointment.                                    22

Division 5          Suspension or cancellation of appointment                                          23

248   Grounds for suspension or cancellation of appointment                                            24
       (1)   Each of the following constitutes grounds for suspending or cancelling appointment        25
             as a biosecurity auditor:                                                                 26
             (a) the accreditation authority is of the opinion that the biosecurity auditor has        27
                    contravened a requirement imposed by or under this Act,                            28
             (b) the accreditation authority is not satisfied that the biosecurity auditor has the     29
                    qualifications, skills, knowledge and experience required by the accreditation     30
                    authority's appointment policy,                                                    31
             (c) the accreditation authority is of the opinion that the biosecurity auditor is not     32
                    a suitable person to be appointed as a biosecurity auditor,                        33
             (d) the accreditation authority receives information about the biosecurity auditor        34
                    and the accreditation authority is of the opinion that, had the information been   35
                    received at the time when the application for appointment or renewal of the        36
                    appointment was made, it would have refused the application,                       37
             (e) any other grounds prescribed by the regulations.                                      38
       (2)   A decision about the suitability of a person for appointment may be made having           39
             regard to any of the following:                                                           40
              (a) the fact that the biosecurity auditor has been found guilty of an offence under      41
                   this Act or the regulations, or an offence under any other Act or law,              42
             (b) a biosecurity audit in relation to the biosecurity auditor,                           43




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              (c)   any matter prescribed by the regulations,                                           1
              (d)   any other circumstances that the accreditation authority considers relevant.        2
       (3)   In this Division:                                                                          3
             biosecurity auditor includes a former biosecurity auditor.                                 4

249   Suspension of appointment                                                                         5
       (1)   The responsible accreditation authority may, by notice in writing to a biosecurity         6
             auditor, suspend the appointment of the biosecurity auditor if there are grounds for       7
             the suspension of the appointment.                                                         8
       (2)   Notice of the suspension must specify:                                                     9
             (a) the date or time from which the suspension takes effect, and                           10
             (b) the period of suspension, and                                                          11
             (c) the grounds for the suspension.                                                        12

250   Biosecurity auditor to be given opportunity to make submissions about suspension                  13
       (1)   Before suspending the appointment of a biosecurity auditor, an accreditation               14
             authority must:                                                                            15
             (a) give notice in writing to the biosecurity auditor of the accreditation authority's     16
                   intention to suspend the appointment and the proposed grounds for doing so,          17
                   and                                                                                  18
             (b) invite the biosecurity auditor to make a submission to the accreditation               19
                   authority about the proposed suspension, and                                         20
             (c) take into account any submission made to the accreditation authority by the            21
                   biosecurity auditor before the deadline for the making of a submission.              22
       (2)   An accreditation authority is to specify a deadline for the making of a submission to      23
             the accreditation authority about the proposed suspension that is at least 30 days after   24
             notice of the proposed suspension is given to the biosecurity auditor.                     25

251   Cancellation of appointment                                                                       26
       (1)   The responsible accreditation authority may, by notice in writing to a biosecurity         27
             auditor, cancel the appointment of the biosecurity auditor if:                             28
             (a) the responsible accreditation authority is satisfied that there are grounds for the    29
                   cancellation of the appointment, or                                                  30
             (b) the biosecurity auditor applies for cancellation of the appointment.                   31
       (2)   Notice of the cancellation must specify:                                                   32
             (a) the date or time from which cancellation takes effect, and                             33
             (b) the grounds for the cancellation.                                                      34

252   Biosecurity auditor to be given opportunity to make submissions about cancellation                35
       (1)   Before cancelling the appointment of a biosecurity auditor, an accreditation authority     36
             must:                                                                                      37
             (a) give notice in writing to the biosecurity auditor of the accreditation authority's     38
                   intention to cancel the appointment and the proposed grounds for doing so, and       39
             (b) invite the biosecurity auditor to make a submission to the accreditation               40
                   authority about the proposed cancellation, and                                       41
             (c) take into account any submission made to the accreditation authority by the            42
                   biosecurity auditor before the deadline for the making of a submission.              43



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       (2)   The accreditation authority must specify a deadline for the making of a submission        1
             to the accreditation authority about the proposed cancellation that is at least 30 days   2
             after notice of the proposed cancellation is given to the biosecurity auditor.            3
       (3)   An accreditation authority is not required to give notice under this section of a         4
             proposed cancellation if:                                                                 5
             (a) the appointment of the biosecurity auditor is suspended, or                           6
             (b) the biosecurity auditor has applied for cancellation of the appointment.              7

253   Effect of suspension or cancellation on conditions                                               8
       (1)   Appointment as a biosecurity auditor may be suspended or cancelled unconditionally         9
             or subject to such conditions as the accreditation authority imposes.                     10
       (2)   Those conditions may include (but are not limited to) any conditions to which the         11
             appointment was subject immediately before it was suspended or cancelled.                 12
       (3)   The accreditation authority may, by notice in writing given to the former biosecurity     13
             auditor, attach new conditions to, or vary or revoke any existing conditions of, the      14
             suspension or cancellation of the appointment.                                            15

Division 6          Miscellaneous                                                                      16

254   Offence of contravening conditions of appointment                                                17
       (1)   A biosecurity auditor or former biosecurity auditor who contravenes a condition of        18
             appointment imposed by or under this Part is guilty of an offence.                        19
       (2)   An offence against this section is a category 2 offence.                                  20
       (3)   A person who is guilty of an offence against this section because the person              21
             contravenes a requirement of a condition of appointment to do or refrain from doing       22
             something:                                                                                23
             (a) continues, until the requirement is complied with and despite the fact that any       24
                   specified period or time for compliance has expired or passed, to be liable to      25
                   comply with the requirement, and                                                    26
             (b) is guilty of a continuing offence for each day the contravention continues.           27
       (4)   Subsection (3) does not apply to the extent that a requirement of a condition is          28
             revoked.                                                                                  29

255   Impersonation of biosecurity auditor                                                             30
       (1)   A person who impersonates a biosecurity auditor is guilty of an offence.                  31
       (2)   An offence against this section is a category 2 offence.                                  32

256   Appeal to Land and Environment Court                                                             33
       (1)   A person aggrieved by any of the following decisions may appeal to the Land and           34
             Environment Court against the decision:                                                   35
             (a) a decision of an accreditation authority to refuse appointment as a biosecurity       36
                   auditor,                                                                            37
             (b) a decision of an accreditation authority to refuse to renew appointment as a          38
                   biosecurity auditor,                                                                39
             (c) a decision of an accreditation authority to suspend or cancel an appointment as       40
                   a biosecurity auditor,                                                              41




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              (d)   a decision of an accreditation authority to impose any condition on                1
                    appointment as a biosecurity auditor, or on the suspension or cancellation of      2
                    an appointment as a biosecurity auditor,                                           3
              (e)   a decision of an accreditation authority to vary an appointment as a biosecurity   4
                    auditor.                                                                           5
       (2)   An appeal is to be made in accordance with rules of court, but may not be made more       6
             than 28 days after the date written notice of the decision is served on the person.       7
       (3)   Subject to any order made by the Land and Environment Court, an appeal does not           8
             operate to stay the decision to which the appeal relates.                                 9




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Part 17 Accreditation authorities                                                                        1

Division 1           Accreditation authorities                                                           2

257    Accreditation authority--meaning                                                                   3
       (1)    For the purposes of this Act, an accreditation authority means:                            4
              (a) the Secretary, or                                                                      5
              (b) a person for the time being approved by the Secretary under this Part to               6
                    exercise the functions of an accreditation authority.                                7
       (2)    A reference in this Act to an accreditation authority, in relation to any function of an    8
              accreditation authority, includes a reference to a person approved by the Secretary to      9
              exercise the functions of an accreditation authority only if the accreditation authority   10
              is approved to exercise the function concerned.                                            11

258    Approval of accreditation authority to exercise functions                                         12
       (1)    The Secretary may, by instrument in writing, approve any person to exercise the            13
              functions of an accreditation authority in relation to any of the following:               14
               (a) accreditation of biosecurity certifiers under this Act,                               15
              (b) appointment of biosecurity auditors under this Act.                                    16
       (2)    Approval may be unconditional, or subject to conditions or limitations.                    17
       (3)    In particular, an approval may be limited to accreditation in respect of:                  18
               (a) a specified class of biosecurity certificates or biosecurity certifiers, or           19
              (b) a specified class of biosecurity auditors or biosecurity audits.                       20

259    Effect of approval                                                                                21
       (1)    A person who is approved to exercise the functions of an accreditation authority may       22
              exercise those functions in accordance with this Act.                                      23
       (2)    Nothing in this Act authorises or requires an accreditation authority to act in            24
              contravention of the conditions or limitations of the accreditation authority's            25
              approval as an accreditation authority.                                                    26

Division 2           Approval procedure                                                                  27

260    Application for approval                                                                          28
       (1)    A person may apply to the Secretary for approval to exercise the functions of an           29
              accreditation authority.                                                                   30
       (2)    An application must:                                                                       31
              (a) be in an approved form, and                                                            32
              (b) include or be accompanied by any information or evidence of a kind                     33
                   prescribed by the regulations, and                                                    34
              (c) include or be accompanied by any other information or evidence that the                35
                   Secretary reasonably requires to assess the application.                              36
       (3)    The regulations may provide for a fee to be paid for an application for the grant of       37
              approval.                                                                                  38
       (4)    The Secretary may require the fee to accompany the application.                            39




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261    Grant or refusal of approval                                                                       1
       (1)    The Secretary may, on application, grant or refuse approval to exercise the functions       2
              of an accreditation authority.                                                              3
       (2)    The Secretary may refuse approval to exercise the functions of an accreditation             4
              authority:                                                                                  5
              (a) if the application for approval does not comply with any requirement imposed            6
                    by or under this Act, or                                                              7
              (b) if the Secretary is of the opinion that the applicant is not a suitable person to       8
                    be approved as an accreditation authority, or                                         9
              (c) on any other grounds prescribed by the regulations.                                     10

       (3)    A decision about the suitability of a person for approval may be made having regard         11
              to any of the following:                                                                    12
               (a) the fact that the applicant has been found guilty of an offence under this Act         13
                    or the regulations, or an offence under any other Act or law,                         14
              (b) an accreditation audit,                                                                 15
               (c) any matter prescribed by the regulations,                                              16
              (d) any other circumstances that the Secretary considers relevant.                          17
       (4)    The Secretary is to give the applicant notice in writing of a decision to grant or refuse   18
              approval.                                                                                   19
       (5)    If the Secretary fails to give an applicant for approval notice of a decision to grant or   20
              refuse approval within the period prescribed by the regulations, the Secretary is taken     21
              to have refused approval.                                                                   22

262    Duration of approval                                                                               23
       (1)    An approval to exercise the functions of an accreditation authority remains in force        24
              for a period (not exceeding 5 years) specified by the Secretary in the notice by which      25
              approval is granted or renewed, unless sooner cancelled.                                    26

       (2)    Approval has no effect during any period in which the approval is suspended.                27

263    Variation of approval                                                                              28
       (1)    The Secretary may, at any time, by notice in writing to a person who has been               29
              approved to exercise the functions of an accreditation authority, vary the approval of      30
              the person (including any conditions of approval imposed by the Secretary).                 31
       (2)    A variation includes the imposition of new conditions on an approval, the                   32
              substitution of a condition, or the omission or amendment of a condition.                   33

       (3)    The regulations may make further provision for the variation of approval, including:        34
              (a) applications for variation, and                                                         35
              (b) fees for applications for variation.                                                    36

Division 3           Renewal of approval                                                                  37

264    Application for renewal of approval                                                                38
       (1)    An accreditation authority may apply to the Secretary for renewal of approval to            39
              exercise the functions of an accreditation authority.                                       40
       (2)    An application must:                                                                        41
              (a) be in an approved form, and                                                             42




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              (b)    include or be accompanied by any information or evidence of a kind                  1
                     prescribed by the regulations, and                                                  2
              (c)    include or be accompanied by any other information or evidence that the             3
                     Secretary reasonably requires to assess the application.                            4
       (3)    The regulations may provide for a fee for an application for the renewal of approval.      5
       (4)    The Secretary may require the fee to accompany the application.                            6
       (5)    If an application for renewal of approval is duly made to the Secretary before the         7
              expiry of approval, approval is taken to continue in force until the Secretary notifies    8
              the applicant of a decision to grant or refuse the application.                            9

265    Grant or refusal of renewal application                                                           10
       (1)    The Secretary may, on application, renew or refuse to renew an approval to exercise        11
              the functions of an accreditation authority.                                               12
       (2)    The Secretary may refuse to renew an approval to exercise the functions of an              13
              accreditation authority:                                                                   14
              (a) if the application for renewal of approval does not comply with any                    15
                    requirement imposed by or under this Act, or                                         16
              (b) if the Secretary is of the opinion that the applicant is not a suitable person to      17
                    be approved as an accreditation authority, or                                        18
              (c) on any other grounds prescribed by the regulations.                                    19

       (3)    A decision about the suitability of a person for approval may be made having regard        20
              to any of the following:                                                                   21
               (a) the fact that the applicant has been found guilty of an offence under this Act        22
                    or the regulations, or an offence under any other Act or law,                        23
              (b) any biosecurity audit relating to the person,                                          24
               (c) any other matter prescribed by the regulations,                                       25
              (d) any other circumstances that the Secretary considers relevant.                         26
       (4)    The Secretary is to give the applicant notice in writing of a decision to renew or         27
              refuse to renew an approval.                                                               28
       (5)    If the Secretary fails to give an applicant for renewal of approval notice of a decision   29
              to renew or refuse to renew an approval within the period prescribed by the                30
              regulations, the Secretary is taken to have refused to renew the approval.                 31

Division 4           Conditions of approval                                                              32

266    Conditions of approval                                                                            33
       (1)    An approval to exercise the functions of an accreditation authority is subject to the      34
              following conditions:                                                                      35
               (a) any conditions prescribed by the regulations,                                         36
              (b) any conditions imposed by the Secretary.                                               37
       (2)    The Secretary may impose conditions on an approval:                                        38
              (a) at the time of the grant or renewal of the approval, or                                39
              (b) at any other time by variation to the approval.                                        40




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Division 5           Suspension or cancellation of approval                                             1

267    Grounds for suspension or cancellation of approval                                               2
       (1)    Each of the following constitutes grounds for suspending or cancelling approval to        3
              exercise the functions of an accreditation authority:                                     4
              (a) the Secretary is of the opinion that the accreditation authority has contravened      5
                    a requirement imposed by or under this Act,                                         6
              (b) the Secretary is of the opinion that the accreditation authority is not a suitable    7
                    person to be approved to exercise the functions of an accreditation authority,      8
              (c) the Secretary receives information about the accreditation authority and the           9
                    Secretary is of the opinion that, had the information been received at the time     10
                    when the application for approval or renewal of the approval was made, the          11
                    Secretary would have refused the application,                                       12
              (d) any other grounds prescribed by the regulations.                                      13
       (2)    A decision about the suitability of a person for approval may be made having regard       14
              to any of the following:                                                                  15
               (a) the fact that the accreditation authority has been found guilty of an offence        16
                    under this Act or the regulations, or an offence under any other Act or law,        17
              (b) a biosecurity audit,                                                                  18
               (c) any matter prescribed by the regulations,                                            19
              (d) any other circumstances that the Secretary considers relevant.                        20
       (3)    In this Division:                                                                         21
              accreditation authority includes a former accreditation authority.                        22

268    Suspension of approval                                                                           23
       (1)    The Secretary may, by notice in writing to an accreditation authority, suspend            24
              approval to exercise the functions of an accreditation authority if there are grounds     25
              for the suspension of approval.                                                           26
       (2)    Notice of the suspension must specify:                                                    27
              (a) the date or time from which suspension takes effect, and                              28
              (b) the period of suspension, and                                                         29
              (c) the grounds for the suspension.                                                       30

269    Accreditation authority to be given opportunity to make submissions about                        31
       suspension                                                                                       32
       (1)    Before suspending an approval to exercise the functions of an accreditation authority,    33
              the Secretary must:                                                                       34
               (a) give notice in writing to the accreditation authority of the Secretary's intention   35
                    to suspend approval and the proposed grounds for doing so, and                      36
              (b) invite the accreditation authority to make a submission to the Secretary about        37
                    the proposed suspension, and                                                        38
               (c) take into account any submission made to the Secretary by the accreditation          39
                    authority before the deadline for the making of a submission.                       40
       (2)    The Secretary is to specify a deadline for the making of a submission to the Secretary    41
              about the proposed suspension that is at least 30 days after the notice is given to the   42
              accreditation authority.                                                                  43




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270    Cancellation of approval                                                                           1
       (1)    The Secretary may, by notice in writing to an accreditation authority, cancel approval      2
              to exercise the functions of an accreditation authority if:                                 3
               (a) the Secretary is satisfied that there are grounds for the cancellation of              4
                     approval, or                                                                         5
              (b) the accreditation authority applies for cancellation of approval.                       6
       (2)    Notice of the cancellation must specify:                                                    7
              (a) the date or time from which cancellation takes effect, and                              8
              (b) the grounds for the cancellation.                                                       9

271    Accreditation authority to be given opportunity to make submissions about                          10
       cancellation                                                                                       11
       (1)    Before cancelling an approval to exercise the functions of an accreditation authority,      12
              the Secretary must:                                                                         13
               (a) give notice in writing to the accreditation authority of the Secretary's intention     14
                    to cancel approval and the proposed grounds for doing so, and                         15
              (b) invite the accreditation authority to make a submission to the Secretary about          16
                    the proposed cancellation, and                                                        17
               (c) take into account any submission made to the Secretary by the accreditation            18
                    authority before the deadline for the making of a submission.                         19
       (2)    The Secretary is to specify a deadline for the making of a submission to the Secretary      20
              about the proposed cancellation that is at least 30 days after the notice is given to the   21
              accreditation authority.                                                                    22
       (3)    The Secretary is not required to give notice under this section of a proposed               23
              cancellation if:                                                                            24
              (a) the approval of the accreditation authority is suspended, or                            25
              (b) the accreditation authority has applied for cancellation of approval.                   26

272    Effect of suspension or cancellation on conditions                                                 27
       (1)    An approval to exercise the functions of an accreditation authority may be suspended        28
              or cancelled unconditionally or subject to such conditions as the Secretary imposes.        29
       (2)    Those conditions may include (but are not limited to) any conditions to which the           30
              approval was subject immediately before it was suspended or cancelled.                      31
       (3)    The Secretary may, by notice in writing given to the former accreditation authority,        32
              attach new conditions to, or vary or revoke any existing conditions of, the suspension      33
              or cancellation of the approval.                                                            34

Division 6           Miscellaneous                                                                        35

273    Offence of contravening conditions of approval                                                     36
       (1)    An accreditation authority or former accreditation authority who contravenes a              37
              condition of an approval imposed by or under this Part is guilty of an offence.             38
       (2)    An offence against this section is a category 2 offence.                                    39
       (3)    A person who is guilty of an offence against this section because the person                40
              contravenes a requirement of a condition of an approval to do or refrain from doing         41
              something:                                                                                  42




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              (a)    continues, until the requirement is complied with and despite the fact that any   1
                     specified period or time for compliance has expired or passed, to be liable to    2
                     comply with the requirement, and                                                  3
              (b)    is guilty of a continuing offence for each day the contravention continues.       4
       (4)    Subsection (3) does not apply to the extent that a requirement of a condition is         5
              revoked.                                                                                 6

274    Appeal to Land and Environment Court                                                            7
       (1)    A person aggrieved by any of the following decisions may appeal to the Land and          8
              Environment Court against the decision:                                                  9
              (a) a decision of the Secretary to refuse approval as an accreditation authority,        10
              (b) a decision of the Secretary to refuse to renew approval as an accreditation          11
                    authority,                                                                         12
              (c) a decision of the Secretary to suspend or cancel approval as an accreditation        13
                    authority,                                                                         14
              (d) a decision of the Secretary to impose any condition on the grant of approval as      15
                    an accreditation authority, or on the suspension or cancellation of an approval,   16
              (e) a decision of the Secretary to vary approval as an accreditation authority.          17
       (2)    An appeal is to be made in accordance with rules of court, but may not be made more      18
              than 28 days after the date written notice of the decision is served on the person.      19
       (3)    Subject to any order made by the Land and Environment Court, an appeal does not          20
              operate to stay the decision to which the appeal relates.                                21

275    Disclosure of information                                                                       22
              An accreditation authority is authorised to disclose to the Secretary any information    23
              (including personal information within the meaning of the Privacy and Personal           24
              Information Protection Act 1998) obtained by the accreditation authority in the          25
              exercise of functions under this Act.                                                    26




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Part 18 Offences and criminal proceedings                                                              1

Division 1         Criminal proceedings generally                                                      2

276   Maximum penalty for category 1 offence                                                           3
             The maximum penalty for a category 1 offence is:                                          4
             (a) in the case of an individual--$1,100,000 or imprisonment for 3 years, or both,         5
                  and, in the case of a continuing offence, a further penalty of $137,500 for each     6
                  day the offence continues, or                                                        7
             (b) in the case of a corporation--$2,200,000 and, in the case of a continuing              8
                  offence, a further penalty of $275,000 for each day the offence continues.           9

277   Maximum penalty for category 2 offence                                                           10
      (1)    The maximum penalty for a category 2 offence is, subject to subsection (2):               11
             (a) in the case of an individual--$220,000 and, in the case of a continuing offence,       12
                  a further penalty of $55,000 for each day the offence continues, or                  13
             (b) in the case of a corporation--$440,000 and, in the case of a continuing                14
                  offence, a further penalty of $110,000 for each day the offence continues.           15
      (2)    The maximum penalty for a category 2 offence that is committed negligently is:            16
             (a) in the case of an individual--$1,100,000 and, in the case of a continuing              17
                  offence, a further penalty of $137,500 for each day the offence continues, or        18
             (b) in the case of a corporation--$2,200,000 and, in the case of a continuing              19
                  offence, a further penalty of $275,000 for each day the offence continues.           20
      (3)    An offence is committed negligently if the court that finds the person guilty of the      21
             offence is satisfied (to the criminal standard of proof) that the person committed the    22
             offence negligently.                                                                      23
      (4)    A court cannot impose a penalty for an offence on the basis of subsection (2) unless      24
             the process by which the proceedings are commenced specifies that the offence is          25
             alleged to have been committed negligently and the factors that were alleged to           26
             constitute negligence.                                                                    27

278   Negligent--meaning                                                                                28
             For the purposes of this Act, a person is negligent if the person's conduct involves      29
             such a great falling short of the standard of care that a reasonable person would         30
             exercise in the circumstances that the conduct merits criminal punishment.                31

279   Special requirements for prosecution of category 1 offences                                      32
      (1)    If conduct can constitute both a category 1 offence and a category 2 offence under        33
             the same section of this Act:                                                             34
              (a) a person cannot be found guilty of a category 1 offence in respect of that           35
                   conduct unless the process by which the proceedings are commenced specifies         36
                   that the offence is alleged to be a category 1 offence and the factors that are     37
                   alleged to make the offence a category 1 offence, and                               38
             (b) a person cannot be found guilty of both a category 1 offence and a category 2         39
                   offence under the section in respect of the same conduct.                           40
      (2)    In proceedings for a category 1 offence, if the court is not satisfied that the offence   41
             is proven, but is satisfied that the person committed a category 2 offence under the      42
             same section of this Act, the court may find the person guilty of that category 2         43
             offence. The person is liable to punishment accordingly.                                  44



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      (3)    Subsection (2) does not apply if the proceedings for the category 1 offence were          1
             commenced more than 2 years after the date on which the offence is alleged to have        2
             been committed.                                                                           3

280   Proceedings for offences                                                                         4
      (1)    Proceedings for an offence against this Act or the regulations are to be disposed of      5
             summarily:                                                                                6
             (a) by the Local Court, or                                                                7
             (b) by the Supreme Court in its summary jurisdiction.                                     8
      (2)    The maximum monetary penalty that may be imposed by the Local Court in                     9
             proceedings for an offence against this Act or the regulations is $22,000.                10
      (3)    The maximum term of imprisonment that the Local Court may impose for an offence           11
             against this Act or the regulations is 2 years or the maximum term of imprisonment        12
             provided by law for the offence, whichever is the shorter term.                           13

281   Time limit for proceedings                                                                       14
      (1)    Proceedings for a category 1 offence may be commenced at any time within, but not         15
             later than, 3 years after the date on which the offence is alleged to have been           16
             committed.                                                                                17
      (2)    Proceedings for any offence against this Act that is a category 2 offence, or an          18
             offence against the regulations, may be commenced at any time within, but not later       19
             than, 2 years after the date on which the offence is alleged to have been committed.      20

      (3)    Proceedings for a category 1 offence may also be commenced at any time within, but        21
             not later than, 3 years after the date on which evidence of the alleged offence first     22
             came to the attention of any authorised officer.                                          23

      (4)    If subsection (3) is relied on for the purpose of commencing proceedings for an           24
             offence, the process by which the proceedings are commenced must contain                  25
             particulars of the date on which evidence of the offence first came to the attention of   26
             any authorised officer and need not contain particulars of the date on which the          27
             offence was committed.                                                                    28

      (5)    The date on which evidence first came to the attention of any authorised officer is the   29
             date specified in the process by which the proceedings are commenced, unless the          30
             contrary is established.                                                                  31

      (6)    In this section:                                                                          32
             evidence of an offence means evidence of any conduct constituting the offence.            33

282   Matters to be considered in imposing penalty                                                     34
      (1)    In imposing a penalty on a person for an offence against this Act or the regulations,     35
             the court is to take into consideration the following (so far as they are relevant):      36
              (a) the extent to which a biosecurity impact was caused or likely to be caused, or       37
                   a biosecurity risk increased, by the commission of the offence,                     38
             (b) the extent to which the person could reasonably have foreseen the biosecurity         39
                   impact or biosecurity risk caused or likely to be caused by the commission of       40
                   the offence,                                                                        41
              (c) the reasonably practicable measures that may have been taken to prevent,             42
                   eliminate or minimise that biosecurity impact or biosecurity risk,                  43
             (d) the extent to which the person had control over the causes that gave rise to the      44
                   offence,                                                                            45




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             (e)   the person's intentions in committing the offence,                                     1
             (f)   whether, in committing the offence, the person was complying with orders               2
                   from an employer or supervising employee.                                              3
      (2)    For the purposes of, but without limiting, section 21A of the Crimes (Sentencing             4
             Procedure) Act 1999, the following aggravating factors are to be taken into account          5
             in determining the appropriate sentence for an offence against this Act or the               6
             regulations (so far as they are relevant):                                                   7
              (a) that the conduct was a contravention of an emergency order or a biosecurity             8
                   direction given in the case of an emergency,                                           9
             (b) that the offence caused or had the potential to cause a significant biosecurity          10
                   impact.                                                                                11
      (3)    The court may take into consideration other matters that it considers relevant.              12

Division 2         Defences and related matters                                                           13

283   Defence of due diligence--category 1 offences                                                        14
             It is a defence to a prosecution under this Act in relation to a category 1 offence if the   15
             person charged with the offence proves:                                                      16
              (a) that the commission of the offence was due to causes over which the person              17
                     had no control, and                                                                  18
             (b) that the person took reasonable precautions and exercised due diligence to               19
                     prevent the commission of the offence.                                               20

284   Lawful excuse                                                                                       21
             It is a defence to the prosecution of an offence against this Act or the regulations if      22
             the person charged with the offence proves:                                                  23
              (a) that the conduct of the person was authorised or required by or under this Act,         24
                     or                                                                                   25
             (b) that the conduct of the person was authorised by or under a law of the                   26
                     Commonwealth.                                                                        27

285   Things done by or under the direction of authorised officers                                        28
      (1)    An authorised officer is not guilty of an offence against this Act or the regulations for    29
             anything done in good faith in the exercise of his or her functions as an authorised         30
             officer.                                                                                     31
      (2)    A person is not guilty of an offence against this Act or the regulations for anything        32
             done by the person in good faith at the request or under the direction of an authorised      33
             officer acting in the exercise of his or her functions as an authorised officer.             34

286   Common carriers                                                                                     35
      (1)    A person is not guilty of a category 2 offence against this Act because of a dealing         36
             with any biosecurity matter, carrier or potential carrier in the ordinary course of          37
             business as a common carrier.                                                                38
      (2)    The regulations may:                                                                         39
             (a) declare that a person or class of persons is a common carrier for the purposes           40
                   of this section, and                                                                   41
             (b) declare that a person or class of persons is not a common carrier for the                42
                   purposes of this section.                                                              43




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      (3)    This section does not apply to the following offences:                                     1
             (a) an obstruction offence,                                                                2
             (b) an offence of contravening an individual biosecurity direction,                        3
             (c) an offence excluded by the regulations.                                                4

287   Proof of exemptions                                                                               5
             In proceedings for an offence against this Act or the regulations, proof that a person     6
             was exempt from a requirement imposed by or under this Act, or was authorised by           7
             or under this Act to engage in any conduct, lies on the accused person.                    8

Division 3         Court orders in connection with offences                                             9

288   Operation of Division                                                                             10
      (1)    Application to proved offences                                                             11
             This Division applies where a court finds an offence against this Act or the               12
             regulations proved.                                                                        13
      (2)    Meaning of proved offences                                                                 14
             Without limiting the generality of subsection (1), a court finds an offence proved if:     15
             (a) the court convicts the offender of the offence, or                                     16
             (b) the court makes an order under section 10 of the Crimes (Sentencing                    17
                  Procedure) Act 1999 against the offender in relation to the offence (in which         18
                  case the order is not a punishment for the purposes of that section).                 19
      (3)    Definitions                                                                                20
             In this Division:                                                                          21
             the court means the court that finds the offence proved.                                   22
             the offender means the person who is found to have committed the offence.                  23

289   Orders generally                                                                                  24
      (1)    One or more orders may be made under this Division against the offender.                   25
      (2)    Orders may be made under this Division in addition to any penalty that may be              26
             imposed or any other action that may be taken in relation to the offence.                  27
      (3)    Orders may be made under this Division regardless of whether any penalty is                28
             imposed, or other action taken, in relation to the offence.                                29

290   Orders for restoration and prevention                                                             30
      (1)    The court may order the offender to take such steps as are specified in the order,         31
             within such time as is so specified (or any further time that the court, on application,   32
             may allow):                                                                                33
             (a) to prevent, control, mitigate or manage any biosecurity impact caused by the           34
                   commission of the offence, or                                                        35
             (b) to make good any resulting biosecurity impact, or                                      36
             (c) to prevent the continuance or recurrence of the offence.                               37
      (2)    A person who fails to comply with an order under this section is guilty of an offence.     38
      (3)    An offence against subsection (2) is a category 2 offence.                                 39




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291   Orders for costs, expenses and compensation at time offence proved                                1
      (1)    The court may order the offender to pay to a government agency or person costs and         2
             expenses incurred, or compensation for loss or damage suffered, as the case may be,        3
             in such amount as is fixed by the order, if it appears to the court that:                  4
              (a) a government agency has incurred costs and expenses in connection with:               5
                     (i) the prevention, control, mitigation or management of any biosecurity           6
                          impact caused by the commission of the offence, or                            7
                    (ii) making good any resulting biosecurity impact, or                               8
             (b) a person (including a government agency) has, by reason of the commission               9
                   of the offence, suffered loss of or damage to property or has incurred costs and     10
                   expenses in preventing, controlling, mitigating or managing any such loss or         11
                   damage, or attempting to do so.                                                      12
      (2)    The Local Court may not make an order under subsection (1) for the payment of an           13
             amount that exceeds the jurisdictional limit of the Local Court under the Civil            14
             Procedure Act 2005.                                                                        15

292   Recovery of costs, expenses and compensation after offence proved                                 16
      (1)    If, after the court finds the offence proved:                                              17
              (a) a government agency has incurred costs and expenses in connection with:               18
                      (i) the prevention, control, mitigation or management of any biosecurity          19
                            impact caused by the commission of the offence, or                          20
                     (ii) making good any resulting biosecurity impact, or                              21
             (b) a person (including a government agency) has, by reason of the commission              22
                     of the offence, suffered loss of or damage to property or has incurred costs and   23
                     expenses in preventing, controlling, mitigating or managing any such loss or       24
                     damage, or attempting to do so,                                                    25
             the government agency or person may recover from the offender the costs and                26
             expenses incurred or the amount of the loss or damage in any court of competent            27
             jurisdiction.                                                                              28

      (2)    The amount of any such costs and expenses (but not the amount of any such loss or          29
             damage) may be recovered as a debt.                                                        30

293   Orders regarding costs and expenses of investigation                                              31
      (1)    The court may, if it appears to the court that a government agency has reasonably          32
             incurred costs and expenses during the investigation of the offence, order the             33
             offender to pay to the government agency the costs and expenses so incurred in such        34
             amount as is fixed by the order.                                                           35
      (2)    In this section:                                                                           36
             costs and expenses, in relation to the investigation of an offence, means the costs and    37
             expenses incurred:                                                                         38
              (a) in taking any sample or conducting any inspection, test, measurement or               39
                    analysis during the investigation of the offence, or                                40
             (b) in transporting, storing or disposing of evidence during the investigation of the      41
                    offence.                                                                            42

294   Orders regarding monetary benefits                                                                43
      (1)    The court may order the offender to pay, as part of the penalty for committing the         44
             offence, an additional penalty of an amount the court is satisfied, on the balance of      45
             probabilities, represents the amount of any monetary benefits acquired by the              46




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             offender, or accrued or accruing to the offender, as a result of the commission of the        1
             offence.                                                                                      2
      (2)    The amount of an additional penalty for an offence is not subject to any maximum              3
             amount of penalty provided elsewhere by or under this Act.                                    4
      (3)    The Local Court is not authorised to make an order under this section.                        5
      (4)    In this section:                                                                              6
             monetary benefits means monetary, financial or economic benefits.                             7

295   Prohibition orders                                                                                   8
      (1)    The court may do any one or more of the following:                                            9
             (a) order the offender not to deal with any specified biosecurity matter or not to            10
                   engage in any specified dealing with specified biosecurity matter,                      11
             (b) cancel, suspend or vary any biosecurity registration, permit, accreditation as a          12
                   biosecurity certifier, appointment as a biosecurity auditor or approval as an           13
                   accreditation authority held by the offender under this Act,                            14
             (c) extend any biosecurity undertaking given by the offender,                                 15
             (d) order the offender not to apply for biosecurity registration, a permit,                   16
                   accreditation as a biosecurity certifier, appointment as a biosecurity auditor or       17
                   approval as an accreditation authority.                                                 18
      (2)    The court may, in an order under this section, fix a period during which the order            19
             applies and impose any other requirements the court considers necessary or                    20
             expedient for enforcement of the order.                                                       21
      (3)    A person who fails to comply with an order made under subsection (1) (a) or (d) is            22
             guilty of an offence.                                                                         23
      (4)    An offence against subsection (3) is a category 2 offence.                                    24
      (5)    An offence against this section is an executive liability offence.                            25
      (6)    A person who is guilty of an offence against this section because the person                  26
             contravenes a requirement of an order made under subsection (1) (a) or (d):                   27
             (a) continues, until the requirement is complied with and despite the fact that any           28
                   specified period or time for compliance has expired or passed, to be liable to          29
                   comply with the requirement, and                                                        30
             (b) is guilty of a continuing offence for each day the contravention continues.               31

296   Forfeiture                                                                                           32
      (1)    The court may order forfeiture to the Secretary of any biosecurity matter or other            33
             thing to which the offence relates.                                                           34
      (2)    In any such case, the forfeiture may extend to the whole of the biosecurity matter or         35
             other thing or to any similar things belonging to the offender or in the offender's           36
             possession at the time of committing the offence.                                             37
      (3)    When an order is made by the court declaring any biosecurity matter or other thing            38
             to be forfeited to the Secretary, the biosecurity matter or other thing is forfeited to the   39
             Secretary and becomes the property of the Secretary.                                          40
      (4)    The Secretary may deal with the biosecurity matter or other thing in any way the              41
             Secretary considers appropriate.                                                              42
      (5)    Without limiting subsection (4), the Secretary may destroy, sell or dispose of the            43
             biosecurity matter or other thing or authorise its destruction, sale or disposal.             44




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      (6)    To avoid doubt, a forfeiture order is not a monetary penalty for the purposes of any       1
             provision of this Act that provides for the maximum monetary penalty that may be           2
             imposed by the Local Court in proceedings for an offence under this Act or the             3
             regulations.                                                                               4

297   Forfeiture of boats and motor vehicles                                                            5
      (1)    The court may order forfeiture to the Secretary of a boat or motor vehicle that has        6
             been seized under this Act in connection with the offence.                                 7
      (2)    The Local Court must not order any such forfeiture if it is satisfied that the value of     8
             the boat or motor vehicle exceeds the jurisdictional limit of the Local Court sitting in    9
             its General Division within the meaning of the Local Court Act 2007.                       10
      (3)    When an order is made by the court declaring any boat or motor vehicle to be               11
             forfeited to the Secretary, the boat or motor vehicle is forfeited to the Secretary and    12
             becomes the property of the Secretary.                                                     13
      (4)    The Secretary may deal with the boat or motor vehicle in any way the Secretary             14
             considers appropriate.                                                                     15
      (5)    Without limiting subsection (4), the Secretary may destroy, sell or dispose of the boat    16
             or motor vehicle or authorise its destruction, sale or disposal.                           17
      (6)    To avoid doubt, a forfeiture order is not a monetary penalty for the purposes of any       18
             provision of this Act that provides for the maximum monetary penalty that may be           19
             imposed by the Local Court in proceedings for an offence under this Act or the             20
             regulations.                                                                               21

298   Additional orders                                                                                 22
      (1)    The court may do any one or more of the following:                                         23
             (a) order the offender to take specified action to publicise the offence (including        24
                   the circumstances of the offence) and its biosecurity impact and other               25
                   consequences and any other orders made against the person,                           26
             (b) order the offender to carry out, or contribute a specified amount to the cost of       27
                   carrying out, a specified project that will promote the objects of this Act,         28
             (c) order the offender to attend, or to cause an employee or employees or a                29
                   contractor or contractors of the offender to attend, a training or other course      30
                   specified by the court.                                                              31
      (2)    The Local Court is not authorised to make an order referred to in subsection (1) (b)       32
             or (c).                                                                                    33
      (3)    The court may, in an order under this section, fix a period for compliance and impose      34
             any other requirements the court considers necessary or expedient for enforcement          35
             of the order.                                                                              36
      (4)    If the offender fails to comply with an order under subsection (1) (a), the prosecutor     37
             or a person authorised by the prosecutor may take action to carry out the order.           38
      (5)    The reasonable cost of taking action referred to in subsection (4) is recoverable by       39
             the prosecutor or person taking the action, in a court of competent jurisdiction, as a     40
             debt from the offender.                                                                    41
      (6)    A person who fails to comply with an order made under this section is guilty of an         42
             offence.                                                                                   43
      (7)    An offence against subsection (6) is a category 2 offence.                                 44




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299   Appeals against orders                                                                           1
      (1)    An order made by the Supreme Court under this Division is a sentence for the              2
             purposes of the Criminal Appeal Act 1912.                                                 3
      (2)    An order made by the Local Court under this Division is a sentence for the purposes       4
             of the Crimes (Appeal and Review) Act 2001.                                               5

Division 4         Penalty notices                                                                     6

300   Penalty notices                                                                                  7
      (1)    An authorised officer may serve a penalty notice on a person if it appears to the          8
             officer that the person has committed an offence against this Act or the regulations,      9
             being an offence prescribed by the regulations as a penalty notice offence.               10
      (2)    A penalty notice is a notice to the effect that, if the person served does not wish to    11
             have the matter determined by a court, the person can pay, within the time and to the     12
             person specified in the notice, the amount of the penalty prescribed by the regulations   13
             for the offence if dealt with under this section.                                         14

      (3)    A penalty notice under this section is declared to be a penalty notice for the purposes   15
             of the Fines Act 1996.                                                                    16
      (4)    A penalty notice may be served personally or by post.                                     17
      (5)    If the amount of penalty prescribed for an alleged offence is paid under this section,    18
             no person is liable to any further proceedings for the alleged offence.                   19
      (6)    Payment under this section is not to be regarded as an admission of liability for the     20
             purpose of, and does not in any way affect or prejudice, any civil claim, action or       21
             proceeding arising out of the same occurrence.                                            22
      (7)    The regulations may:                                                                      23
             (a) prescribe an offence for the purposes of this section by specifying the offence       24
                   or by referring to the provision creating the offence, and                          25
             (b) prescribe the amount of penalty payable for the offence if dealt with under this      26
                   section, and                                                                        27
             (c) prescribe different amounts of penalties for different offences or classes of         28
                   offences.                                                                           29
      (8)    The amount of a penalty prescribed under this section for an offence is not to exceed     30
             the maximum amount of penalty that could be imposed for the offence by a court.           31
      (9)    This section does not limit the operation of any other provision of, or made under,       32
             this or any other Act relating to proceedings that may be taken in respect of offences.   33

301   Restriction on power to issue penalty notices                                                    34
      (1)    An authorised officer cannot exercise a power to serve penalty notices under this         35
             Division unless the authorised officer is:                                                36
             (a) a government officer, or                                                              37
             (b) a person, or a person of a class, specified by the regulations to be eligible to      38
                   exercise penalty notice powers.                                                     39
      (2)    The Minister is not to recommend the making of a regulation under subsection (1) (b)      40
             unless the Minister certifies that the regulation is made with the concurrence of the     41
             Attorney General.                                                                         42
      (3)    In this section:                                                                          43
             government officer means an officer or employee of a government agency.                   44



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Division 5          Ancillary offences                                                                     1

302   Liability of directors etc for offences by corporation--special executive liability                   2
      offences                                                                                             3
      (1)    If a corporation commits a special executive liability offence, a person who is a             4
             director of the corporation or who is concerned in the management of the corporation          5
             is taken to commit the same offence, unless the person satisfies the court that:              6
              (a) the person was not in a position to influence the conduct of the corporation in          7
                    relation to the commission of the offence, or                                          8
             (b) the person, if in such a position, used all due diligence to prevent the                   9
                    commission of the offence by the corporation.                                          10
      (2)    The maximum penalty for the offence is the maximum penalty for the special                    11
             executive liability offence if committed by an individual.                                    12
      (3)    For the purposes of this section, a special executive liability offence is any offence        13
             against this Act that is specified by this Act to be a special executive liability offence.   14
      (4)    This section does not affect the liability of the corporation for the special executive       15
             liability offence, and applies whether or not the corporation is prosecuted for, or           16
             convicted of, the special executive liability offence.                                        17

303   Liability of directors etc for offences by corporation--executive liability offences                  18
      (1)    A person commits an offence against this section if:                                          19
             (a) a corporation commits an executive liability offence, and                                 20
             (b) the person is:                                                                            21
                    (i) a director of the corporation, or                                                  22
                   (ii) an individual who is concerned in the management of the corporation                23
                        and who is in a position to influence the conduct of the corporation in            24
                        relation to the commission of the executive liability offence, and                 25
             (c) the person:                                                                               26
                    (i) knows or ought reasonably to know that the executive liability offence             27
                        (or an offence of the same type) would be or is being committed, and               28
                   (ii) fails to take all reasonable steps to prevent or stop the commission of            29
                        that offence.                                                                      30
      (2)    The maximum penalty for the offence is the maximum penalty for the executive                  31
             liability offence if committed by an individual.                                              32
      (3)    For the purposes of this section, an executive liability offence is any offence against       33
             this Act that is specified by this Act to be an executive liability offence.                  34
      (4)    The prosecution bears the legal burden of proving the elements of the offence against         35
             this section.                                                                                 36
      (5)    This section does not affect the liability of the corporation for the executive liability     37
             offence, and applies whether or not the corporation is prosecuted for, or convicted of,       38
             the executive liability offence.                                                              39
      (6)    This section does not affect the application of any other law relating to the criminal        40
             liability of any persons (whether or not directors or other managers of the                   41
             corporation) who are accessories to the commission of the executive liability offence         42
             or are otherwise concerned in, or party to, the commission of the executive liability         43
             offence.                                                                                      44




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      (7)    In this section:                                                                         1
             reasonable steps, in relation to the commission of an executive liability offence,       2
             includes, but is not limited to, such action (if any) of the following kinds as is       3
             reasonable in all the circumstances:                                                     4
              (a) action towards:                                                                     5
                     (i) assessing the corporation's compliance with the provision creating the       6
                           executive liability offence, and                                           7
                    (ii) ensuring that the corporation arranges regular professional assessments      8
                           of its compliance with the provision,                                      9
             (b) action towards ensuring that the corporation's employees, agents and                 10
                    contractors are provided with information, training, instruction and              11
                    supervision appropriate to them to enable them to comply with the provision       12
                    creating the executive liability offence so far as the provision is relevant to   13
                    them,                                                                             14
              (c) action towards ensuring that:                                                       15
                     (i) the plant, equipment and other resources, and                                16
                    (ii) the structures, work systems and other processes,                            17
                    relevant to compliance with the provision creating the executive liability        18
                    offence are appropriate in all the circumstances,                                 19
             (d) action towards creating and maintaining a corporate culture that does not            20
                    direct, encourage, tolerate or lead to non-compliance with the provision          21
                    creating the executive liability offence.                                         22

304   Liability for complicity                                                                        23
             A person who:                                                                            24
              (a) aids, abets, counsels or procures another person to commit an offence against       25
                    this Act or the regulations, or                                                   26
             (b) incites another person to commit an offence against this Act or the regulations,     27
                    or                                                                                28
              (c) conspires to commit an offence against this Act or the regulations, or              29
             (d) attempts to commit an offence against this Act or the regulations,                   30
             is guilty of that offence and liable to the penalty prescribed by this Act or the        31
             regulations for that offence.                                                            32

305   False or misleading information                                                                 33
      (1)    A person who furnishes information that the person knows to be false or misleading       34
             in a material particular:                                                                35
              (a) in or in connection with an application under this Act, or                          36
             (b) in purported compliance with any requirement imposed by or under this Act,           37
             is guilty of an offence.                                                                 38
      (2)    An offence against this section is a category 2 offence.                                 39




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Part 19 Compensation                                                                                     1

306   Compensation payable to owners of animals, plants and property                                     2
       (1)   Compensation is payable under this Part:                                                    3
             (a) to the owner of any animal, plant or property that has been destroyed in                4
                 accordance with an emergency order for the purpose of minimising,                       5
                 eradicating or preventing the spread of emergency biosecurity matter, and               6
             (b) to the owner of any animal or plant that:                                               7
                  (i) has been reported to the Secretary or an authorised officer as being               8
                        affected by, or as having died of, emergency biosecurity matter, and             9
                 (ii) is certified by the Chief Veterinary Officer (in the case of an animal) or         10
                        the Chief Plant Protection Officer (in the case of a plant) as having died       11
                        of emergency biosecurity matter.                                                 12
       (2)   However, compensation is payable to the owner of an animal or plant under                   13
             subsection (1) (b) only if the Chief Veterinary Officer or Chief Plant Protection           14
             Officer is satisfied that:                                                                  15
             (a) there has been no unreasonable delay in reporting the death of the animal or            16
                   plant, and                                                                            17
             (b) the destruction of the animal or plant would have been required under this Act          18
                   had the animal or plant not died.                                                     19

       (3)   In this Part:                                                                               20
              (a) a reference to the Chief Veterinary Officer includes a reference to an                 21
                    authorised officer authorised by the Chief Veterinary Officer to exercise the        22
                    functions of the Chief Veterinary Officer under this section, and                    23
             (b) a reference to the Chief Plant Protection Officer includes a reference to an            24
                    authorised officer authorised by the Chief Plant Protection Officer to exercise      25
                    the functions of the Chief Plant Protection Officer under this section.              26

307   Amount of compensation                                                                             27
       (1)   The amount of compensation payable is the market value of the animal, plant or              28
             property immediately before the relevant time.                                              29
       (2)   In the case of destroyed property that is not an animal or plant, the relevant time is      30
             the time of destruction.                                                                    31
       (3)   In the case of an animal or plant that died or was destroyed on account of emergency        32
             biosecurity matter, the relevant time is:                                                   33
              (a) the time of its destruction, or                                                        34
             (b) the time when the Secretary or an authorised officer was notified that it was           35
                    affected by, or died of, the emergency biosecurity matter,                           36
             whichever time is earlier.                                                                  37
       (4)   The regulations may provide for the payment of additional compensation in any               38
             specified circumstances and the method by which the additional compensation is to           39
             be calculated.                                                                              40
       (5)   Any such regulation may apply to the payment of compensation from a date specified          41
             in the regulation that is earlier than the date of its publication on the NSW legislation   42
             website, but only if the Minister, before recommending the making of the regulation,        43
             certifies in writing that the regulation does not affect, in a manner prejudicial to any    44
             person (other than the State or an authority of the State), a right to compensation         45
             under this Part existing before the date of its publication.                                46




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       (6)   This section does not prevent the Secretary from coming to an agreement with the              1
             owner of an animal, plant or property about the amount of compensation payable                2
             under this Part (whether or not by reference to market value). In that case, the amount       3
             payable is the amount as agreed by the parties.                                               4
             Note. Additional compensation may be payable under a national biosecurity agreement.          5

308   Market value to take no account of emergency biosecurity matter                                      6
       (1)   In assessing the market value of an animal, plant or other property for the purposes          7
             of this Part, the animal, plant or property concerned is to be regarded as not suffering      8
             from or affected by the emergency biosecurity matter concerned.                               9
       (2)   The regulations may make further provision for the calculation of the market value            10
             of an animal, plant or property.                                                              11
       (3)   Any such regulation may apply to the payment of compensation from a date specified            12
             in the regulation that is earlier than the date of its publication on the NSW legislation     13
             website, but only if the Minister, before recommending the making of the regulation,          14
             certifies in writing that the regulation does not affect, in a manner prejudicial to any      15
             person (other than the State or an authority of the State), a right to compensation           16
             under this Part existing before the date of its publication.                                  17

309   Other losses excluded                                                                                18
             No compensation is payable under this Part for any loss of profit, loss occasioned by         19
             breach of contract, loss of production or any other consequential loss.                       20
             Note. Compensation may be payable under a national biosecurity agreement.                     21

310   Claims                                                                                               22
             A claim for compensation under this Part in respect of any animal, plant or property          23
             which has been destroyed or any animal or plant that has been certified by the Chief          24
             Veterinary Officer or Chief Plant Protection Officer as having died of emergency              25
             biosecurity matter:                                                                           26
             (a) must be in an approved form, and                                                          27
             (b) must be lodged with the Secretary in a manner required by the Secretary within            28
                   90 days after the destruction or death or within such further time as the               29
                   Secretary may in a particular case allow.                                               30

311   Recovery of compensation                                                                             31
             Disputed claims for compensation payable under this Part may be recovered by                  32
             action against the Crown in any court of competent jurisdiction.                              33

312   Grounds for refusal or reduction of claim                                                            34
       (1)   The Secretary may direct that compensation otherwise payable under this Part, or              35
             such part of it as the Secretary thinks fit, not be paid if the Secretary is of the opinion   36
             that:                                                                                         37
              (a) the owner of the animal, plant or property that has died or been destroyed has           38
                    committed an offence in this State, the Commonwealth or any State or                   39
                    Territory of the Commonwealth and the conduct constituting the offence has             40
                    caused or contributed to:                                                              41
                     (i) the spread of the emergency biosecurity matter, or                                42
                    (ii) the destruction or death of any animal or plant in respect of which a             43
                           claim for compensation is lodged, or                                            44
                   (iii) the destruction of any property in respect of which a claim for                   45
                           compensation is lodged, or                                                      46



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              (b)   the owner of the animal, plant or property that has died or been destroyed is       1
                    indemnified for the loss caused by the death or destruction of the animal, plant    2
                    or property concerned under a contract of insurance, or                             3
              (c)   the emergency biosecurity matter was, immediately before the emergency              4
                    order, being kept at the premises at which the animal, plant or property was        5
                    located before its death or destruction in contravention of a requirement           6
                    imposed by or under this Act, or                                                    7
              (d)   the owner of the animal, plant or property has made a claim for compensation        8
                    that is false or misleading in a material particular, or                            9
              (e)   the animal, plant or property was required to be destroyed under a control          10
                    order, biosecurity zone regulation, biosecurity direction or other instrument       11
                    made under this Act (other than an emergency order).                                12
       (2)   The Secretary may direct that compensation otherwise payable under this Part, or           13
             such part of it as the Secretary thinks fit, not be paid in any other circumstances        14
             prescribed by the regulations.                                                             15
       (3)   The Secretary is to make a direction under this section by order in writing.               16

313   Disputed claims                                                                                   17
             If any doubt or dispute arises as to the right or entitlement of a person to receive       18
             compensation, the Secretary may cause the amount of the compensation payable, or           19
             a part of that amount, to be retained until a person has established a right or            20
             entitlement to compensation to the satisfaction of the Secretary.                          21

314   False claims                                                                                      22
       (1)   Any person who lodges a claim for compensation knowing that it is false or                 23
             misleading in a material particular, or who practises or is concerned in any fraudulent    24
             act or omission for the purpose of obtaining compensation for the person or any other      25
             person under this Part, is guilty of an offence.                                           26
       (2)   An offence against this section is a category 1 offence.                                   27

315   Power to correct decision                                                                         28
       (1)   If the Secretary decides a claim, and is later satisfied that the decision is incorrect,   29
             the Secretary may vary or reverse the decision.                                            30
       (2)   A decision cannot be varied or reversed under this section more than 5 years after it      31
             was made.                                                                                  32
       (3)   The 5-year time limit on varying or reversing a decision does not apply to a decision      33
             that was made on the basis of false or misleading information provided by a claimant       34
             or by a person on behalf of the claimant.                                                  35

316   Power to require repayment from claimant                                                          36
       (1)   The Secretary may direct a claimant for compensation under this Part to repay to the       37
             Secretary an amount, or part of an amount, paid by way of compensation under this          38
             Part if the Secretary varies or reverses the decision under which the amount was paid.     39
       (2)   The Secretary is to make a direction under this section by order in writing.               40
       (3)   The amount required to be repaid is a recoverable amount that is payable to the            41
             Secretary.                                                                                 42
             Note. See Part 20 for recovery of recoverable amounts.                                     43




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Part 20 Recovery of administrative costs and other amounts                                                1

Division 1           Preliminary                                                                          2

317   Recoverable amounts                                                                                 3
             For the purposes of this Act:                                                                4
             (a) an amount referred to in Column 1 of the Table to this section is a recoverable          5
                   amount, and                                                                            6
             (b) the amount is recoverable from the person specified in relation to the amount            7
                   concerned in Column 2 of the Table.                                                    8

             Table                                                                                        9
             Column 1                                      Column 2
             Recoverable amount                            Person from whom amount is
                                                           recoverable
             Fee for an application for the grant of,      Person who makes the application
             renewal of, or a variation to, biosecurity
             registration
             Fee for an application for the grant of,         Person who makes the application
             renewal of, or a variation to, accreditation as
             a biosecurity certifier (if the Secretary is the
             accreditation authority)
             Fee for an application for the grant of,       Person who makes the application
             renewal of, or a variation to, appointment as
             a biosecurity auditor (if the Secretary is the
             accreditation authority)
             Fee for an application for the grant of,      Person who makes the application
             renewal of, or a variation to, approval to
             exercise the functions of an accreditation
             authority
             Fee for an application for the grant of,        Person who makes the application
             renewal of, or a variation to, a permit (if the
             relevant decision-maker is the Secretary or
             an authorised officer who is an officer or
             employee of a government agency)
             Any fee that is a recoverable amount under    The person declared by that provision to be
             another provision of this Act                 the person from whom the amount is
                                                           recoverable
             Any amount that is declared by the            The person declared by the regulations to be
             regulations to be a recoverable amount        a person from whom that amount is
                                                           recoverable

318   Part permits recovery by government agencies only                                                   10
             The power conferred on the Secretary to make a cost recovery order under this Part           11
             may be exercised by a delegate of the Secretary, but only if the delegate is an officer      12
             of a government agency.                                                                      13




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Division 2          Cost recovery orders                                                               1

319   Cost recovery order                                                                              2
       (1)   The Secretary may, by order in writing served on a person from whom a recoverable         3
             amount is recoverable under this Act, require the person to pay that recoverable          4
             amount.                                                                                   5
       (2)   An order under this section is a cost recovery order.                                     6
       (3)   The Secretary may, by notice in writing served on a person, amend or revoke a cost        7
             recovery order.                                                                           8

320   Contents of cost recovery order                                                                  9
             A cost recovery order must:                                                               10
             (a) specify the amount of the recoverable amount that is payable to the Secretary,        11
                   and                                                                                 12
             (b) specify a due date for payment of the recoverable amount (being a date that is        13
                   not less than 30 days after the date the order is served on the person), and        14
             (c) advise the person that, if the recoverable amount is not paid in full by the due      15
                   date for payment, interest may be charged on the unpaid amount, and                 16
             (d) if the decision to issue the cost recovery order can be appealed to the Land and      17
                   Environment Court under this Part, advise the person of the appeal right.           18

321   Charging of interest                                                                             19
       (1)   The Secretary is entitled to charge interest on any amount, or part of an amount,         20
             payable to the Secretary under a cost recovery order that is not paid by the due date     21
             for payment specified in the cost recovery order.                                         22
       (2)   The interest rate charged is not to exceed the interest rate payable for the time being   23
             on an unpaid judgment of the Supreme Court or, if another rate is prescribed by the       24
             regulations, that rate.                                                                   25

       (3)   Interest charged on an unpaid amount is taken to be part of the unpaid amount.            26

322   Change in payment arrangements                                                                   27
       (1)   The Secretary may, on application by a person who is liable to pay a recoverable          28
             amount, approve a change in the payment arrangements for a recoverable amount so          29
             as:                                                                                       30
             (a) to reduce the amount payable, or                                                      31
             (b) to extend the time to pay, or                                                         32
             (c) to permit the amount payable to be paid by instalments or reduce instalments.         33
       (2)   Approval is to be given by notice in writing served on the applicant.                     34
       (3)   Any cost recovery order served on a person before a change in payment arrangements        35
             is approved is taken to be amended in accordance with the approval.                       36
       (4)   If the Secretary approves the payment of a recoverable amount by instalments and an       37
             instalment is not paid by the due date for payment of the instalment, the remaining       38
             instalments immediately become payable.                                                   39




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Division 3          Recovery of amounts payable under cost recovery orders                                1

323   Recovery of amount payable under cost recovery order as debt                                        2
       (1)   The Secretary may, by proceedings in any court of competent jurisdiction, recover as         3
             a debt any unpaid amount under a cost recovery order.                                        4
       (2)   Proceedings may be taken at any time after the due date for payment specified in the         5
             cost recovery order.                                                                         6
       (3)   If this Part confers on a person a right to appeal to the Land and Environment Court         7
             against the decision to issue a cost recovery order, the Secretary is not to institute       8
             proceedings on the cost recovery order unless:                                               9
              (a) the period during which the appeal can be made has elapsed, and                         10
             (b) if the person has appealed against the decision, the appeal has been                     11
                     determined.                                                                          12

324   Registration of cost recovery order as charge on land                                               13
       (1)   The Secretary may apply to the Registrar-General for registration of any unpaid              14
             amount under a cost recovery order in relation to any land owned by the person from          15
             whom that amount is recoverable (including any land owned jointly with another               16
             person).                                                                                     17

       (2)   An application under this section must define the land to which it relates.                  18

       (3)   The Registrar-General must, on application under this section and lodgment of a              19
             copy of the relevant cost recovery order, register the order in relation to the land in      20
             such manner as the Registrar-General thinks fit.                                             21

       (4)   There is created by force of this section, on the registration of the order, a charge on     22
             the land in relation to which the order is registered to secure the payment to the           23
             Secretary of the amount payable under the order.                                             24

       (5)   Such a charge ceases to have effect in relation to the land:                                 25
             (a) on payment to the Secretary of the amount payable under the cost recovery                26
                   order, or                                                                              27
             (b) on registration of the cancellation of the charge, made at the request of the            28
                   Secretary, or                                                                          29
             (c) on the sale or other disposition of the property with the consent of the                 30
                   Secretary, or                                                                          31
             (d) on the sale of the land to a purchaser in good faith for value who, at the time          32
                   of the sale, has no notice of the charge,                                              33
             whichever first occurs.                                                                      34

       (6)   Such a charge is subject to every charge or encumbrance to which the land was                35
             subject immediately before the order was registered and, in the case of land under the       36
             provisions of the Real Property Act 1900, is subject to every prior mortgage, lease or       37
             other interest recorded in the Register kept under that Act.                                 38

       (7)   Such a charge is not affected by any change of ownership of the land, except as              39
             provided by subsection (5).                                                                  40
       (8)   If:                                                                                          41
              (a)   such a charge is created on land of a particular kind and the provisions of any       42
                    law of the State provide for the registration of title to, or charges over, land of   43
                    that kind, and                                                                        44
             (b)    the charge is so registered,                                                          45




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             a person who purchases or otherwise acquires the land after the registration of the                  1
             charge is, for the purposes of subsection (5), taken to have notice of the charge.                   2
       (9)   If such a charge relates to land under the provisions of the Real Property Act 1900,                 3
             the charge has no effect until it is registered under that Act.                                      4
      (10)   The Secretary may, at any time, request the Registrar-General to cancel a charge                     5
             registered under this section.                                                                       6

Division 4          General                                                                                       7

325   Appeal to Land and Environment Court                                                                        8
       (1)   A person aggrieved by a decision of the Secretary to issue a cost recovery order in                   9
             respect of a recoverable amount may appeal to the Land and Environment Court                         10
             against that decision if the recoverable amount is a fee charged by the Secretary for:               11
              (a) action taken as a result of a failure by a person to comply with an emergency                   12
                   order, or                                                                                      13
             (b) action taken as a result of a failure by a person to comply with a control order,                14
                   or                                                                                             15
              (c) action taken under Division 4 of Part 8, or                                                     16
             (d) action taken as a result of a failure by a person to comply with an individual                   17
                   biosecurity direction that was given in the case of an emergency.                              18
             Note. If the biosecurity direction is not an emergency biosecurity direction, the direction itself   19
             can be appealed to the Land and Environment Court. See Part 9.                                       20
       (2)   An appeal is to be made in accordance with rules of court, but may not be made more                  21
             than 28 days after the date written notice of the cost recovery order is served on the               22
             person.                                                                                              23
       (3)   Subject to any order made by the Land and Environment Court, an appeal does not                      24
             operate to stay the decision to which the appeal relates.                                            25

326   Waiver or remission of recoverable amounts                                                                  26
             The Secretary may waive or remit payment of a recoverable amount or any part of a                    27
             recoverable amount.                                                                                  28

327   Presumed date of service of cost recovery order                                                             29
             It is to be presumed that a cost recovery order or other notice sent to a person by post             30
             under this Part is served on the person 7 days after it is posted, unless the person                 31
             establishes that it was not served within that 7-day period.                                         32




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Part 21 Permits                                                                                          1

Division 1          Preliminary                                                                          2

328   Relevant decision-maker--meaning                                                                    3
             In this Part, a relevant decision-maker, in relation to a permit, means a person who        4
             has power to grant the permit under this Act.                                               5

329   References to functions exercisable "in the case of an emergency"                                  6
       (1)   A provision of this Part that enables a relevant decision-maker to exercise a function      7
             in the case of an emergency enables the relevant decision-maker to exercise that            8
             function if:                                                                                9
              (a) the relevant decision-maker reasonably believes it is necessary to exercise the        10
                    function because of an emergency order, or                                           11
             (b) the relevant decision-maker otherwise reasonably believes it is necessary to            12
                    exercise the function because:                                                       13
                     (i) a biosecurity emergency has occurred, is occurring or is imminent, or           14
                    (ii) the relevant decision-maker reasonably suspects a biosecurity                   15
                          emergency has occurred, is occurring or is imminent.                           16
       (2)   A function under this Part is taken to have been exercised in the case of an                17
             emergency if it is exercised by the relevant decision-maker in the circumstances            18
             referred to in subsection (1).                                                              19

Division 2          Permits                                                                              20

330   Grant of permits                                                                                   21
       (1)   Permits may be granted under this Act.                                                      22

       (2)   A permit authorises conduct that, but for the permit, would or might contravene a           23
             requirement imposed by or under this Act.                                                   24

331   Relationship between Part and Stock Medicines Act 1989                                             25
       (1)   A permit under this Part may also be granted to authorise conduct that, but for the         26
             permit, would or might contravene a requirement imposed by or under the Stock               27
             Medicines Act 1989.                                                                         28
       (2)   Accordingly, a reference in this Part to this Act or the regulations includes a reference   29
             to the Stock Medicines Act 1989 and the regulations under that Act.                         30

332   Types of permit                                                                                    31
       (1)   The following types of permit may be granted:                                               32
             (a) an individual permit, that is, a permit granted to a specified person,                  33
             (b) a group permit, that is, a permit granted to a specified class of persons.              34
       (2)   A reference in this Act to a permit holder includes any person who is a member of           35
             the class of persons authorised to engage in conduct by a group permit.                     36
       (3)   A requirement under this Act that the grant or renewal of a permit, or the variation,       37
             suspension or cancellation of a permit, be notified to the applicant or to a permit         38
             holder is taken to have been satisfied, in relation to a group permit, if the grant,        39
             renewal, variation, suspension or cancellation is notified by publication on the            40
             website of the Department.                                                                  41




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333   Who has power to grant permit                                                                    1
       (1)   The Secretary has power to grant a permit.                                                2
       (2)   An authorised officer also has power to grant a permit, unless it is an emergency         3
             permit or a prohibited matter permit.                                                     4
       (3)   A permit may be granted or renewed on application or on the initiative of the             5
             Secretary or authorised officer.                                                          6

334   Emergency permit                                                                                 7
       (1)   Emergency permits can be granted only by the Secretary.                                   8
       (2)   An emergency permit is a permit that authorises conduct that, but for the permit,          9
             would or might contravene an emergency order, or a biosecurity direction given in         10
             the case of an emergency, and that is expressed to apply to the emergency concerned.      11

335   Prohibited matter permit                                                                         12
       (1)   Prohibited matter permits can be granted only by the Secretary.                           13
       (2)   A prohibited matter permit is a permit that authorises dealing with biosecurity matter    14
             that is prohibited matter throughout the State or in a part of the State.                 15

336   Effect of permit                                                                                 16
       (1)   A person is not guilty of an offence against this Act or the regulations under this Act   17
             if the person was authorised to engage in the conduct alleged to constitute the offence   18
             concerned by a permit in force under this Act.                                            19
       (2)   A permit does not authorise any conduct in contravention of an emergency order, or        20
             a biosecurity direction given in the case of an emergency, unless:                        21
             (a) the permit is an emergency permit, and                                                22
             (b) the permit is expressed to apply in relation to the emergency concerned.              23

337   Contravention of permit                                                                          24
       (1)   A person who contravenes a condition of an individual permit is guilty of an offence.     25
       (2)   A person who engages in any dealing or other conduct under the purported authority        26
             of a group permit and who contravenes a condition of the permit is guilty of an           27
             offence.                                                                                  28
       (3)   An offence against subsection (1) or (2) is a category 1 offence if the contravention     29
             is intentional or reckless.                                                               30
       (4)   In any other case, the offence is a category 2 offence.                                   31
       (5)   A category 1 offence against this section is an executive liability offence.              32
       (6)   A person who is guilty of a category 1 offence or category 2 offence against this         33
             section because the person contravenes a requirement of a condition of a permit to do     34
             or refrain from doing something:                                                          35
             (a) continues, until the requirement is complied with and despite the fact that any       36
                    specified period or time for compliance has expired or passed, to be liable to     37
                    comply with the requirement, and                                                   38
             (b) is guilty of a continuing offence (of the same category) for each day the             39
                    contravention continues.                                                           40
       (7)   Subsection (6) does not apply to the extent that a requirement of a condition is          41
             revoked.                                                                                  42




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Division 3          Application for permit                                                             1

338   Application for permit                                                                           2
       (1)   A person may apply to a relevant decision-maker for a permit under this Act.              3
       (2)   An application must:                                                                      4
             (a) be made in an approved form or approved manner, and                                   5
             (b) include or be accompanied by any information or evidence reasonably                   6
                  required by the relevant decision-maker to assess the application.                   7
       (3)   The regulations may provide for a fee to be paid for an application for a permit.         8
       (4)   A relevant decision-maker may require the fee to accompany the application.               9

339   Grant or refusal of permit                                                                       10
       (1)   A relevant decision-maker may, on application or on the relevant decision-maker's         11
             own initiative, grant or refuse a permit.                                                 12
       (2)   A relevant decision-maker may refuse a permit:                                            13
             (a) if an application for the permit does not comply with any requirement imposed         14
                   by or under this Act, or                                                            15
             (b) if the relevant decision-maker is of the opinion that the applicant is not a          16
                   suitable person to engage in the conduct to be authorised by the permit, or         17
             (c) in the case of an emergency, or                                                       18
             (d) on any other grounds prescribed by the regulations, or                                19
             (e) for any other reason that the relevant decision-maker considers to be a good          20
                   reason for refusing the application.                                                21
       (3)   A decision about the suitability of a person to be issued with a permit may be made       22
             having regard to any of the following:                                                    23
             (a) the fact that the applicant has been found guilty of an offence under this Act        24
                   or the regulations, or an offence under any other Act or law,                       25
             (b) an accreditation audit,                                                               26
             (c) any other matter prescribed by the regulations,                                       27
             (d) any other circumstances that the relevant decision-maker considers relevant.          28
       (4)   The relevant decision-maker is to give the applicant written or oral notice of a          29
             decision to grant or refuse a permit.                                                     30
       (5)   If notice of the decision is given orally, the relevant decision-maker is to give the     31
             applicant written confirmation of the decision as soon as practicable after it is made.   32
       (6)   A relevant decision-maker who fails to give an applicant for a permit notice of a         33
             decision to grant or refuse the permit within the period prescribed by the regulations    34
             is taken to have refused the permit.                                                      35

340   Duration of permit                                                                               36
       (1)   A permit remains in force for a period (not exceeding 5 years) specified by the           37
             relevant decision-maker in the notice by which the permit is granted or renewed,          38
             unless sooner cancelled.                                                                  39
       (2)   A permit has no effect during any period in which it is suspended.                        40




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341   Variation of permit                                                                             1
       (1)   A relevant decision-maker may, at any time, vary a permit by notice in writing to a      2
             permit holder (including any conditions of a permit imposed by a relevant                3
             decision-maker).                                                                         4
       (2)   A variation includes the imposition of new conditions on a permit, the substitution of   5
             a condition, or the omission or amendment of a condition.                                6
       (3)   The regulations may make further provision for the variation of permits, including:      7
             (a) applications for variation, and                                                      8
             (b) fees for applications for variation.                                                 9

Division 4          Renewal of permit                                                                 10

342   Application for renewal of permit                                                               11
       (1)   A permit holder may apply to a relevant decision-maker for renewal of a permit.          12
       (2)   An application must:                                                                     13
             (a) be made in an approved form or approved manner, and                                  14
             (b) include or be accompanied by any information or evidence required by the             15
                  relevant decision-maker to assess the application.                                  16
       (3)   The regulations may provide for a fee to be paid for an application for renewal of a     17
             permit.                                                                                  18
       (4)   A relevant decision-maker may require the fee to accompany the application.              19
       (5)   If an application for renewal of a permit is duly made to a relevant decision-maker      20
             before the expiry of the permit, the permit is taken to continue in force until the      21
             relevant decision-maker notifies the applicant of a decision to grant or refuse the      22
             application.                                                                             23

343   Grant or refusal of renewal                                                                     24
       (1)   A relevant decision-maker may, on application or on the decision-maker's own             25
             initiative, renew or refuse to renew a permit.                                           26
       (2)   A relevant decision-maker may refuse to renew a permit:                                  27
             (a) if an application for renewal of the permit does not comply with any                 28
                   requirement imposed by or under this Act, or                                       29
             (b) if the relevant decision-maker is of the opinion that the applicant is not a         30
                   suitable person to engage in the conduct to be authorised by the permit, or        31
             (c) in the case of an emergency, or                                                      32
             (d) on any other grounds prescribed by the regulations, or                               33
             (e) for any other reason that the relevant decision-maker considers to be a good         34
                   reason for refusing the application.                                               35
       (3)   A decision about the suitability of a person to engage in the conduct to be authorised   36
             by the permit may be made having regard to any of the following:                         37
             (a) the fact that the applicant has been found guilty of an offence under this Act       38
                   or the regulations, or an offence under any other Act or law,                      39
             (b) a biosecurity audit in relation to the permit holder,                                40
             (c) any other matter prescribed by the regulations,                                      41
             (d) any other circumstances that the relevant decision-maker considers relevant.         42




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       (4)   The relevant decision-maker is to give the applicant written or oral notice of a          1
             decision to renew or refuse to renew a permit.                                            2
       (5)   If notice of the decision is given orally, the relevant decision-maker is to give the     3
             applicant written confirmation of the decision as soon as practicable after it is made.   4
       (6)   A relevant decision-maker who fails to give an applicant for renewal of a permit          5
             notice of a decision to renew or refuse to renew the permit within the period             6
             prescribed by the regulations is taken to have refused the renewal.                       7

Division 5          Conditions of permit                                                               8

344   Conditions of permit                                                                             9
       (1)   A permit is subject to the following conditions:                                          10
             (a) any conditions prescribed by the regulations,                                         11
             (b) any conditions imposed by the relevant decision-maker.                                12
       (2)   A relevant decision-maker may impose conditions on a permit:                              13
             (a) at the time of the grant or renewal of the permit, or                                 14
             (b) at any other time by variation to the permit.                                         15
       (3)   A provision of this Part that authorises a type of condition to be imposed on a permit    16
             does not prevent other types of conditions being imposed or limit the matters that can    17
             be provided for by conditions, except where otherwise expressly provided for by this      18
             Part.                                                                                     19
       (4)   In this Division:                                                                         20
             permit holder includes a former permit holder.                                            21

345   Conditions for insurance cover                                                                   22
             The conditions of a permit may require the permit holder to take out and maintain a       23
             policy of insurance that indemnifies the permit holder against any liability to which     24
             the permit holder may become subject as a result of conduct engaged in under, or          25
             purportedly under, the permit.                                                            26

346   Conditions for biosecurity audits                                                                27
             The conditions of a permit may require the permit holder to co-operate with, or           28
             arrange for, mandatory biosecurity audits.                                                29

347   Conditions requiring financial assurances                                                        30
       (1)   The conditions of a permit may require the permit holder to provide a financial           31
             assurance. The relevant decision-maker may require any such financial assurance to        32
             be provided before the relevant decision-maker grants, renews, varies, suspends or        33
             cancels a permit.                                                                         34
       (2)   The purpose of a condition requiring the provision of a financial assurance is to         35
             secure or guarantee funding for or towards the doing of anything required as a result     36
             of any of the following events (each of which is a secured event):                        37
             (a) the permit holder contravening another condition of the permit,                       38
             (b) the permit holder placing any biosecurity matter that the permit authorises the       39
                   permit holder to deal with in the care of the Secretary,                            40
             (c) the permit holder ceasing to be authorised to engage in the conduct authorised        41
                   by the permit,                                                                      42




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              (d)   the permit holder becoming unable, because of illness, financial circumstances     1
                    or otherwise, to continue to engage in the conduct authorised by the permit.       2
       (3)   A financial assurance is not to operate as a mere penalty for a contravention of this     3
             Act, the regulations or the conditions of a permit.                                       4
       (4)   A financial assurance may be in one or more of the following forms:                       5
             (a) a bank guarantee,                                                                     6
             (b) a bond,                                                                               7
             (c) a form specified by the regulations,                                                  8
             (d) another form of security that has been approved by the Secretary and is                9
                   specified in the condition.                                                         10
       (5)   The regulations and, subject to the regulations, the conditions of a permit, may make     11
             provision for or with respect to financial assurances, including the following:           12
             (a) the calculation of the amount of financial assurances that can be required,           13
             (b) the circumstances in which financial assurances may be claimed or realised,           14
                   and the procedure for claiming or realising financial assurances,                   15
             (c) the actions that can be taken following a secured event, including provisions         16
                   that:                                                                               17
                     (i) specify the circumstances in which those actions can be taken by or on        18
                          behalf of the Secretary, and                                                 19
                    (ii) authorise the Secretary, or a person acting on behalf of the Secretary, to    20
                          enter land to carry out those actions,                                       21
             (d) the provision of information in respect of the actions,                               22
             (e) the audit of the actions,                                                             23
              (f) the administration of financial assurances,                                          24
             (g) the release of financial assurances.                                                  25
       (6)   The Land and Environment Court has jurisdiction to determine disputes about calling       26
             on or using a financial assurance.                                                        27
       (7)   A financial assurance may be called on and used, despite and without affecting:           28
             (a) any liability of the permit holder for any penalty for an offence for a               29
                   contravention to which the assurance relates, and                                   30
             (b) any other action that might be taken or is required to be taken in relation to any    31
                   contravention or other circumstances to which the assurance relates.                32

348   Conditions to take effect later                                                                  33
       (1)   The conditions of a permit may provide that an authorisation conferred by the permit      34
             does not take effect until the end of a specified period or on the happening of a         35
             particular event or on the occurrence of a specified state of affairs.                    36
       (2)   Without limiting the generality of the above, the conditions may provide that an          37
             authorisation or variation will not take effect until a financial assurance is provided   38
             in accordance with the condition.                                                         39

Division 6          Suspension or cancellation of permit                                               40

349   General grounds for suspension or cancellation of permit                                         41
       (1)   Each of the following constitutes grounds for suspending or cancelling a permit:          42




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              (a)   a relevant decision-maker is of the opinion that the permit holder has                 1
                    contravened a requirement imposed by or under this Act,                                2
              (b)   a relevant decision-maker is of the opinion that the permit holder is not a            3
                    suitable person to engage in the conduct authorised by the permit,                     4
              (c)   a relevant decision-maker receives information about the permit holder and             5
                    the relevant decision-maker is of the opinion that, had the information been           6
                    received at the time when the application for grant or renewal of the permit           7
                    was made, the relevant decision-maker would have refused the application,              8
              (d)   any other grounds prescribed by the regulations.                                       9
       (2)   A decision about the suitability of the person for a permit may be made having regard         10
             to any of the following:                                                                      11
              (a) the fact that the permit holder has been found guilty of an offence under this           12
                   Act or the regulations, or an offence under any other Act or law,                       13
             (b) a biosecurity audit in relation to the permit holder,                                     14
              (c) any matter prescribed by the regulations,                                                15
             (d) any other circumstances that the relevant decision-maker considers relevant.              16
       (3)   In this Division:                                                                             17
             permit holder includes a former permit holder.                                                18

350   Additional grounds for suspension or cancellation of permit--emergency                                19
       (1)   A relevant decision-maker may also suspend or cancel a permit in the case of an               20
             emergency (in which case, the emergency is the grounds for the suspension or                  21
             cancellation).                                                                                22
       (2)   This section does not apply to an emergency permit that expressly authorises conduct          23
             in relation to the emergency concerned.                                                       24
             Note. In any case, a permit does not authorise conduct that contravenes an emergency order,   25
             unless it is an emergency permit.                                                             26

351   Suspension of permit                                                                                 27
       (1)   A relevant decision-maker may, by notice to a permit holder, suspend a permit if the          28
             relevant decision-maker is satisfied that there are grounds for the suspension.               29
       (2)   Notice of the suspension must specify:                                                        30
             (a) the date or time from which suspension takes effect, and                                  31
             (b) the period of suspension, and                                                             32
             (c) the grounds for the suspension.                                                           33
       (3)   Notice of a suspension is to be given in writing but, in the case of an emergency, may        34
             be given orally by the relevant decision-maker.                                               35
       (4)   If notice is given orally, the relevant decision-maker is to give the permit holder           36
             written confirmation of the suspension as soon as practicable.                                37

352   Permit holder to be given opportunity to make submissions about suspension                           38
       (1)   Before suspending a permit, a relevant decision-maker must:                                   39
             (a) give notice in writing to the permit holder of the relevant decision-maker's              40
                   intention to suspend the permit and the proposed grounds for doing so, and              41
             (b) invite the permit holder to make a submission to the relevant decision-maker              42
                   about the proposed suspension, and                                                      43




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              (c)   take into account any submission made to the relevant decision-maker by the        1
                    permit holder before the deadline for the making of a submission.                  2
       (2)   The relevant decision-maker is to specify a deadline for the making of a submission       3
             to the relevant decision-maker about the proposed suspension that is at least 30 days     4
             after the notice is given to the permit holder.                                           5
       (3)   The relevant decision-maker is not required to give notice under this section of a        6
             proposed suspension:                                                                      7
             (a) if the permit is a group permit, or                                                   8
             (b) if the relevant decision-maker is of the opinion that the suspension is required       9
                   urgently because of the biosecurity impact of the conduct authorised by the         10
                   permit, or                                                                          11
             (c) in the case of an emergency.                                                          12
       (4)   However, if the relevant decision-maker suspends a permit (other than a group             13
             permit) without giving prior notice to the permit holder, the relevant decision-maker     14
             must:                                                                                     15
             (a) give the permit holder notice in writing of the grounds for the suspension, and       16
             (b) invite the permit holder to make a submission to the relevant decision-maker          17
                   about the suspension by a specified deadline (which is at least 30 days after the   18
                   notice is given to the permit holder).                                              19
       (5)   If the permit holder makes a submission to the relevant decision-maker about the          20
             suspension before the specified deadline, the relevant decision-maker must:               21
              (a) decide whether the suspension should be revoked or continued, having regard          22
                    to that submission, and                                                            23
             (b) give notice in writing of that decision to the permit holder.                         24

353   Cancellation of permit                                                                           25
       (1)   A relevant decision-maker may, by notice to a permit holder, cancel the permit of a       26
             permit holder if:                                                                         27
             (a) the relevant decision-maker is satisfied that there are grounds for the               28
                   cancellation of the permit, or                                                      29
             (b) the permit holder applies for cancellation of the permit.                             30
       (2)   Notice of the cancellation must specify:                                                  31
             (a) the date or time from which cancellation takes effect, and                            32
             (b) the grounds for the cancellation.                                                     33
       (3)   Notice of a cancellation is to be given in writing but, in the case of an emergency,      34
             may be given orally by the relevant decision-maker.                                       35
       (4)   If notice is given orally, the relevant decision-maker is to give the permit holder       36
             written confirmation of the cancellation as soon as practicable.                          37

354   Permit holder to be given opportunity to make submissions about cancellation                     38
       (1)   Before cancelling a permit, a relevant decision-maker must:                               39
             (a) give notice in writing to the permit holder of the relevant decision-maker's          40
                   intention to cancel the permit and the proposed grounds for doing so, and           41
             (b) invite the permit holder to make a submission to the relevant decision-maker          42
                   about the proposed cancellation, and                                                43
             (c) take into account any submission made to the relevant decision-maker by the           44
                   permit holder before the deadline for the making of a submission.                   45


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       (2)   The relevant decision-maker is to specify a deadline for the making of a submission       1
             to the relevant decision-maker about the proposed cancellation that is at least 30 days   2
             after the notice is given to the permit holder.                                           3
       (3)   The relevant decision-maker is not required to give notice under this section of a        4
             proposed cancellation if:                                                                 5
             (a) the permit is a group permit, or                                                      6
             (b) the permit is suspended and either:                                                   7
                    (i) the permit holder was given an opportunity to make a submission about          8
                         the suspension before the suspension took effect, or                          9
                   (ii) the permit holder was given an opportunity to make a submission about          10
                         the suspension after the suspension took effect, and the period specified     11
                         by the relevant decision-maker for the making of that submission has          12
                         ended, or                                                                     13
             (c) the permit holder has applied for cancellation.                                       14

355   Effect of suspension or cancellation on conditions                                               15
       (1)   A permit may be suspended or cancelled unconditionally or subject to such                 16
             conditions as the relevant decision-maker imposes.                                        17
       (2)   Those conditions may include (but are not limited to) any conditions to which the         18
             permit was subject immediately before it was suspended or cancelled.                      19
       (3)   A relevant decision-maker may, by notice in writing given to the former permit            20
             holder, attach new conditions to, or vary or revoke any existing conditions of, the       21
             suspension or cancellation of the permit.                                                 22

Division 7          Miscellaneous                                                                      23

356   Surrender of permit                                                                              24
       (1)   A permit holder may apply to a relevant decision-maker for a cancellation of a            25
             permit.                                                                                   26
       (2)   An application must:                                                                      27
             (a) be in an approved form, and                                                           28
             (b) be accompanied by the fee for voluntary cancellation of a permit (if any)             29
                  prescribed by the regulations, and                                                   30
             (c) include or be accompanied by any information or evidence required by the              31
                  relevant decision-maker to assess the application.                                   32
       (3)   An application for cancellation of a permit is not duly made unless it complies with      33
             subsection (2).                                                                           34

357   Appeal to Land and Environment Court                                                             35
       (1)   A person aggrieved by any of the following decisions may appeal to the Land and           36
             Environment Court against the decision:                                                   37
             (a) a decision of a relevant decision-maker to refuse a permit,                           38
             (b) a decision of a relevant decision-maker to refuse to renew a permit,                  39
             (c) a decision of a relevant decision-maker to suspend or cancel a permit,                40
             (d) a decision of a relevant decision-maker to refuse to revoke a suspension of a         41
                   permit following the making of a submission by the former permit holder             42
                   under this Part, being a suspension of which the former permit holder was not       43
                   given prior notice,                                                                 44



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              (e)   a decision of a relevant decision-maker to impose any condition on a permit,   1
                    or on the suspension or cancellation of a permit,                              2
              (f)   a decision of a relevant decision-maker to vary a permit.                      3
       (2)   An appeal is to be made in accordance with rules of court, but may not be made more   4
             than 28 days after the date written notice of the decision is served on the person.   5
       (3)   Subject to any order made by the Land and Environment Court, an appeal does not       6
             operate to stay the decision to which the appeal relates.                             7
       (4)   No appeal lies against any of the following decisions:                                8
             (a) a decision of a relevant decision-maker to refuse to grant or renew an             9
                  emergency permit,                                                                10
             (b) a decision of a relevant decision-maker to refuse to renew a permit, or to        11
                  suspend or cancel a permit, in the case of an emergency,                         12
             (c) any decision about a group permit.                                                13




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Part 22 Administration                                                                                  1

Division 1          Authorised officers                                                                 2

358   Appointment of authorised officers                                                                3
       (1)   The Secretary may, by instrument in writing, appoint any person as an authorised           4
             officer for the purposes of this Act.                                                      5
       (2)   An appointment may apply to a specified person or to persons of a specified class.         6
       (3)   An appointment may be unconditional, or subject to conditions or limitations.              7
       (4)   An appointment has effect for the period specified in the instrument of appointment        8
             or, if no period is specified, until revoked by the Secretary.                             9
       (5)   The Secretary may, by instrument in writing, revoke or amend an appointment under          10
             this section at any time.                                                                  11
       (6)   If an appointment of an authorised officer is made by reference to a particular office,    12
             the person appointed ceases to be an authorised officer if he or she ceases to hold that   13
             office.                                                                                    14

359   Powers subject to instrument of appointment                                                       15
       (1)   An authorised officer may exercise the functions of an authorised officer under this       16
             Act, subject to any conditions or limitations specified in his or her instrument of        17
             appointment.                                                                               18
       (2)   Nothing in this Act authorises or requires an authorised officer to act in contravention   19
             of the conditions or limitations specified in his or her instrument of appointment as      20
             an authorised officer.                                                                     21

360   Police officers taken to be authorised officers                                                   22
       (1)   A police officer is taken to be an authorised officer under this Act and may exercise      23
             all of the functions of an authorised officer under this Act.                              24
       (2)   Nothing in this Act limits the powers of a police officer under the Law Enforcement        25
             (Powers and Responsibilities) Act 2002 or any other law.                                   26

361   Identification                                                                                    27
       (1)   Every authorised officer, other than a police officer, is to be provided with evidence     28
             of his or her authority as an authorised officer.                                          29
       (2)   In the course of exercising the functions of an authorised officer under this Act, the     30
             officer must, if requested to do so by any person affected by the exercise of any such     31
             function, produce to the person the officer's evidence of authority, unless the person     32
             is a police officer.                                                                       33
       (3)   The Secretary may direct any person who ceases to be an authorised officer to return       34
             to the Secretary the evidence of his or her authority as an authorised officer.            35
       (4)   A person who fails to comply with a direction under subsection (3) is guilty of an         36
             offence.                                                                                   37
       (5)   An offence against subsection (4) is a category 2 offence.                                 38

362   Use of assistants                                                                                 39
       (1)   An authorised officer exercising a power conferred by or under this Act may exercise       40
             the power with the assistance of any other persons the authorised officer considers        41
             necessary.                                                                                 42



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       (2)   The person may accompany an authorised officer and take all reasonable steps to             1
             assist the authorised officer in the exercise of the authorised officer's functions under   2
             this Act.                                                                                   3

363   Use of dogs                                                                                        4
       (1)   An authorised officer may use a dog for the purpose of assisting the authorised             5
             officer to detect the presence of, or manage, biosecurity matter.                           6
       (2)   An authorised officer who is entitled to enter premises under this Act is entitled to       7
             enter those premises in the company of a dog that is used or proposed to be used for        8
             that purpose.                                                                               9
       (3)   An authorised officer who exercises a function in the company of, or using, a dog is        10
             required to keep the dog under control and to take all reasonable precautions to            11
             prevent the dog from touching any person who is affected by the exercise of the             12
             function.                                                                                   13
       (4)   Nothing in this section authorises the use of a dog for general drug detection (within      14
             the meaning of Division 2 of Part 11 of the Law Enforcement (Powers and                     15
             Responsibilities) Act 2002).                                                                16

364   Obstructing authorised officers                                                                    17
       (1)   A person who resists or obstructs an authorised officer in the exercise of the officer's    18
             functions under this Act is guilty of an offence.                                           19
       (2)   An offence against this section is a category 2 offence.                                    20

365   Assaulting authorised officers                                                                     21
       (1)   A person who assaults, abuses or threatens an authorised officer, or who encourages         22
             another person to do so, is guilty of an offence.                                           23
       (2)   An offence against this section is a category 1 offence.                                    24

366   Impersonating authorised officers                                                                  25
       (1)   A person who impersonates an authorised officer is guilty of an offence.                    26
       (2)   An offence against this section is a category 2 offence.                                    27

Division 2          Local control authorities--weeds                                                      28

367   Local control authority--meaning                                                                    29
       (1)   The council of a local government area is the local control authority for land within       30
             that local government area unless the weed control functions for that area have been        31
             conferred on a county council under any other Act. If the weed control functions for        32
             an area have been conferred on a county council, the county council is the local            33
             control authority for that area.                                                            34
       (2)   The Western Lands Commissioner is the local control authority for land within the           35
             Western Division that is not within a local government area.                                36
       (3)   The Lord Howe Island Board is the local control authority for land within Lord Howe         37
             Island.                                                                                     38

368   Functions of local control authority                                                               39
       (1)   A local control authority has the following functions, in relation to the land for which    40
             it is the local control authority:                                                          41




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              (a)   the prevention, elimination, minimisation and management of the biosecurity         1
                    risk posed or likely to be posed by weeds,                                          2
              (b)   to develop, implement, co-ordinate and review weed control programs,                3
              (c)   to inspect land in connection with its weed control functions,                      4
              (d)   to keep records about the exercise of the local control authority's functions       5
                    under this Act,                                                                     6
              (e)   to report to the Secretary about the exercise of the local control authority's      7
                    functions under this Act.                                                           8
       (2)   Nothing in this section limits the functions of the Secretary under this Act in relation    9
             to the control of weeds in any area.                                                       10
       (3)   A function of a local control authority under this Act is to be exercised in accordance    11
             with any requirements specified in the regulations and any directions (not                 12
             inconsistent with the regulations) given by the Secretary.                                 13

369   Local authorities to appoint authorised officers to control weeds                                 14
       (1)   A local control authority has the same power as the Secretary to appoint authorised        15
             officers in relation to land for which it is the local control authority.                  16
       (2)   A person appointed by a local control authority as an authorised officer may exercise      17
             the functions of an authorised officer:                                                    18
              (a) in relation to weeds only, and                                                        19
             (b) subject to this Division, only in relation to land for which that local control        20
                    authority is the local control authority.                                           21
       (3)   Division 1 applies in relation to the appointment of an authorised officer by a local      22
             control authority in the same way as it applies in relation to the appointment of an       23
             authorised officer by the Secretary.                                                       24

       (4)   A local control authority has the same functions as the Secretary with respect to:         25
             (a) any biosecurity direction given by an authorised officer appointed by the local        26
                   control authority, or                                                                27
             (b) any biosecurity undertaking executed by an authorised officer appointed by             28
                   the local control authority.                                                         29
       (5)   A reference in this Act to an authorised officer acting on behalf of the Secretary         30
             includes a reference to an authorised officer acting on behalf of a local control          31
             authority.                                                                                 32
       (6)   The regulations may make further provision for:                                            33
             (a) the exercise by a local control authority of any functions of the Secretary under      34
                   this Act, in relation to weeds, and                                                  35
             (b) the exercise by an authorised officer appointed by a local control authority of        36
                   functions under this Act.                                                            37
       (7)   Nothing in this section limits the functions of an authorised officer appointed by the     38
             Secretary in relation to the control of weeds in any area.                                 39

370   Recovery of fees                                                                                  40
       (1)   A local control authority may exercise any function of the Secretary under this Act        41
             in relation to the recovery of fees charged, or costs or expenses incurred, in             42
             connection with the exercise of functions by an authorised officer who is appointed        43
             by the local control authority.                                                            44




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       (2)   For that purpose:                                                                          1
             (a) a reference in this Act to the Secretary includes a reference to a local control       2
                   authority, and                                                                       3
             (b) a reference in this Act to any costs or expenses incurred by or on behalf of the       4
                   Secretary includes a reference to costs or expenses incurred by or on behalf of      5
                   the local control authority.                                                         6

371   Arrangements for joint exercise of functions                                                      7
       (1)   A local control authority may enter into an arrangement with one or more local              8
             control authorities that authorises an authorised officer appointed by any of those         9
             local control authorities to exercise functions in relation to land for which any of       10
             those local control authorities is a local control authority.                              11
       (2)   An authorised officer appointed by a local control authority may, in accordance with       12
             any such arrangement, exercise functions under this Act in relation to land for which      13
             another local control authority is the local control authority.                            14

372   Delegation by local control authority                                                             15
       (1)   A local control authority may delegate to any officer or employee of the local control     16
             authority any function conferred on the local control authority by this Act or the         17
             regulations, other than this power of delegation.                                          18

       (2)   A delegate may subdelegate any function delegated to the delegate by the local             19
             control authority if authorised to do so by the local control authority by instrument in   20
             writing.                                                                                   21

       (3)   A delegate cannot subdelegate a function to a person if the local control authority        22
             does not have power to delegate that function to the person.                               23
       (4)   If a local control authority delegates functions subject to conditions or limitations,     24
             any subdelegation by the delegate is taken to be subject to the same conditions and        25
             limitations, and any further conditions or limitations imposed by the delegate.            26

Division 3          Other officers                                                                      27

373   Chief Plant Protection Officer                                                                    28
       (1)   The Secretary may, by instrument in writing, appoint an officer employed in the            29
             Department to be Chief Plant Protection Officer, and one or more other officers so         30
             employed to be Deputy Chief Plant Protection Officers, for the purposes of this Act.       31
       (2)   A Deputy Chief Plant Protection Officer may exercise the functions of Chief Plant          32
             Protection Officer on such terms and in such circumstances as may be specified in          33
             the instrument of appointment of the Deputy Chief Plant Protection Officer.                34

374   Chief Veterinary Officer                                                                          35
       (1)   The Secretary may, by instrument in writing, appoint an officer employed in the            36
             Department to be Chief Veterinary Officer, and one or more other officers so               37
             employed to be Deputy Chief Veterinary Officers, for the purposes of this Act.             38
       (2)   A Deputy Chief Veterinary Officer may exercise the functions of Chief Veterinary           39
             Officer on such terms and in such circumstances as may be specified in the                 40
             instrument of appointment of the Deputy Chief Veterinary Officer.                          41

375   Analysts                                                                                          42
       (1)   The Secretary may, by instrument in writing, appoint any person as an authorised           43
             analyst for the purposes of this Act.                                                      44



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       (2)   An appointment may be unconditional, or subject to conditions or limitations.                1
       (3)   An authorised analyst may exercise the following functions, subject to any                   2
             conditions or limitations specified in his or her instrument of appointment:                 3
             (a) the functions of an authorised analyst under this Act,                                   4
             (b) the functions of an analyst under the Stock Medicines Act 1989.                          5
       (4)   The Secretary may, by instrument in writing, revoke or amend the appointment of a            6
             person as an authorised analyst at any time.                                                 7
       (5)   If an appointment of an authorised analyst is made by reference to a particular office,       8
             the person appointed ceases to be an authorised analyst if he or she ceases to hold that      9
             office.                                                                                      10

Division 4          General                                                                               11

376   Delegation by Secretary                                                                             12
       (1)   The Secretary may delegate to any person any function conferred on the Secretary by          13
             this Act or the regulations, other than this power of delegation.                            14
       (2)   The following functions may be delegated only to an officer or employee of a                 15
             government agency:                                                                           16
             (a) making emergency orders under this Act,                                                  17
             (b) making control orders under this Act,                                                    18
             (c) granting or renewing emergency permits under this Act,                                   19
             (d) granting or renewing prohibited matter permits under this Act.                           20
       (3)   A delegate may subdelegate any function delegated to the delegate by the Secretary,          21
             if authorised to do so by the Secretary, by instrument in writing.                           22
       (4)   A delegate cannot subdelegate a function to a person if the Secretary does not have          23
             power to delegate that function to the person.                                               24

       (5)   If the Secretary delegates functions subject to conditions or limitations, any               25
             subdelegation by the delegate is taken to be subject to the same conditions and              26
             limitations, and any further conditions or limitations imposed by the delegate.              27

377   Extraterritorial exercise of functions                                                              28
       (1)   The Minister may enter into an arrangement with a Minister of another State or a             29
             Territory providing for either or both of the following:                                     30
             (a) the exercise, in another State or a Territory, by authorised officers or by              31
                    officers of that State or Territory of functions under this Act or the regulations,   32
             (b) the exercise, in this State, by authorised officers or by officers of that State or      33
                    Territory of functions under a corresponding law.                                     34
       (2)   The Secretary may enter into an arrangement with the head of an interstate                   35
             biosecurity agency providing for either or both of the following:                            36
             (a) the exercise, in another State or a Territory, by authorised officers or by              37
                   officers of that State or Territory of functions under this Act or the regulations,    38
             (b) the exercise, in this State, by authorised officers or by officers of that State or      39
                   Territory of functions under a corresponding law.                                      40
       (3)   An authorised officer or an officer of another State or a Territory may, in accordance       41
             with any such arrangement, exercise functions under this Act in another State or a           42
             Territory, but only to the extent that the matters concerned relate to a biosecurity         43
             impact or potential biosecurity impact on this State.                                        44



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       (4)   An authorised officer or an officer of another State or a Territory may, in accordance   1
             with any such arrangement, exercise functions in this State under a corresponding        2
             law of another State or a Territory, but only to the extent that the matters concerned   3
             relate to a biosecurity impact or potential biosecurity impact on that State or          4
             Territory.                                                                               5

       (5)   In this section:                                                                         6
             interstate biosecurity agency means a government department or agency of another         7
             State or a Territory responsible for the administration of a corresponding law.          8

378   Access to information by authorised officers                                                    9
       (1)   Roads and Maritime Services is authorised and required to provide an authorised          10
             officer, on request, with the following information, if available, if an authorised      11
             officer requires the information in connection with an investigation of a suspected      12
             contravention of the requirements imposed by or under this Act:                          13
             (a) the name and address of the person in whose name a vehicle is registered,            14
             (b) details of any licence for a vehicle held by a person,                               15
             (c) details of any vehicle registered in the name of a person.                           16
       (2)   The regulations may authorise and require any other government agency to provide         17
             an authorised officer with specified information (including personal information         18
             within the meaning of the Privacy and Personal Information Protection Act 1998).         19
       (3)   A regulation may not be made under this section except with the concurrence of the       20
             Attorney General.                                                                        21

379   Waiver and refund of fees and other amounts                                                     22
             The Secretary may waive, reduce or refund payment of all or part of any fee or other     23
             amount payable under this Act or the regulations if the Secretary considers it is        24
             appropriate to do so.                                                                    25




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Part 23 Miscellaneous                                                                                    1

380   Protection from liability                                                                          2
       (1)   A matter or thing done or omitted to be done by a protected person does not subject         3
             the protected person, the Crown or any government agency to any action, liability,          4
             claim or demand if the matter or thing was done or omitted to be done in good faith         5
             for the purpose of executing any provision of this Act, the regulations or any              6
             instrument made under this Act.                                                             7
       (2)   This section extends to any matter or thing done or omitted to be done by a person           8
             who is requested by an authorised officer to provide assistance to that authorised           9
             officer in the exercise or purported exercise of any function conferred on the              10
             authorised officer, as if the thing were done or omitted to be done by the authorised       11
             officer.                                                                                    12

       (3)   This section extends to any matter or thing done or omitted to be done by an                13
             authorised officer who is approved by the Secretary to exercise the functions of a          14
             biosecurity certifier or biosecurity auditor in the exercise or purported exercise of any   15
             of those functions.                                                                         16
       (4)   In this section:                                                                            17
             Crown means the Crown within the meaning of the Crown Proceedings Act 1988 or               18
             an officer, employee or agency of the Crown.                                                19
             protected person means:                                                                     20
              (a) the Minister, or                                                                       21
             (b) the Secretary, or                                                                       22
              (c) an authorised officer, or                                                              23
             (d) an officer, employee or agent of the Crown or a government agency, or                   24
              (e) the Western Lands Commissioner, or                                                     25
              (f) any other person of a class prescribed by the regulations.                             26

381   Breach of duty of confidentiality excluded                                                         27
             A person who, acting in good faith, provides any information to the Secretary, an           28
             authorised officer or any other person exercising functions under this Act about            29
             biosecurity matter or a carrier does not incur any civil liability because of a breach of   30
             a duty of confidentiality in relation to that information.                                  31

382   Restraint of contraventions of requirement imposed by or under Act                                 32
       (1)   The Secretary may bring proceedings in the Land and Environment Court for an                33
             order to restrain a contravention (or a threatened or apprehended contravention) of         34
             any requirement imposed by or under this Act.                                               35
       (2)   If the Court is satisfied that a contravention, or a threatened or apprehended              36
             contravention, will occur or is likely to occur, unless restrained by order of the Court,   37
             it may make such orders as it thinks fit to restrain the contravention or other conduct     38
             of the person by whom the contravention is committed or by whom the threatened or           39
             apprehended contravention is likely to be committed.                                        40

       (3)   Without limiting the powers of the Court under this section, an order under this            41
             section may suspend any biosecurity registration or permit.                                 42

383   Planning and other requirements in relation to authorised actions                                  43
       (1)   Authorised actions may be taken on land despite any requirement for an approval,            44
             consent or other authorisation for the work made by the Environmental Planning and          45



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             Assessment Act 1979, the Native Vegetation Act 2003, the Threatened Species                 1
             Conservation Act 1995, the National Parks and Wildlife Act 1974 or any other Act            2
             or instrument made under an Act.                                                            3
       (2)   An environmental planning instrument under the Environmental Planning and                   4
             Assessment Act 1979 cannot prohibit, require development consent for or otherwise           5
             restrict the taking of any authorised action.                                               6
       (3)   Part 5 of the Environmental Planning and Assessment Act 1979 does not apply to or           7
             in respect of any authorised action that is:                                                8
              (a) authorised or required by or under an emergency order, or                              9
             (b) required by a biosecurity direction that is given in the case of an emergency, or       10
              (c) taken by an authorised officer under Division 4 of Part 8 in the case of an            11
                    emergency.                                                                           12
       (4)   In this section:                                                                            13
             authorised action means:                                                                    14
              (a) any action that is required to discharge a biosecurity duty arising because of         15
                     the presence or suspected presence of biosecurity matter in a part of the State     16
                     in which it is prohibited matter, or                                                17
             (b) any action authorised, required or taken under:                                         18
                      (i) the mandatory measures, or                                                     19
                     (ii) an emergency order, or                                                         20
                    (iii) a control order, or                                                            21
                    (iv) a biosecurity zone regulation, or                                               22
                     (v) a biosecurity direction, or                                                     23
                    (vi) a permit, or                                                                    24
              (c) any action taken by an authorised officer under Division 4 of Part 8.                  25

384   Collection, use and disclosure of information                                                      26
       (1)   The Secretary, an authorised officer, a local control authority and any other person        27
             engaged in the administration of this Act may collect and use information (including        28
             personal information and health information) for the purpose of exercising their            29
             biosecurity risk functions.                                                                 30
       (2)   The Secretary, an authorised officer, a local control authority and any other person        31
             engaged in the administration of this Act may, for the purpose of exercising a              32
             biosecurity risk function, disclose information (including personal information and         33
             health information) about a person, without the consent of the person:                      34
             (a) to a public sector agency, or                                                           35
             (b) to any other person, but only if the disclosure is reasonably necessary for the         36
                    purpose of exercising a biosecurity risk function.                                   37
             Note. Public sector agencies are bound by the Privacy and Personal Information Protection   38
             Act 1998.                                                                                   39
       (3)   A public sector agency may disclose to the Secretary, an authorised officer, a local        40
             control authority or any other person engaged in the administration of this Act any         41
             information (including personal information and health information) about a person          42
             that the public sector agency holds, without the consent of the person, if the              43
             Secretary, authorised officer, local control authority or other person requests the         44
             information and certifies in writing that the information:                                  45
              (a) is required for the purpose of exercising a biosecurity risk function, and             46




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              (b)   the provision of the information is reasonably necessary for the purpose of       1
                    exercising that biosecurity risk function.                                        2
       (4)   The Secretary, an authorised officer, a local control authority and any other person     3
             engaged in the administration of this Act are not required to comply with section 9      4
             of the Privacy and Personal Information Protection Act 1998 if compliance would          5
             detrimentally affect, or prevent, the exercise of their biosecurity risk functions.      6
       (5)   In this section:                                                                         7
             biosecurity risk function means a function under this Act relating to the prevention,    8
             elimination, minimisation or management of biosecurity risks.                            9
             health information has the same meaning as it has in the Health Records and              10
             Information Privacy Act 2002.                                                            11
             personal information has the same meaning as it has in the Privacy and Personal          12
             Information Protection Act 1998.                                                         13
             public sector agency has the same meaning as it has in the Privacy and Personal          14
             Information Protection Act 1998.                                                         15

385   Hunting may be authorised                                                                       16
             The holder of a game hunting licence under the Game and Feral Animal Control Act         17
             2002 does not contravene a condition of that licence relating to the manner of hunting   18
             a game animal (within the meaning of that Act) if the holder hunts the game animal       19
             on land to which an emergency order, control order or biosecurity zone regulation        20
             applies and the manner of hunting is authorised by that order or regulation.             21

386   Cruelty to animals not authorised                                                               22
             This Act or an instrument made under this Act does not authorise the contravention       23
             of the Prevention of Cruelty to Animals Act 1979.                                        24

387   Application of Surveillance Devices Act 2007                                                    25
       (1)   The Surveillance Devices Act 2007 does not:                                              26
             (a) prevent the Secretary or an authorised officer from imposing a requirement           27
                   under this Act that an owner or occupier of premises install or use a device on    28
                   those premises for the purpose of detecting or monitoring the presence of any      29
                   biosecurity matter or other thing on those premises, or                            30
             (b) prevent the owner or occupier from installing or using the device in                 31
                   accordance with that requirement.                                                  32
       (2)   The Surveillance Devices Act 2007 does not prevent an authorised officer from            33
             exercising a function under this Act of installing or using a device on any premises     34
             for the purpose of detecting or monitoring the presence of any biosecurity matter or     35
             other thing.                                                                             36
       (3)   The Surveillance Devices Act 2007 does not prevent the Secretary or an authorised        37
             officer from possessing a record of an activity obtained by use of a device installed    38
             or used as referred to in this section.                                                  39
       (4)   However, this section does not authorise:                                                40
             (a) the installation or use of a device for the purpose of detecting or monitoring       41
                 the presence of a person, or                                                         42
             (b) the installation or use of a device for the purpose of overhearing, recording,       43
                 monitoring or listening to a private conversation, or                                44
             (c) the possession, publication or communication of a record of a private                45
                 conversation obtained by the use of a device.                                        46




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       (5)   A record of any conversation obtained by the use of a device under this Act in               1
             circumstances that, but for this section, would contravene the Surveillance Devices          2
             Act 2007, is inadmissible as evidence in any criminal proceedings.                           3
       (6)   A record of any image of a person that is obtained by the use of a device under this         4
             Act in circumstances that, but for this section, would contravene the Surveillance           5
             Devices Act 2007, is inadmissible as evidence in any criminal proceedings except             6
             with the consent of the person.                                                              7
       (7)   Subsection (5) or (6) does not prevent the admission of any part of a record obtained        8
             by use of a device that is not a record of a conversation or image of a person.              9
       (8)   In this section, private conversation and record have the same meanings as in the            10
             Surveillance Devices Act 2007.                                                               11

388   Continuing effect of requirements                                                                   12
       (1)   A requirement imposed by or under this Act that specifies a time by which, or a              13
             period within which, the requirement must be complied with continues to have effect          14
             until the requirement is complied with even though the time has passed or the period         15
             has expired.                                                                                 16
       (2)   A requirement that does not specify a time by which, or period within which, the             17
             requirement must be complied with continues to have effect until the requirement is          18
             complied with.                                                                               19

       (3)   This section does not apply to the extent that any requirement imposed by or under           20
             this Act is revoked.                                                                         21

       (4)   Nothing in this section affects the powers of the Secretary with respect to the              22
             enforcement of any requirement imposed by or under this Act.                                 23

389   Service of notices and other documents                                                              24
       (1)   A notice or other document that is authorised or required by this Act or the                 25
             regulations to be served on or given to any person may be served or given by:                26
              (a) in the case of a natural person:                                                        27
                     (i) delivering it to the person personally, or                                       28
                    (ii) sending it by post to the address specified by the person for the giving         29
                          or service of documents or, if no such address is specified, the                30
                          residential or business address of the person last known to the person          31
                          giving or serving the document, or                                              32
                   (iii) sending it by electronic transmission to an address or location                  33
                          nominated by the person (in correspondence or otherwise) as an address          34
                          or location for the giving or service of documents of that kind, or             35
             (b) in the case of a body corporate:                                                         36
                     (i) leaving it with a person apparently of or above the age of 16 years at, or       37
                          by sending it by post to, the head office, a registered office or a principal   38
                          office of the body corporate or to an address specified by the body             39
                          corporate for the giving or service of documents, or                            40
                    (ii) sending it by electronic transmission to an address or location                  41
                          nominated by the body corporate (in correspondence or otherwise) as an          42
                          address or location for the giving or service of documents of that kind.        43

       (2)   A notice or other document that is authorised or required to be served on or given to        44
             the occupier of any particular premises may, if addressed to the occupier of the             45
             premises (either by name or as the occupier), be given or served:                            46




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              (a)   by delivering the document or a true copy of it to some person on those            1
                    premises who is apparently over the age of 16 years, or                            2
              (b)   if there is no person on those premises who can be given or served with the        3
                    document, by fixing the document or copy to some conspicuous part of the           4
                    premises.                                                                          5
       (3)   Nothing in this section affects the operation of any provision of a law or of the rules   6
             of a court authorising a document to be served on a person in any other manner.           7

390   Evidentiary certificates                                                                         8
       (1)   A certificate that is issued by the Secretary and that states any of the following         9
             matters is admissible in any legal proceedings and is evidence of the matters so          10
             stated:                                                                                   11
             (a) that an instrument was issued, made or given under this Act, or signed, on a          12
                    specified day, by a specified person,                                              13
             (b) the terms of any instrument issued, made or given, or purported to be made,           14
                    issued or given, under this Act, as in force on a specified day or during a        15
                    specified period,                                                                  16
             (c) that an instrument issued, made or given under this Act was amended or                17
                    revoked, the day on which it was amended or revoked, and the terms of any          18
                    amendment,                                                                         19
             (d) the terms of any approved form, on a specified day or during a specified              20
                    period,                                                                            21
             (e) the terms of any application made to the Secretary under this Act,                    22
              (f) that a function was delegated under this Act, including the following:               23
                      (i) the person or persons to whom the function was delegated,                    24
                     (ii) the date of the delegation,                                                  25
                   (iii) the period during which the delegation had effect,                            26
                   (iv) the terms of the delegation, including any restrictions or limitations on      27
                           the delegation,                                                             28
             (g) that a person who made, gave or issued, or purported to make, give or issue,          29
                    an instrument under this Act was the holder of a specified office on a specified   30
                    day or during a specified period,                                                  31
             (h) that a person was or was not authorised under this Act (including as a delegate)      32
                    to exercise specified functions under this Act, on a specified day or during a     33
                    specified period,                                                                  34
              (i) that a person was or was not, on a specified day or during a specified period,       35
                    a registered entity under this Act,                                                36
              (j) that a person was or was not, on a specified day or during a specified period,       37
                    the holder of a permit under this Act,                                             38
             (k) the terms of any permit issued under this Act, including any conditions or            39
                    restrictions on a permit, as in force on a specified day or during a specified     40
                    period,                                                                            41
              (l) that a person was, on a specified day or during a specified period:                  42
                      (i) an authorised officer, or                                                    43
                     (ii) Chief Plant Protection Officer or Deputy Chief Plant Protection Officer,     44
                           or                                                                          45
                   (iii) Chief Veterinary Officer or Deputy Chief Veterinary Officer, or               46
                   (iv) an authorised analyst,                                                         47




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             (m)     the terms of, and any conditions of or limitations on, the following, as in force   1
                     on a specified day or during a specified period:                                    2
                      (i) a person's appointment as an authorised officer under this Act,                3
                     (ii) an approval that authorises an authorised officer to exercise the              4
                             functions of a biosecurity certifier or biosecurity auditor,                5
              (n)    that a person was or was not, on a specified day or during a specified period:      6
                      (i) a registered entity, or                                                        7
                     (ii) a biosecurity certifier, or                                                    8
                    (iii) a biosecurity auditor, or                                                      9
                    (iv) an accreditation authority,                                                     10
              (o)    the terms of, and any conditions of or limitations on, the following, as in force   11
                     on a specified day or during a specified period:                                    12
                      (i) a person's biosecurity registration,                                           13
                     (ii) a person's accreditation as a biosecurity certifier under this Act,            14
                    (iii) a person's appointment as a biosecurity auditor under this Act,                15
                    (iv) a person's approval as an accreditation authority,                              16
              (p)    the suspension or cancellation of any of the following, on a specified day:         17
                      (i) biosecurity registration,                                                      18
                     (ii) accreditation as a biosecurity certifier under this Act,                       19
                    (iii) appointment as a biosecurity auditor under this Act,                           20
                    (iv) approval as an accreditation authority,                                         21
              (q)    that a specified authorised officer gave a specified person a written biosecurity   22
                     direction on a specified day, and the terms of that biosecurity direction,          23
              (r)    the terms of any biosecurity undertaking executed, the persons who executed         24
                     the biosecurity undertaking and the date it was executed, and the terms and         25
                     date of any variation to or withdrawal from that biosecurity undertaking,           26
              (s)    that a report on a biosecurity audit was received by the Secretary on a             27
                     particular day, and the particulars of any report so received,                      28
              (t)    that a notice or other information was provided by a person to the Secretary,       29
                     or any other person authorised by or under this Act to receive the notice or        30
                     information, on a specified date, and particulars of the notice or information      31
                     provided,                                                                           32
              (u)    that a person was, on a specified date, directed to engage a biosecurity auditor    33
                     to carry out a biosecurity audit,                                                   34
              (v)    that an amount payable under this Act by a specified person has, or has not,        35
                     been paid.                                                                          36
       (2)   For the purposes of this section, a document purporting to be a certificate under this      37
             section is, unless the contrary is proved, taken to be such a certificate.                  38
       (3)   In this section:                                                                            39
             given includes served.                                                                      40
             instrument includes a control order, emergency order or biosecurity certificate.            41

391   Evidence of analysts                                                                               42
       (1)   A certificate of an authorised analyst stating the result of an analysis or examination     43
             is admissible in evidence in any legal proceedings as evidence of the facts stated in       44
             the certificate and the correctness of the result of the analysis or examination.           45




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       (2)   A certificate of an authorised analyst certifying that, on receipt of a container          1
             containing a sample submitted to the analyst by an authorised officer or any other         2
             person, the container was sealed and the seal securing the container was unbroken is       3
             admissible in evidence in any legal proceedings as evidence:                               4
             (a) of the facts stated in the certificate, and                                            5
             (b) that the sample was the same sample as the one submitted by the authorised             6
                   officer or other person, and                                                         7
             (c) that the sample had not been tampered with after sealing.                              8
       (3)   For the purposes of this section, a document purporting to be a certificate under this      9
             section is, unless the contrary is proved, taken to be such a certificate.                 10

392   Evidence as to state of mind of corporation                                                       11
       (1)   Without limiting any other law or practice regarding the admissibility of evidence,        12
             evidence that an officer, employee or agent of a corporation (while acting in his or       13
             her capacity as such) had, at any particular time, a particular state of mind, is          14
             evidence that the corporation had that state of mind.                                      15
       (2)   In this section, the state of mind of a person includes:                                   16
              (a) the knowledge, intention, opinion, belief or purpose of the person, and               17
             (b) the person's reasons for the intention, opinion, belief or purpose.                    18

393   Evidence of publication of instruments on website                                                 19
       (1)   The Secretary is to cause a record to be kept of the publication on the Department's       20
             website of any of the following:                                                           21
             (a) an emergency order,                                                                    22
             (b) a control order,                                                                       23
             (c) a general biosecurity direction.                                                       24
       (2)   The record must include:                                                                   25
             (a) the date of publication, and                                                           26
             (b) the web address of publication, and                                                    27
             (c) the wording of the instrument as published.                                            28
       (3)   In any legal proceedings, a certificate issued by the Secretary and stating that records   29
             kept by the Secretary under this section indicate that an instrument referred to in        30
             subsection (1) was published on the website of the Department on a particular date is      31
             admissible and is evidence of the matters stated in the certificate.                       32
       (4)   For the purposes of this section, a document purporting to be a certificate under this     33
             section is, unless the contrary is proved, taken to be such a certificate.                 34

394   Evidence of part to be evidence of whole                                                          35
             In any legal proceedings, evidence as to the nature of the whole or part of a sample       36
             of a thing:                                                                                37
              (a) taken from a parcel of the thing, or                                                  38
             (b) taken from a quantity of the thing that was, at the time the sample was so taken,      39
                    represented as being, or as being part of, a bulk lot of the thing,                 40
             in the exercise of a function conferred by this Act is evidence as to the nature of the    41
             whole of the contents of the parcel or bulk lot, as the case may be.                       42




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395   Description of land in notices and other instruments                                                 1
             Land is sufficiently described in a notice or other instrument given or made under this       2
             Act if the description of the land allows no reasonable doubt as to the land to which         3
             the notice or instrument relates.                                                             4

396   Reasonable suspicion--carriers                                                                        5
       (1)   For the purposes of this Act, an animal, plant, place or thing may reasonably be              6
             suspected of being a carrier of biosecurity matter if there is reason to think that           7
             biosecurity matter is present in or on the animal, plant, place or thing.                     8
       (2)   It is not necessary, in order to form a reasonable suspicion that an animal or plant is        9
             a carrier of biosecurity matter, for the animal or plant to be exhibiting signs of            10
             infection or contamination or other signs that it is a carrier.                               11
       (3)   An animal, plant or thing may, for the purposes of this Act, be reasonably suspected          12
             of being a carrier of biosecurity matter if there is reason to think it is or has been in     13
             or with a flock, group or herd, or is travelling or has travelled on any land or place,       14
             or in a vehicle, in which there is or was an animal, plant or thing that was a carrier of     15
             the biosecurity matter.                                                                       16
       (4)   An animal or plant may, for the purposes of this Act, be reasonably suspected of              17
             being a carrier of biosecurity matter if there is reason to think that there is present in    18
             or on the place where the animal or plant is kept a vehicle or thing that has been in or      19
             on another place when the biosecurity matter or a carrier of the biosecurity matter           20
             was present in or on that other place.                                                        21

       (5)   A place or thing may, for the purposes of this Act, be reasonably suspected of being          22
             a carrier of biosecurity matter if there is reason to think that there is present in or on    23
             the place or thing a vehicle or thing that has been in or on another place when the           24
             biosecurity matter or a carrier of the biosecurity matter was present in or on that other     25
             place.                                                                                        26

       (6)   This section does not prejudice any other evidence or consideration by which the              27
             Secretary, an authorised officer or any other person might reasonably suspect that an         28
             animal, plant, place or thing is a carrier of biosecurity matter.                             29

397   Reasonable suspicion of infection                                                                    30
       (1)   For the purposes of this Act, an animal, plant, place or thing may reasonably be              31
             suspected of being infected with a disease if there is reason to think that a disease         32
             agent is present in or on the animal, plant, place or thing.                                  33
       (2)   It is not necessary, in order to form a reasonable suspicion that an animal, plant, place     34
             or thing is infected with a disease, for the animal, plant, place or thing to be exhibiting   35
             signs of the disease.                                                                         36
       (3)   An animal, plant or thing may, for the purposes of this Act, be reasonably suspected          37
             of being infected with a disease if it is or has been in or with a flock, group or herd,      38
             or is travelling or has travelled on any land or place, or in a vehicle, in which there       39
             was or is an animal, plant or thing infected with a disease.                                  40
       (4)   This section does not prejudice any other evidence or consideration by which the              41
             Secretary, an authorised officer or other person might reasonably suspect that an             42
             animal, plant, place or thing is infected with a disease.                                     43

398   Reasonable suspicion of infestation                                                                  44
       (1)   For the purposes of this Act, an animal, plant, place or thing may reasonably be              45
             suspected of being infested with a pest if there is reason to think:                          46
             (a) that the pest is present in or on the animal, plant, place or thing, or                   47



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              (b)   that there is present in or on the place or thing a vehicle or thing that has been            1
                    in or on another place when the pest was present in or on that other place.                   2
       (2)   This section does not prejudice any other evidence or consideration by which the                     3
             Secretary, an authorised officer or other person might reasonably suspect that an                    4
             animal, plant, place or thing is infested with a pest.                                               5

399   Exemptions                                                                                                  6
       (1)   The Secretary may, by order published in the Gazette, exempt any specified person                     7
             or class of persons, specified occupier or class of occupiers or any specified                        8
             biosecurity matter, carrier, premises or thing from the operation of all or any                       9
             specified provisions of this Act.                                                                    10
       (2)   An exemption may be unconditional or subject to conditions.                                          11

400   Application of Personal Property Securities Act 2009 (Cth)                                                  12
             Each of the following is declared not to be personal property for the purposes of the                13
             Personal Property Securities Act 2009 of the Commonwealth:                                           14
             (a) biosecurity registration,                                                                        15
             (b) a permit,                                                                                        16
             (c) accreditation as a biosecurity certifier,                                                        17
             (d) appointment as a biosecurity auditor,                                                            18
             (e) approval to exercise the functions of an accreditation authority.                                19
             Note. The Personal Property Securities Act 2009 of the Commonwealth does not apply in                20
             relation to a right, licence or authority granted by or under a law of a State that is declared by   21
             the law not to be personal property for the purposes of that Act.                                    22

401   Regulations                                                                                                 23
       (1)   The Governor may make regulations, not inconsistent with this Act, for or with                       24
             respect to any matter that by this Act is required or permitted to be prescribed or that             25
             is necessary or convenient to be prescribed for carrying out or giving effect to this                26
             Act.                                                                                                 27

       (2)   Without limiting the generality of the above, the regulations may make provision for                 28
             or with respect to any matter described in Schedule 5.                                               29
       (3)   A regulation may apply, adopt or incorporate any publication as in force at a                        30
             particular time or as in force from time to time.                                                    31
       (4)   A regulation may create an offence punishable by a penalty not exceeding $11,000.                    32

402   Repeals                                                                                                     33
             The Acts specified in Schedule 6, and any regulations under those Acts, are repealed.                34

403   Review of Act                                                                                               35
       (1)   The Minister is to review this Act to determine whether the policy objectives of the                 36
             Act remain valid and whether the terms of the Act remain appropriate for securing                    37
             those objectives.                                                                                    38
       (2)   The review is to be undertaken as soon as possible after the period of 5 years from                  39
             the day appointed by proclamation for the commencement of this Act or, if more than                  40
             one day is appointed, the first of those days.                                                       41
       (3)   A report on the outcome of the review is to be tabled in each House of Parliament                    42
             within 12 months after the end of the period of 5 years.                                             43




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Schedule 1             Special provisions relating to weeds                                          1

  1   Application of Schedule                                                                        2
             This Schedule applies for the purposes of, and without limiting, Part 3.                3

  2   Definitions                                                                                    4
             In this Schedule:                                                                       5
             channel land means land in an irrigation area designed and used or proposed to be       6
             used by the Water Administration Ministerial Corporation or an irrigation               7
             corporation (within the meaning of Part 1 of Chapter 4 of the Water Management Act      8
             2000) for the purpose of water supply or drainage channels.                             9
             irrigation area means:                                                                  10
              (a) land within an area within the meaning of the Hay Irrigation Act 1902 or the       11
                    Wentworth Irrigation Act 1890, or                                                12
             (b) land within the area of operations of an irrigation corporation within the          13
                    meaning of Part 1 of Chapter 4 of the Water Management Act 2000.                 14
             public authority means:                                                                 15
              (a) a public or local authority constituted by or under an Act (other than a local     16
                    control authority), or                                                           17
             (b) a Public Service agency (within the meaning of the Government Sector                18
                    Employment Act 2013), or                                                         19
              (c) a statutory body representing the Crown, or                                        20
             (d) the Forestry Corporation, or                                                        21
              (e) the trustees of land reserved or dedicated for any public purpose.                 22
             public channel land means channel land that is owned by the Crown or a public           23
             authority (other than land occupied by a person other than a public authority).         24
             public reserve has the same meaning as it has in the Local Government Act 1993.         25
             road does not include a highway, freeway, tollway or State work within the meaning      26
             of the Roads Act 1993.                                                                  27

  3   Duty to control weeds on roads                                                                 28
       (1)   A biosecurity duty imposed on an occupier of land under Part 3 to prevent, eliminate    29
             or minimise any biosecurity risk posed or likely to be posed by weeds on that land      30
             extends to weeds on:                                                                    31
             (a) any part of a road that intersects the land, not being part of the road that is     32
                   fenced on both sides, and                                                         33
             (b) the half of the width of any part of a road that forms part of the boundary of      34
                   the land, not being a part of the road that is fenced on both sides, and          35
             (c) any part of a road that forms part of the boundary of the land, being a part of     36
                   the road that is not fenced on the side forming part of the boundary but is       37
                   fenced on the other side.                                                         38
       (2)   An occupier of land is required to comply with any mandatory measures relating to       39
             weeds on land referred to in subclause (1) as if the occupier were dealing with those   40
             weeds.                                                                                  41
       (3)   An occupier may enter a road at all reasonable times for the purpose of discharging     42
             the occupier's biosecurity duty in relation to weeds or complying with a mandatory      43
             measure or biosecurity direction given in connection with weeds.                        44
       (4)   This clause does not apply to a road referred to in clause 5.                           45



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  4   Duty to control aquatic weeds                                                                       1
       (1)   If the land of an occupier is situated on opposite sides of a watercourse, river or          2
             inland water (tidal or non-tidal), a biosecurity duty imposed on an occupier of the          3
             land under Part 3 to prevent, eliminate or minimise any biosecurity risk posed or            4
             likely to be posed by weeds on that land extends to weeds located on the land                5
             between those sides.                                                                         6
       (2)   If a watercourse, river or inland water (tidal or non-tidal) is situated between land         7
             occupied by different occupiers, a biosecurity duty imposed on each occupier under            8
             Part 3 to prevent, eliminate or minimise any biosecurity risk posed or likely to be           9
             posed by weeds extends to weeds located on the land between the boundary of the              10
             land and any fence erected to define the boundary of the land or, if there is no such        11
             fence, to the middle line of the watercourse, river or inland water.                         12
       (3)   An occupier of land is required to comply with any mandatory measures relating to            13
             weeds on land referred to in subclause (1) or (2) as if the occupier were dealing with       14
             those weeds.                                                                                 15
       (4)   An occupier may enter a watercourse, river or inland water for the purpose of                16
             discharging the occupier's biosecurity duty in relation to weeds or complying with a         17
             mandatory measure or biosecurity direction given in connection with weeds.                   18

       (5)   A local control authority may, by order, exempt the whole or part of a watercourse,          19
             river or inland water in the area for which it is local control authority from the           20
             operation of subclause (1) or (2), or both, if, in its opinion, the depth or width of the    21
             watercourse, river or inland water is such that, in the circumstances, it would be           22
             unreasonable to apply the provisions concerned.                                              23

       (6)   A local control authority is to be responsible for weeds located on a watercourse,           24
             river or inland water in the area for which it is local control authority if subclause (1)   25
             or (2), or both, do not apply to the prevention, elimination or minimisation of the          26
             biosecurity risk posed or likely to be posed by those weeds because of an exemption          27
             granted by a local control authority or the Secretary under this Act.                        28

       (7)   This clause does not apply to land referred to in clause 5.                                  29

  5   Duty to control weeds in irrigation areas                                                           30
       (1)   A biosecurity duty imposed on an occupier of land under Part 3 to prevent, eliminate         31
             or minimise any biosecurity risk posed or likely to be posed by weeds on that land           32
             extends, if the land is within an irrigation area, to weeds on:                              33
             (a) any part of a public road, a public reserve or public channel land that intersects       34
                   the occupier's land, or forms part of its boundary and is within 20 metres from        35
                   the boundary of the land, and                                                          36
             (b) any part of a watercourse, river or inland water (tidal or non-tidal) situated on        37
                   the land.                                                                              38
       (2)   If a public road, a public reserve or public channel land less than 40 metres wide is        39
             situated between land within an irrigation area occupied by different occupiers, a           40
             biosecurity duty imposed on each occupier under Part 3 to prevent, eliminate or              41
             minimise any biosecurity risk posed or likely to be posed by weeds extends to weeds          42
             located on that part of the road, reserve or channel land that is located between the        43
             boundary of the occupier's land and the middle line of the road, reserve or channel          44
             land.                                                                                        45

       (3)   An occupier of land is required to comply with any mandatory measures relating to            46
             weeds on land referred to in subclause (1) or (2) as if the occupier were dealing with       47
             those weeds.                                                                                 48




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       (4)   An occupier may enter a public road, a public reserve or public channel land at all   1
             reasonable times for the purpose of discharging the occupier's biosecurity duty in    2
             relation to weeds or complying with a mandatory measure or biosecurity direction      3
             given in connection with weeds.                                                       4




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Schedule 2               Prohibited matter                                                         1

                                                                                    (Section 27)   2

Part 1        Prohibited matter--throughout the State                                               3
                                                                                                   4
Column 1                                       Column 2
Scientific name                                Common name
Pests and Diseases of Plants
Achatina fulica                                Giant African snail
Acleris comariana                              Strawberry tortrix
Adoxophyes orana                               Summer fruit tortrix
Agrilus planipennis                            Emerald ash borer
Aleurodicus dispersus                          Spiraling whitefly
Aleurolobus barodensis                         Sugarcane whitefly
Amyelois transitella                           Navel orangeworm
Anarsia lineatella                             Peach twig borer
Anisogramma anomala                            Hazelnut blight
Anthonomus bisignifer                          Strawberry bud weevil
Anthonomus grandis                             Cotton boll weevil
Apiosporina morbosa                            Black knot
Bactericera cockerelli                         Tomato potato psyllid
Bactrocera cucurbitae                          Melon fruit fly
Bactrocera dorsalis                            Oriental fruit fly
Banana bract mosaic virus                      Banana bract mosaic
Blood disease bacterium                        Blood disease
Botrytis squamosa                              Botrytis leaf blight
Burkholderia glumae                            Panicle blight
Bursaphelenchus species complex                Pinewood nematode species complex
Candidatus Liberibacter asiaticus              Huanglongbing /HLB/Citrus greening
Candidatus Liberibacter solanacearum           Zebra chip
Candidatus Phytoplasma prunorum                European stone fruit yellows
Ceratitis capitata                             Mediterranean fruit fly
Cherry leaf roll virus                         Blackline
Ciborinia camelliae                            Camellia petal blight
Citrus leprosis virus                          Citrus leprosis
Cladosporium caryigenum                        Pecan scab
Clavibacter michiganensis subsp. sepedonicus   Bacterial ring rot
Colletotrichum kahawae                         Coffee berry disease
Conotrachelus nenuphar                         Plum curculio


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Column 1                                  Column 2
Scientific name                           Common name
Coryphodema tristis                       South African cossid
Cotton leaf curl virus                    Cotton leaf curl
Cryphonectria parasitica                  Chestnut blight
Cryptotermes brevis                       West Indian drywood termite
Ctenopseustis obliquana                   Brown headed leafroller
Dasineura mali                            Apple leaf curling midge
Delia antiqua                             Onion fly
Dendroctonus ponderosae                   Mountain pine beetle
Diaphorina citri                          Asiatic citrus psyllid/Asian citrus psyllid
Diuraphis noxia                           Russian wheat aphid
Drosophila suzukii                        Spotted winged drosophila
Endocronartium harknessii                 Western gall rust
Erwinia amylovora                         Fire blight
Erwinia tracheiphila                      Bacterial wilt
Fusarium circinatum                       Pine pitch canker
Fusarium oxysporum f.sp. cubense          Panama disease tropical race 4
Gibberella fujikuroi                      Bakanae
Globodera pallida                         Pale potato cyst nematode
Globodera rostochiensis                   Golden potato cyst nematode
Grapevine flavescence dorée phytoplasma   Flavescence dorée
Guignardia bidwellii                      Black rot
Halyomorpha halys                         Brown marmorated stink bug
Hemileia vastatrix                        Coffee leaf rust
Heterobostrychus aequalis                 Lesser auger beetle
Heterodera carotae                        Carrot cyst nematode
Homalodisca vitripennis                   Glassy-winged sharp shooter
Ips typographus                           European spruce bark beetle
 
 
eptinotarsa decemlineata                 Colorado potato beetle
 
 
iriomyza sativae                         Vegetable leaf miner
 
 
issorhoptrus oryzophilus                 Rice water weevil
 
 
yctus africanus                          Powder post beetle
 
 
ygus hesperus                            Western plant bug
 
 
ymantria dispar                          Asian gypsy moth
 
 
ymantria monacha                         Nun moth
Mayetiola destructor                      Hessian fly
Monochamus alternatus                     Japanese pine sawyer beetle



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Column 1                                    Column 2
Scientific name                             Common name
Monilinia fructigena                        Brown rot
Mycosphaerella eumusae                      Eumusae leaf spot
Mycosphaerella fijiensis                    Black sigatoka
Mythimna unipuncta                          Armyworm
Neonectria ditissima                        European canker
Oidium citri                                Citrus powdery mildew
Ophiostoma novo-ulmi                        Dutch elm disease
Orgyia thyellina                            White spotted tussock moth
Pepino mosaic virus                         Pepino mosaic virus
Phakopsora euvitis                          Grapevine leaf rust
Phoma tracheiphila                          Mal secco
Phomopsis helianthi                         Sunflower stem canker
Phyllosticta cavendishii                    Banana freckle
Phymatotrichopsis omnivora                  Texas root rot
Phytophthora fragariae var. fragariae       Red steele root rot
Phytophthora pinifolia                      Pine needle disease
Phytophthora ramorum                        Sudden oak death
Plum pox virus                              Sharka
Pomacea canaliculata                        Golden apple snail
Prostephanus truncatus                      Larger grain borer
Pseudococcus maritimus                      Grape mealybug
Psila rosae                                 Carrot rust fly
Puccinia asparagi                           Asparagus rust
Puccinia graminis f.sp. tritici race Ug99   Wheat stem rust Ug99
Puccinia striiformis f.sp. hordei           Barley stripe rust
Raffaelea lauricola                         Laurel wilt
Ralstonia solanacearum race 2               Moko
Rhagoletis pomonella                        Apple maggot
Roesleria subterranea                       Grape root rot
Scirtothrips aurantii                       South African citrus thrips
Sphaceloma perseae                          Avocado scab
Spiroplasma citri                           Stubborn
Stagonospora sacchari                       Leaf scorch
Sternochetus frigidus                       Mango pulp weevil
Stromatium barbatum                         Drywood longicorn beetle
Synchytrium endobioticum                    Potato wart



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Column 1                                   Column 2
Scientific name                            Common name
Teratosphaeria zuluensis                   Coniothyrium eucalypt canker
Tetranychus piercei                        Spider mite
Tetranychus turkestani                     Strawberry spider mite
Thaumatotibia leucotreta                   False codling moth
Thrips palmi                               Melon thrips
Tilletia barclayana                        Kernel smut of rice
Tilletia indica                            Karnal bunt
Tomicus piniperda                          Pine shoot beetle
Trioza erytreae                            African citrus psyllid
Trogoderma granarium                       Khapra beetle
Urocerus gigas                             Yellow-horned horntail
X disease phytoplasma                      Peach X disease
Xanthomonas axonopodis pv. allii           Xanthomonas leaf blight
Xanthomonas citri subsp. citri             Citrus canker
Xanthomonas citri subsp. malvacearum       Bacterial blight/Angular leaf spot
Xanthomonas fragariae                      Strawberry angular leaf spot
Xylella fastidiosa                         Pierce's disease/Citrus variegated chlorosis
Pests and Diseases of Animals
Acaraspis woodi                            Acariasis tracheal mite
Anaplasma marginale                        Anaplasmosis
Avian metapneumovirus                      Turkey rhinotracheitis
Babesia bigemina                           Babesiosis
Babesia bovis                              Babesiosis
Babesia caballi                            Equine piroplasmosis
Braula coeca                               Braula fly/Bee louse
Brucella abortus                           Bovine brucellosis
Brucella canis                             Canine brucellosis
Brucella melitensis                        Brucellosis
Brucella suis                              Porcine brucellosis (in non-feral pigs)
Burkholderia malleii                       Glanders
Chlamydophila abortus                      Enzootic abortion of ewes
Chrysomya bezziana                         Screw-worm fly--Old World
Cochliomyia hominivorax                    Screw-worm fly--New World
Ehrlichia ruminantium                      Heartwater
Histoplasma capsulatum var. farciminosum   Epizootic lymphangitis
Mycobacterium bovis                        Tuberculosis/Bovine tuberculosis



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Column 1                                       Column 2
Scientific name                                Common name
Mycoplasma capricolum subsp. capripneumoniae   Contagious caprine pleuropneumonia
Mycoplasma mycoides subsp. mycoides small      Contagious bovine pleuropneumonia
colony type
Psoroptes ovis                                 Sheep scab
Rhipicephalus (Boophilus) australis            Cattle tick
Salmonella abortus-equi                        Salmonellosis
Salmonella abortus-ovis                        Salmonellosis
Salmonella gallinarum                          Fowl typhoid
Taylorella equigenitalis                       Contagious equine metritis
Theileria equi (Babesia equi)                  Equine piroplasmosis
Theileria parva                                Exotic theileria/East coast fever
Theileria annulata                             Mediterranean theileriosis/Tropical theileriosis
Trichinella spiralis                           Trichinellosis
Tropilaelaps clareae                           Tropilaelaps mite
Tropilaelaps mercedesae                        Tropilaelaps mite
Trypanosoma cruzi                              Chagas' disease
Trypanosoma equiperdum                         Dourine
Trypanosoma evansi                             Surra
Varroa destructor                              Varroa mite
Varroa jacobsoni                               Varroa mite
                                               African horse sickness
                                               African swine fever
                                               Anthrax
                                               Aujeszky's disease
                                               Avian influenza
                                               Bluetongue (clinical disease)
                                               Borna disease
                                               Bovine virus diarrhoea type 2
                                               Bovine Spongiform Encephalopathy
                                               Camelpox
                                               Chronic wasting disease of deer
                                               Classical swine fever
                                               Contagious agalactia
                                               Crimean Congo haemorrhagic fever
                                               Devil facial tumour disease



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Column 1                       Column 2
Scientific name                Common name
                               Encephalitides (tick borne)
                               Epizootic haemorrhagic disease (clinical disease)
                               Equine encephalomyelitis (Eastern, Western and
                               Venezuelan)
                               Equine encephalosis
                               Equine herpes--virus 1 (neurological strain)
                               Equine influenza
                               Feline spongiform encephalopathy
                               Foot and mouth disease
                               Getah virus infection
                               Goat pox
                               Haemorrhagic septicaemia
                               Hendra virus infection (other than in pteropid bats)
                               Infectious bursal disease (hypervirulent and exotic
                               antigenic variant forms)
                               Japanese encephalitis
                               Jembrana disease
                               Leishmaniasis
                               Lumpy skin disease
                               Lyssavirus (including Australian bat lyssavirus)
                               Maedi-visna
                               Malignant catarrhal fever (wildebeest associated)
                               Menangle virus infection
                               Nairobi sheep disease
                               Newcastle disease (all strains other than
                               non-pathogenic V4-like strains)
                               Nipah virus infection
                               Peste des petits ruminants
                               Porcine enterovirus encephalomyelitis (Teschen)
                               Porcine epidemic diarrhoea
                               Porcine myocarditis (Bungowannah virus infection)
                               Porcine reproductive and respiratory syndrome
                               Post-weaning multi-systemic wasting syndrome
                               Potomac fever



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Column 1                                   Column 2
Scientific name                            Common name
                                           Pulmonary adenomatosis (Jaagsiekte)
                                           Rabies
                                           Rift Valley fever
                                           Rinderpest
                                           Scrapie
                                           Sheep pox
                                           Swine influenza (other than H1N1 2009)
                                           Swine vesicular disease
                                           Transmissible gastroenteritis
                                           Transmissible spongiform encephalopathies
                                           Trypanosomosis (tsetse fly associated)
                                           Tularaemia
                                           Vesicular exanthema
                                           Vesicular stomatitis
                                           Warble-fly myiasis
                                           Wesselsbron disease
Diseases of Aquatic Animals
Aeromonas salmonicida subsp. salmonicida   Furunculosis
Aphanomyces astaci                         Crayfish plague
Bonamia exitiosa                           Bonamia exitiosa
Bonamia ostreae                            Bonamia ostreae
Edwardsiella ictaluri                      Enteric septicaemia of catfish
Gyrodactylus salaris                       Gyrodactylosis
Marteilia refringens                       Marteilia refringens
Marteilioides chungmuensis                 Marteilioides chungmuensis
Mikrocytos mackini                         Mikrocytos mackini
Myxobolus cerebralis                       Whirling disease
Perkinsus marinus                          Perkinsus marinus
Piscirickettsia salmonis                   Piscirickettsiosis
Renibacterium salmoninarum                 Bacterial kidney disease
Xenohaliotis californiensis                Xenohaliotis californiensis
Yersinia ruckeri - Hagerman strain         Enteric redmouth disease
                                           Abalone viral ganglioneuritis
                                           Acute hepatopancreatic necrosis disease (AHPND)
                                           of crustaceans


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Column 1                                    Column 2
Scientific name                             Common name
                                            Channel catfish virus disease
                                            European catfish virus
                                            European sheatfish virus
                                            Grouper iridoviral disease
                                            HPR-deleted or HPR0 infectious salmon anaemia
                                            virus
                                            Salmonid alphavirus
                                            Infectious haematopoietic necrosis of finfish
                                            Infectious hypodermal necrosis of crustaceans
                                            Infectious haematopoietic necrosis of crustaceans
                                            Infectious myonecrosis of crustaceans
                                            Infectious pancreatic necrosis of finfish
                                            Infectious spleen and kidney necrosis virus-like
                                            viruses/ISKNV-like viruses
                                            Iridoviroses of molluscs
                                            Koi herpesvirus disease
                                            Monodon slow growth syndrome
                                            Necrotising hepatopancreatitis of crustaceans
                                            Red sea bream iridoviral disease
                                            Spring viraemia of carp
                                            Taura syndrome of crustaceans
                                            Viral haemorrhagic septicaemia of finfish
                                            White spot disease of crustaceans
                                            White tail disease of crustaceans
                                            Yellowhead disease/Yellowhead virus
Pest Terrestrial Invertebrates
Aedes albopictus                            Asian tiger mosquito
Anoplolepis gracilipes                      Yellow crazy ant
Apis cerana                                 Asian honeybee
Apis dorsata                                Giant honeybee
Apis florae                                 Dwarf honeybee
Apis mellifera scutellata and its hybrids   Africanised honeybee
Hypoderma species                           Warble fly
 
 
episiota frauenfeldi                       Browsing ant



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Column 1                                           Column 2
Scientific name                                    Common name
Solenopsis geminata                                Tropical fire ant
Solenopsis invicta                                 Red imported fire ant
Solenopsis richteri                                Black imported fire ant
Wasmannia auropunctata                             Electric ant/Little fire ant
Terrestrial and Freshwater Weeds
Andropogon gayanus                                 Gamba grass
Annona glabra                                      Pond apple
Asparagus declinatus                               Bridal veil creeper
Bassia scoparia (excluding subsp. trichophylla)    Kochia
Centaurea stoebe subsp. micranthos                 Spotted knapweed
Centaurea xmoncktonii                              Black knapweed
Chromolaena odorata                                Siam weed
Clidemia hirta                                     Koster's curse
Cryptostegia grandiflora                           Rubber vine
Eichhornia azurea                                  Anchored water hyacinth
Hieracium spp (all species)                        Hawkweed
Hydrocotyle ranunculoides                          Hydrocotyl/Water pennywort
 
 
agarosiphon major                                 Lagarosiphon
 
 
imnobium spp. (all species)                       Frogbit/Spongeplant
 
 
imnocharis flava                                  Yellow burrhead
Miconia spp. (all species)                         Miconia
Mikania micrantha                                  Mikania vine
Mimosa pigra                                       Mimosa
Myriophyllum spicatum                              Eurasian water milfoil
Nassella tenuissima (syn. Stipa tenuissima)        Mexican feather grass
Orobanche spp. (all species except the native O.   Broomrape
cernua var. australiana and O. minor)
Parthenium hysterophorus                           Parthenium weed
Stratiotes aloides                                 Water soldier
Striga spp. (except the native S. parviflora)      Witchweed
Trapa spp. (all species)                           Water caltrop
Vachellia karroo (syn. Acacia karroo)              Karoo acacia
Vachellia nilotica (syn. Acacia nilotica)          Prickly acacia
Freshwater Algae
Didymosphenia geminata                             Didymo




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Column 1                                 Column 2
Scientific name                          Common name
Aquatic Pests
Pest Marine and Freshwater Finfish
Acestrorhynchus microlepis
Acipenser baerii subsp. baerii           Siberian sturgeon
Acipenser baerii subsp. baicalensis      Baikal sturgeon
Acipenser brevirostrum                   Shortnose sturgeon
Acipenser dabryanus                      Yangtze sturgeon
Acipenser fulvescens                     Lake sturgeon
Acipenser gueldenstaedtii                Russian sturgeon
Acipenser medirostris                    Green sturgeon
Acipenser mikadoi                        Sakhalin sturgeon
Acipenser multiscutatus                  Japanese sturgeon
Acipenser naccarii                       Adriatic sturgeon
Acipenser nudiventris                    Fringebarbel sturgeon
Acipenser oxyrinchus subsp. desotoi      Gulf sturgeon
Acipenser oxyrinchus subsp. oxyrinchus   Atlantic sturgeon
Acipenser persicus                       Persian sturgeon
Acipenser ruthenus                       Sterlet
Acipenser schrenckii                     Amur sturgeon
Acipenser sinensis                       Chinese sturgeon
Acipenser stellatus                      Starry sturgeon
Acipenser sturio                         European sturgeon
Acipenser transmontanus                  White sturgeon
Alfaro cultratus                         Knife-edged livebearer
Alfaro huberi
Allomogurnda nesolepis                   Yellowbelly gudgeon
Ameiurus brunneus                        Snail bullhead
Ameiurus catus                           White catfish
Ameiurus melas                           Black bullhead
Ameiurus natalis                         Yellow bullhead
Ameiurus nebulosus                       Brown bullhead
Ameiurus platycephalus                   Flat bullhead
Ameiurus serracanthus                    Spotted bullhead
Amia calva                               Bowfin
Anabas cobojius                          Gangetic climbing perch
Anabas testudineus                       Climbing perch



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Column 1                                           Column 2
Scientific name                                    Common name
Anaspidoglanis macrostoma                          Flatnose catfish
Apeltes quadracus                                  Four spined stickleback
Aristichthys nobilis                               Bighead carp
Astyanax aeneus                                    Banded tetra
Astyanax fasciatus                                 Banded astyanax
Atractosteus spp. (all species except A.spatula)   American gar/Armoured gar
Bagrus ubangensis                                  Ubangi shovelnose catfish
Barbodes hexagonolepis                             Copper mahseer
Belonesox belizanus                                Pike minnow/Pike killifish
Boulengerochromis microlepis                       Giant cichlid/Yellow belly cichlid
Catla catla                                        Catla
Catlocarpio siamensis                              Giant barb
Centrarchidae family
Centropomus spp. (all species)                     Snook
Chaca bankanensis                                  Angler catfish
Chaca burmensis                                    Burmensis frogmouth catfish
Chaca chaca                                        Squarehead catfish
Channa spp. (all species)                          Snake head
Cirrhinus cirrhosus                                Mrigal
Clarias spp. (all species)                         Walking catfish
Colossoma spp. (all species)
Ctenopharyngodon idella                            Grass carp
Ctenopoma argentoventer                            Silverbelly ctenopoma
Ctenopoma kingsleyae                               Tailspot ctenopoma
Ctenopoma multispine                               Manyspined ctenopoma
Ctenopoma muriei                                   Ocellated labyrinth fish
Ctenopoma nigropannosum                            Twospot climbing perch
Ctenopoma ocellatum                                Eyespot ctenopoma
Ctenopoma weeksii                                  Mottled ctenopoma
Culaea inconstans
Dormitator latifrons                               Pacific fat sleeper
Dormitator lebretonis
Dormitator maculatus                               Pacific sleeper
Elassoma spp. (all species)                        Pygmy sunfish
Electrophorus electricus                           Electric eel
Eleotris amblyopsis                                Large scaled spiny cheek sleeper



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Column 1                                          Column 2
Scientific name                                   Common name
Eleotris sandwicensis                             Sandwich Island sleeper
Erpetoichthys calabaricus                         Reedfish
Erythrinus spp. (all species)
Esox spp. (all species)                           Pike
Gambusia spp. (all species except G. holbrooki)   Mosquitofish
Gobiomorphus gobioides                            Giant bully
Gobiomorphus huttoni                              Redfin bully
Gobiomorus dormitor                               Bigmouth sleeper
Gobiomorus maculatus
Gymnarchus niloticus                              Aba aba
Helicophagus leptorhynchus
Helicophagus waandersii
Hemichromis fasciatus                             Banded jewelfish
Hepsetus odoe                                     African pike
Heterandria bimaculata                            Twospot livebearer
Heteropneustes fossilis                           Stinging catfish
Himantura kittipongi
Himantura krempfi                                 Marbled freshwater whip ray
Himantura oxyrhyncha                              Marbled whipray
Hoplerythrinus spp. (all species)                 Aimira
Hoplias spp. (all species)                        Trahira
Huso huso                                         Beluga
Hydrocynus spp. (all species)                     Pike characin/Giant tigerfish
Hypophthalmichthys molitrix                       Silver carp
Hypseleotris cyprinoides                          Tropical carp-gudgeon
Hypseleotris tohizonae
Ichthyborinae subfamily of the family Citharinidae African pike-characin/Tubenose poacher/Fin eater
(all species)
Ictalurus balsanus                                Balsas catfish
Ictalurus dugesii                                 Lerma catfish
Ictalurus furcatus                                Blue catfish
Ictalurus lupus                                   Headwater catfish
Ictalurus mexicanus                               Rio Verde catfish
Ictalurus ochoterenai                             Chapala catfish
Ictalurus pricei                                  Yaqui catfish
Ictalurus punctatus                               Channel catfish



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Column 1                                 Column 2
Scientific name                          Common name
 
 
abeo calabasu                           Orangefin labeo
 
 
abeo rohita                             Rohu
 
 
ates microlepis                         Forktail lates
 
 
ates niloticus                          Nile perch
 
 
ebiasina bimaculata                     Twospot lebiasina
 
 
epidosiren paradoxa                     South American lungfish
 
 
eptolebias aureoguttatus
 
 
eptolebias marmoratus                   Marbled pearlfish
 
 
eptolebias minimus                      Barred tail pearlfish
 
 
eptolebias opalescens                   Opal pearlfish
Malapterurus spp. (all species)          Electric catfish
Mormyrops anguilloides                   Cornish jack
Neogobius melanostomus                   Round goby
Notropis spp. (all species)              Shiner
Noturus albater                          Ozark madtom
Noturus baileyi                          Smoky madtom
Noturus crypticus                        Chucky madtom
Noturus elegans                          Elegant madtom
Noturus eleutherus                       Mountain madtom
Noturus exilis                           Slender madtom
Noturus fasciatus                        Saddled madtom
Noturus flavater                         Checkered madtom
Noturus flavipinnis                      Yellowfin madtom
Noturus flavus                           Stonecat
Noturus funebris                         Black madtom
Noturus furiosus                         Carolina madtom
Noturus gilberti                         Orangefin madtom
Noturus gladiator
Noturus gyrinus                          Tadpole madtom
Noturus hildebrandi subsp. hildebrandi   Least madtom
Noturus hildebrandi subsp. lautus
Noturus insignis                         Margined madtom
Noturus lachneri                         Ouachita madtom
Noturus leptacanthus                     Speckled madtom
Noturus maydeni                          Black River madtom
Noturus miurus                           Brindled madtom



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Column 1                                  Column 2
Scientific name                           Common name
Noturus munitus                           Frecklebelly madtom
Noturus nocturnus                         Freckled madtom
Noturus phaeus                            Brown madtom
Noturus placidus                          Neosho madtom
Noturus stanauli                          Pygmy madtom
Noturus stigmosus                         Northern madtom
Noturus taylori                           Caddo madtom
Noturus trautmani                         Scioto madtom
Oreochromis spp. (all species except O.   Tilapia
mossambiccus)
Oxydoras spp. (all species)               Ripsaw catfish/Black doras/Black shielded catfish
Oxyeleotris heterodon                     Sentani gudgeon
Oxyeleotris marmorata                     Marble goby
Oxyeleotris siamensis
Oxyeleotris urophthalmoides
Oxyeleotris urophthalmus
Pangasianodon gigas                       Mekong giant catfish
Pangasius conchophilus
Pangasius elongatus
Pangasius krempfi
Pangasius kunyit
Pangasius larnaudii                       Spot pangasius
Pangasius macronema
Pangasius nasutus
Pangasius nieuwenhuisii
Pangasius pangasius                       Yellowtailed catfish
Paratrygon aiereba                        Discus ray
Paravandelia oxyptera                     Pantanal parasitic catfish
Phoxinus erythrogaster                    Southern redbelly dace
Polyodon spathula                         Mississippi paddlefish
Protopterus aethiopicus                   Marbled lungfish
Protopterus amphibius                     Gilled lungfish
Protopterus annectens                     African lungfish
Protopterus dolloi                        Slender lungfish
Psephurus gladius                         Chinese swordfish
Pungitius pungitius                       Ninespine stickleback


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Column 1                                           Column 2
Scientific name                                    Common name
Pygocentrus spp. (all species)                     Red piranha
Pylodictis olivaris                                Flathead catfish
Rutilus rutilus                                    Roach
Sargochromis spp. (all species)                    Pink happy/Slender happy/Cunene happy/Green
                                                   happy
Sarotherodon spp. (all species)                    Blackchin tilapia
Schilbe intermedius                                Silver butter catfish
Schilbe marmoratus                                 Shoulderspot catfish
Schilbe mystus                                     African butter catfish
Serranochromis spp. (all species)
Serrasalmus spp. (all species)                     Redeye piranha
Siganus rivulatus                                  Marbled spinefoot
Silurus spp. (all species)                         European catfish/Wels catfish
Tilapia spp. (all species except T. buttikoferi)   Redbelly tilapia
Tinca tinca                                        Tench
Tomeurus gracilis
Tor spp. (all species)                             River carp/Deccan mahseer/High backed
                                                   mahseer/Jungha mahseer/Thai mahseer
Valencia hispanica                                 Valencia toothcarp
Zacco platypus                                     Freshwater minnow
Pest Marine Invertebrates
Asterias amurensis                                 Northern Pacific seastar
Balanus improvisus                                 Barnacle
Charybdis japonica                                 Lady crab
Crepidula fornicata                                American slipper limpet/Slipper limpet
Didemnum vexillum                                  Colonial sea squirt
Ensis directus                                     Jack-knife clam
Eriocheir spp. (all species)                       Chinese mitten crab
Hemigrapsus penicillatus                           Pacific crab/Brush-clawed shore crab
Hemigrapsus sanguineus                             Japanese shore crab/Asian shore crab
Hemigrapsus takanoi                                Pacific crab/Brush-clawed shore crab
Mnemiopsis leidyi                                  Comb jelly/Sea walnut
Musculista senhousia                               Asian bag mussel/Asian date mussel
Mya arenaria                                       Soft shell clam
Mytilopsis sallei                                  Black striped mussel
Perna canaliculus                                  New Zealand green lipped mussel
Perna perna                                        Brown mussel


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Column 1                                         Column 2
Scientific name                                  Common name
Perna viridis                                    Asian green mussel
Potamocorbula amurensis                          Asian clam/Brackish-water corbula
Procambarus clarkii                              Red swamp crayfish
Rapana venosa                                    Rapa whelk
Varicorbula gibba                                European clam
Pest Marine Plants
Grateloupia turuturu                             Red macroalga
Sargassum muticum                                Japanese wireweed

Part 2          Prohibited matter--part of the State                                                 1
                                                                                                    2
Column 1               Column 2               Column 3
Scientific name        Common name            Part of State in which matter is prohibited
                                              matter
Plant Pests and Diseases
Daktulosphaira         Grapevine phylloxera   All of NSW except the following local government
vitifoliae                                    areas:
                                              Albury/Corowa Phylloxera Infested Zone
                                              Albury
                                              Corowa (that part within the County of Hume)
                                              Greater Hume, excluding the former local government
                                              areas of Culcairn and Holbrook
                                              Sydney Basin Phylloxera Infested Zone
                                              Ashfield
                                              Auburn
                                              Bankstown
                                              Baulkham Hills
                                              Blacktown
                                              Botany Bay
                                              Burwood
                                              Camden
                                              Campbelltown
                                              Canada Bay
                                              Canterbury
                                              Fairfield
                                              Hawkesbury (within the County of Cumberland)


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Column 1               Column 2             Column 3
Scientific name        Common name         Part of State in which matter is prohibited
                                           matter
                                           Holroyd
                                           Hornsby
                                           Hunters Hill
                                           Hurstville
                                           Kogarah
                                           Ku-ring-gai
                                           Lane Cove
                                           Leichardt
                                           Liverpool
                                           Manly
                                           Marrickville
                                           Mosman
                                           North Sydney
                                           Parramatta
                                           Penrith (other than the portion west of the Nepean
                                           River)
                                           Pittwater
                                           Randwick
                                           Rockdale
                                           Ryde
                                           Strathfield
                                           Sutherland Shire
                                           Sydney
                                           The Hills Shire
                                           Warringah
                                           Waverley
                                           Willoughby
                                           Wollondilly (portion that is within the counties of
                                           Cumberland and Camden)
                                           Wollongong
                                           Woollahra
Invertebrate pests
Pheidole megacephala African big-headed ant Lord Howe Island



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Schedule 3 Prohibited dealings



Schedule 3             Prohibited dealings                                                             1

                                                                                       (Section 148)   2

 1    Dealings with class 1a and 1b non-indigenous animals                                             3
             Any dealing with a non-indigenous animal classified under the regulations as              4
             class 1a or 1b.                                                                           5

 2    Dealings with class 2 and 3a non-indigenous animals                                              6
      (1)    Any dealing with a non-indigenous animal classified under the regulations as class 2      7
             or 3a, unless the dealing is for permitted exhibition purposes or for permitted           8
             research purposes.                                                                        9
      (2)    A dealing is for permitted exhibition purposes if the animal is to be kept at an animal   10
             display establishment (within the meaning of the Exhibited Animals Protection Act         11
             1986) authorised by a licence under that Act.                                             12
      (3)    A dealing is for permitted research purposes if:                                          13
             (a) the person keeping the animal is accredited as a research establishment under         14
                   the Animal Research Act 1985, or                                                    15
             (b) the person keeping the animal holds an animal research authority under the            16
                   Animal Research Act 1985, or                                                        17
             (c) the person keeping the animal holds an animal supplier's licence under the            18
                   Animal Research Act 1985.                                                           19




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Schedule 4            Registrable dealings                                                          1

                                                                                    (Section 150)   2

 1    Bee-keeping                                                                                   3
             Dealing with managed bees.                                                             4

 2    Class 3b non-indigenous animals                                                               5
      (1)    Dealing with any non-indigenous animal classified under the regulations as class 3b,   6
             unless the dealing is for permitted exhibition purposes or permitted research          7
             purposes.                                                                              8
      (2)    A dealing is for permitted exhibition purposes if the animal is kept in accordance      9
             with a permit issued under section 25 of the Exhibited Animals Protection Act 1986.    10
      (3)    A dealing is for permitted research purposes if:                                       11
             (a) the person keeping the animal is accredited as a research establishment under      12
                   the Animal Research Act 1985, or                                                 13
             (b) the person keeping the animal holds an animal research authority under the         14
                   Animal Research Act 1985, or                                                     15
             (c) the person keeping the animal holds an animal supplier's licence under the         16
                   Animal Research Act 1985.                                                        17




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Schedule 5             Regulation-making powers                                                      1

 1    Prevention, elimination, management and minimisation of biosecurity risks                      2
             The prevention, elimination, management and minimisation of biosecurity risks.          3

 2    Exemptions                                                                                     4
             The exemption of any person, class of persons, matter or thing from the operation of    5
             this Act or any specified provision of this Act, either unconditionally or subject to   6
             conditions.                                                                             7

 3    Fees                                                                                           8
             The fees payable under this Act, including the following:                               9
             (a) exemptions from fees,                                                               10
             (b) reduction, waiver or refund of fees,                                                11
             (c) payment of fees by instalments,                                                     12
             (d) the method by which a fee is to be calculated (such as by reference to an hourly    13
                   rate),                                                                            14
             (e) the time for payment of fees (including payment in advance or the payment of        15
                   a deposit towards a fee),                                                         16
              (f) penalties for the late payment of fees,                                            17
             (g) the charging of interest on overdue fees.                                           18

 4    Supplementary provisions                                                                       19
             Provisions that are supplemental to emergency orders and control orders, including      20
             offences relating to emergency zones and control zones.                                 21

 5    Authorised officers                                                                            22
             The functions of authorised officers under this Act or the Stock Medicines Act 1989.    23

 6    Local control authorities                                                                      24
             The functions of local control authorities under this Act.                              25

 7    Identification and tracing of biosecurity matter                                               26
             The marking, tracing or other identification of biosecurity matter or carriers of       27
             biosecurity matter (other than humans) for or in connection with the management or      28
             control of disease or other biosecurity impacts, whether on a mandatory or voluntary    29
             basis.                                                                                  30

 8    Classification                                                                                 31
             The classification of non-indigenous animals for the purposes of this Act.              32

 9    Testing, analysis, vaccination and inoculation                                                 33
             The testing, analysis, vaccination and inoculation of biosecurity matter, including     34
             with respect to the following:                                                          35
             (a) the accreditation or authorisation of persons to carry out any specified testing,   36
                    analysis, vaccination or inoculation,                                            37
             (b) the use, manufacture, testing, distribution, storage, display or display for sale   38
                    of any substance used for testing, analysing, vaccinating or inoculating         39
                    biosecurity matter.                                                              40




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10    Stock foods                                                                                     1
            The regulation of stock foods, including with respect to the following:                   2
            (a) the amount or proportion of a specified ingredient or other thing that may be         3
                  added to or contained in a stock food,                                              4
            (b) the use, manufacture, testing, distribution, storage, display or display for sale     5
                  of stock foods.                                                                     6

11    Fertilisers, liming materials and trace element products                                        7
            The regulation of fertilisers, liming materials and trace element products, including     8
            with respect to the following:                                                            9
            (a) the amount or proportion of a specified ingredient or other thing that may be         10
                   added to or contained in a fertiliser, liming material or trace element product,   11
            (b) the use, manufacture, testing, distribution, storage, display or display for sale     12
                   of fertilisers, liming materials and trace element products.                       13




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Schedule 6 Repeals



Schedule 6              Repeals                                                         1

                                                                        (Section 402)   2

Animal Diseases and Animal Pests (Emergency Outbreaks) Act 1991 No 73                   3
Apiaries Act 1985 No 16                                                                 4
Deer Act 2006 No 113                                                                    5
Fertilisers Act 1985 No 5                                                               6
Non-Indigenous Animals Act 1987 No 166                                                  7
Noxious Weeds Act 1993 No 11                                                            8
Plant Diseases Act 1924 No 38                                                           9
Stock (Chemical Residues) Act 1975 No 26                                                10
Stock Diseases Act 1923 No 34                                                           11
Stock Foods Act 1940 No 19                                                              12




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Schedule 7              Savings, transitional and other provisions                                      1


Part 1       Preliminary                                                                                2

  1   Regulations                                                                                       3
       (1)   The regulations may contain provisions of a savings or transitional nature consequent      4
             on the enactment of this Act or any Act that amends this Act.                              5
       (2)   Any such provision may, if the regulations so provide, take effect from the date of        6
             assent to the Act concerned or a later date.                                               7
       (3)   To the extent to which any such provision takes effect from a date that is earlier than     8
             the date of its publication on the NSW legislation website, the provision does not          9
             operate so as:                                                                             10
              (a) to affect, in a manner prejudicial to any person (other than the State or an          11
                   authority of the State), the rights of that person existing before the date of its   12
                   publication, or                                                                      13
             (b) to impose liabilities on any person (other than the State or an authority of the       14
                   State) in respect of anything done or omitted to be done before the date of its      15
                   publication.                                                                         16
       (4)   Any such provision has effect despite anything to the contrary in this Schedule.           17
       (5)   The regulations may make separate savings and transitional provisions or amend this        18
             Schedule to consolidate the savings and transitional provisions.                           19


Part 2       Provisions consequent on enactment of Act                                                  20

Division 1          General                                                                             21

  2   Definitions                                                                                       22
             In this Division:                                                                          23
             relevant instrument means any order, notice, proclamation, declaration, notification,      24
             direction, warrant, undertaking, delegation or other instrument made, given, granted       25
             or issued under a repealed Act.                                                            26
             repealed Act means an Act repealed by Schedule 6.                                          27
             Secretary includes any person exercising the functions of the Secretary under the          28
             repealed Act.                                                                              29

  3   Continuation of instruments and powers under repealed Act                                         30
       (1)   A repealed Act continues to have effect in respect of:                                     31
             (a) any relevant instrument in force immediately before the repeal of the repealed         32
                   Act, and                                                                             33
             (b) anything done (before or after the repeal of the repealed Act) under or in             34
                   connection with such a relevant instrument.                                          35
       (2)   A relevant instrument in force immediately before the repeal of a repealed Act:            36
             (a) continues to have effect (despite the repeal of the repealed Act), and                 37
             (b) may be withdrawn, varied, revoked or cancelled in accordance with the                  38
                   repealed Act (as if that Act remained in force), and                                 39
             (c) ceases to have effect as provided for by the repealed Act (as if that Act              40
                   remained in force) or as provided for by this clause (whichever happens first).      41




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       (3)   Accordingly, any function conferred on any person under a repealed Act in                         1
             connection with a relevant instrument (including a power to give directions or to                 2
             seize or destroy any thing) may continue to be exercised after the repeal of the                  3
             repealed Act as if that Act remained in force.                                                    4
       (4)   The Secretary may, by order in writing, declare that a relevant instrument is a                   5
             superseded instrument.                                                                            6
       (5)   A relevant instrument that is declared to be a superseded instrument ceases to have               7
             effect when the order takes effect.                                                               8
       (6)   This clause does not apply to the following:                                                      9
             (a) a permit or exemption granted or issued under a repealed Act,                                 10
             (b) a licence or registration granted under a repealed Act.                                       11
             Note. Other provisions of this Part provide specifically for the transition of the instruments    12
             referred to in subclause (6).                                                                     13

  4   Continuation of regulations                                                                              14
       (1)   Any regulations made under a repealed Act, as in force immediately before the repeal              15
             of the repealed Act, are taken to continue to have effect in relation to the relevant             16
             instruments and anything done under or in connection with the relevant instruments.               17

       (2)   The power to make regulations conferred by Part 1 of this Schedule includes power                 18
             to amend or revoke any regulation under a repealed Act that is taken to continue to               19
             have effect under this clause.                                                                    20

  5   Obligations under repealed Act continue to apply                                                         21
       (1)   If a provision of a repealed Act continues to have effect, any liability or obligation            22
             imposed on a person by, under or in connection with a contravention of, that                      23
             provision also continues to have effect.                                                          24
       (2)   Accordingly, a person may incur liability for an offence under a repealed Act after               25
             the repeal of the repealed Act.                                                                   26
             Note. For example, if the Minister declares an infected area under section 23 of the Apiaries     27
             Act 1985 before the repeal of that Act, the repealed Act continues to have effect in respect of   28
             that declaration. Accordingly, a person who, after the repeal of the repealed Act, enters the     29
             infected area in contravention of the order could be found guilty of an offence under             30
             section 23 (6) of that Act.                                                                       31
       (3)   However, a person cannot be found guilty of both an offence against this Act and an               32
             offence against a repealed Act in respect of the same act or omission occurring on the            33
             same occasion.                                                                                    34

  6   Continuation of permits                                                                                  35
       (1)   A permit granted or issued under a repealed Act and in force immediately before the               36
             repeal of the repealed Act continues to have effect on that repeal.                               37
       (2)   The permit remains in force for the period for which it was granted or issued under               38
             the repealed Act, unless it is sooner cancelled.                                                  39
       (3)   On the repeal of the repealed Act, this Act applies in respect of the permit as if it had         40
             been granted by a relevant decision-maker under Part 21 of this Act.                              41
       (4)   The permit is authority to engage in the conduct authorised by the permit for the                 42
             purposes of both the repealed Act (to the extent that it continues to have effect) and            43
             this Act (to the extent it would otherwise prohibit the conduct concerned).                       44
       (5)   Any conditions of the permit imposed by the Minister, the Secretary, an inspector or              45
             authorised officer under the repealed Act that were in force immediately before the               46
             repeal of the repealed Act are taken on that repeal to be conditions of the permit under          47



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             this Act (as if they had been imposed by a relevant decision-maker under section 344       1
             of this Act).                                                                              2
       (6)   To avoid doubt, a permit is also subject to any conditions prescribed by the               3
             regulations or imposed by a relevant decision-maker under this Act.                        4

  7   Applications for permits                                                                          5
       (1)   An application for a permit or a renewal of a permit that was duly made to the              6
             Minister, the Secretary, an inspector or an authorised officer under a repealed Act         7
             before the repeal of the repealed Act and not finally determined before the repeal of       8
             that Act is to be dealt with as an application for a permit or renewal of a permit under    9
             Part 21 of this Act.                                                                       10
       (2)   A relevant decision-maker may require the applicant to comply with any requirement         11
             relating to the application that the applicant would have been required to comply with     12
             if the application had been made under section 338 or 342 of this Act.                     13

  8   Seizure of property                                                                               14
       (1)   A repealed Act continues to have effect in respect of anything seized, taken or            15
             removed under a power conferred by the repealed Act whether before or after the            16
             repeal of the repealed Act. Accordingly, such a thing is to be dealt with as provided      17
             for by the repealed Act (as if that Act remained in force).                                18
       (2)   This clause does not continue the operation of Part 7 of the Animal Diseases and           19
             Animal Pests (Emergency Outbreaks) Act 1991.                                               20
             Note. See Division 2.                                                                      21

  9   Functions of inspectors and authorised officers under repealed Act                                22
       (1)   A person who, immediately before the repeal of a repealed Act, was an inspector or         23
             authorised officer under the repealed Act is taken, on that repeal, to have been           24
             appointed as an authorised officer under this Act.                                         25

       (2)   Appointment is subject to any conditions or limitations that were in force                 26
             immediately before the repeal of the repealed Act.                                         27

       (3)   Any instrument of authority as an inspector or authorised officer issued under a           28
             repealed Act is taken to be sufficient evidence of authority as an authorised officer      29
             under the Biosecurity Act 2015.                                                            30

       (4)   However, the Secretary is to issue each inspector or authorised officer appointed as       31
             an authorised officer under this clause with evidence of their authority to exercise       32
             functions as an authorised officer under the Biosecurity Act 2015 as soon as               33
             practicable.                                                                               34

       (5)   This clause does not apply to police officers.                                             35

10    Functions of authorised officers under this Act                                                   36
       (1)   An authorised officer under this Act may exercise any function of an inspector or          37
             authorised officer under a provision of a repealed Act or a relevant instrument that       38
             continues to have effect. Accordingly, a reference in a repealed Act or relevant           39
             instrument to an inspector or authorised officer is taken, on the repeal of a repealed     40
             Act, to include a reference to an authorised officer under this Act.                       41

       (2)   The powers conferred on an authorised officer by subclause (1) are subject to any          42
             conditions or limitations that apply to the person's appointment as an authorised          43
             officer under this Act.                                                                    44




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       (3)   Any evidence of authority as an authorised officer issued under this Act is taken to        1
             be sufficient evidence of authority to exercise the functions of an inspector or            2
             authorised officer under a repealed Act.                                                    3

11    Analysts                                                                                           4
       (1)   A person who, immediately before the repeal of a repealed Act, was an analyst under         5
             the repealed Act is taken, on that repeal, to have been appointed as an authorised          6
             analyst under this Act.                                                                     7
       (2)   Appointment is subject to any conditions or limitations that were in force                  8
             immediately before the repeal of the repealed Act.                                          9
       (3)   An authorised analyst under this Act may exercise any function of an analyst under          10
             a provision of a repealed Act that continues to have effect after the repeal of that Act.   11
             Accordingly, a reference in a repealed Act to an analyst is taken to include a              12
             reference to an authorised analyst under this Act.                                          13
       (4)   The powers conferred on an authorised analyst by subclause (3) are subject to any           14
             conditions or limitations that apply to the person's appointment as an authorised           15
             analyst under this Act.                                                                     16

12    Chief Veterinary Officer                                                                           17
             The Chief Veterinary Officer under this Act may exercise any function of the Chief          18
             Veterinary Officer under a provision of a repealed Act that continues to have effect        19
             after the repeal of that Act. Accordingly, a reference in a repealed Act to the Chief       20
             Veterinary Officer is taken to include a reference to the Chief Veterinary Officer          21
             under this Act.                                                                             22

13    General saving                                                                                     23
             Except as expressly provided for by this Act or the regulations under this Schedule,        24
             the repeal or amendment of any Act or regulation by this Act does not affect the            25
             continued operation of that Act or regulation:                                              26
              (a) in respect of a relevant instrument or anything done under or in connection            27
                   with a relevant instrument, or                                                        28
             (b) in respect of any appeals or other proceedings arising under or in connection           29
                   with a repealed or amended Act or regulation.                                         30

Division 2          Repeal of Animal Diseases and Animal Pests (Emergency                                31
                    Outbreaks) Act 1991                                                                  32

14    Definition                                                                                         33
             In this Division:                                                                           34
             repealed Act means the Animal Diseases and Animal Pests (Emergency Outbreaks)               35
             Act 1991.                                                                                   36

15    Continuation of repealed Act for existing emergencies                                              37
       (1)   If, on the repeal of the repealed Act, there is an order in force under section 76 (1) of   38
             the repealed Act, the repealed Act and the regulations under the repealed Act               39
             continue to have effect in respect of the emergency animal disease or emergency             40
             animal pest that is the subject of the order.                                               41

       (2)   Accordingly, any function conferred on any person by the repealed Act in respect of         42
             such an emergency animal disease or emergency animal pest may continue to be                43
             exercised as if the repealed Act remained in force.                                         44




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       (3)   Subclauses (1) and (2) cease to have effect at the end of the period of 6 months after      1
             the repeal of the repealed Act or, if another period is prescribed by the regulations,      2
             that period.                                                                                3
       (4)   This clause is in addition to, and does not limit the operation of, clause 3.               4
       (5)   A reference in clause 16 to the repeal of the repealed Act, in relation to any animal       5
             or property destroyed under a power conferred by this clause, is a reference to the         6
             date on which subclause (1) of this clause ceases to have effect.                           7

16    Compensation                                                                                       8
       (1)   Part 7 of the repealed Act continues to apply in relation to the destruction or death of     9
             an animal, or the destruction of property, before the repeal of the repealed Act.           10
       (2)   Part 7 of the repealed Act extends to the destruction or death of an animal, or the         11
             destruction of property, after the repeal of the repealed Act if:                           12
             (a) the destruction is in accordance with a destruction order made under                    13
                   section 32 of the repealed Act before the repeal of that Act, or                      14
             (b) the destruction is in accordance with a destruction order made under                    15
                   section 32 (1) (c) of the repealed Act after the repeal of that Act, in relation to   16
                   an animal that is in a declared area that became a declared area under Part 3 of      17
                   the repealed Act before its repeal, or                                                18
             (c) the animal or property was seized under section 41 of the repealed Act before           19
                   its repeal and was subsequently destroyed under section 42 of the repealed            20
                   Act, or                                                                               21
             (d) the animal was reported to the Secretary as being affected by an emergency              22
                   animal disease to which that Part applied before the repeal of the repealed Act       23
                   and subsequently died of a class A compensable disease.                               24

Division 3          Repeal of Apiaries Act 1985                                                          25

17    Definitions                                                                                        26
             In this Division:                                                                           27
             Director-General means the Director-General under the repealed Act and includes             28
             any person exercising the functions of the Director-General under the repealed Act.         29
             repealed Act means the Apiaries Act 1985.                                                   30

18    Continuation of registration                                                                       31
       (1)   Registration as a beekeeper under the repealed Act that was in force or subject to a        32
             suspension immediately before the repeal of the repealed Act is taken, on that repeal,      33
             to be biosecurity registration granted under this Act.                                      34
       (2)   Biosecurity registration authorises the person registered as a beekeeper to engage in       35
             any dealing that the person was authorised to engage in by registration under the           36
             repealed Act.                                                                               37
       (3)   Biosecurity registration remains in force for the period for which registration was         38
             granted under the repealed Act, unless it is sooner cancelled under this Act.               39
       (4)   If registration was subject to a suspension immediately before the repeal of the            40
             repealed Act, the suspension continues to have effect as a suspension of biosecurity        41
             registration under this Act.                                                                42




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19    Conditions of registration                                                                       1
       (1)   Any conditions imposed by the Director-General under section 8 of the repealed Act        2
             that were in force immediately before the repeal of the repealed Act are taken on the     3
             repeal of the repealed Act to be conditions of biosecurity registration (as if they had   4
             been imposed by the Secretary under section 162 of this Act).                             5
       (2)   To avoid doubt, biosecurity registration is also subject to any conditions prescribed     6
             by the regulations or imposed by the Secretary under this Act.                            7

20    Applications for registration and renewal of registration                                        8
       (1)   An application for registration or renewal of registration as a beekeeper duly made        9
             to the Director-General before the repeal of the repealed Act that was not finally        10
             determined before the repeal of that Act is to be dealt with as an application for        11
             biosecurity registration or renewal of biosecurity registration under this Act.           12
       (2)   The Secretary may require the applicant to comply with any requirement relating to        13
             the application that the applicant would have been required to comply with if the         14
             application had been made under section 156 or 160 of this Act.                           15

Division 4          Repeal of Non-Indigenous Animals Act 1987                                          16

21    Definitions                                                                                      17
             In this Division:                                                                         18
             Director-General means the Director-General under the repealed Act and includes           19
             any person exercising the functions of the Director-General under the repealed Act.       20
             repealed Act means the Non-Indigenous Animals Act 1987.                                   21

22    Dissolution of Advisory Committee                                                                22
       (1)   The Non-Indigenous Animals Advisory Committee is dissolved on the repeal of the           23
             repealed Act.                                                                             24
       (2)   A person who held office as a member of the Non-Indigenous Animals Advisory               25
             Committee before the repeal of the repealed Act is not entitled to any compensation       26
             or remuneration because of the dissolution of that Committee.                             27

23    Continuation of licences                                                                         28
       (1)   A licence under the repealed Act that was in force immediately before the repeal of       29
             the repealed Act is taken, on that repeal, to be biosecurity registration granted under   30
             this Act.                                                                                 31
       (2)   Biosecurity registration authorises the person who was the licence holder                 32
             immediately before that repeal to keep the animals specified in the licence.              33
       (3)   Biosecurity registration remains in force for the period for which the licence was        34
             granted under the repealed Act, unless it is sooner cancelled.                            35

24    Conditions of licences                                                                           36
       (1)   Any conditions imposed by the Director-General under section 17 of the repealed           37
             Act that were in force immediately before the repeal of the repealed Act are taken on     38
             the repeal of the repealed Act to be conditions of biosecurity registration (as if they   39
             had been imposed by the Secretary under section 162 of this Act).                         40

       (2)   To avoid doubt, biosecurity registration is also subject to any conditions prescribed     41
             by the regulations or imposed by the Secretary under this Act.                            42




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25    Applications for licences or renewal of licences                                                      1
       (1)   An application for a licence or renewal of a licence under the repealed Act that was           2
             duly made to the Director-General before the repeal of the repealed Act and not                3
             finally determined before the repeal of that Act is to be dealt with as an application         4
             for biosecurity registration or renewal of biosecurity registration under this Act.            5
       (2)   The Secretary may require the applicant to comply with any requirement relating to             6
             the application that the applicant would have been required to comply with if the              7
             application had been made under section 156 or 160 of this Act.                                8

Division 5          Repeal of Noxious Weeds Act 1993                                                        9

26    Definitions                                                                                           10
             In this Division:                                                                              11
             Director-General means the Director-General under the repealed Act and includes                12
             any person exercising the functions of the Director-General under that Act.                    13
             public authority has the same meaning as it has in Schedule 1.                                 14
             repealed Act means the Noxious Weeds Act 1993.                                                 15
             weed control notice means a notice given under section 18 (1) or (3) or 22 (1) or (3)          16
             of the repealed Act before its repeal.                                                         17

27    Offence of failing to comply with weed control notice                                                 18
             An owner or occupier of land (other than a public authority or a local control                 19
             authority) given a weed control notice by a local control authority, or a successor in         20
             title to the owner or occupier who has notice of the notice, must not fail to comply           21
             with the notice.                                                                               22
             Maximum penalty: 100 penalty units.                                                            23
             Note. This clause continues the operation of section 19 of the repealed Act, so that weed      24
             control notices issued under the repealed Act remain binding on owners and occupiers of land   25
             and their successors in title.                                                                 26

28    Certificate as to weed control notices, expenses and charges on land                                  27
       (1)   A person may apply to a local control authority for a certificate as to weed control           28
             notices affecting particular land and as to any outstanding expenses payable to the            29
             authority or any resulting charge on the land under the repealed Act.                          30
       (2)   The application is to be in the approved form and is to be accompanied by the fee              31
             approved by the local control authority, being a fee not exceeding the maximum                 32
             amount (if any) prescribed by the regulations.                                                 33

       (3)   On an application being made in accordance with this clause, the local control                 34
             authority is to issue a certificate to the applicant stating the following matters:            35
             (a) whether there are in force any weed control notices issued by or on behalf of              36
                   the authority or the Minister that affect the land,                                      37
             (b) the amounts of expenses due or payable to the authority under the repealed Act             38
                   in connection with any weed control notice given by the authority that affects           39
                   the land and any subsequent action to control weeds taken by the authority               40
                   under the repealed Act,                                                                  41
             (c) whether the land is subject to any charge arising out of the control of weeds              42
                   under the repealed Act and the amount of any such charge.                                43




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       (4)   The production of the certificate is taken for all purposes to be conclusive proof in      1
             favour of a purchaser for value in good faith of the matters certified.                    2
             Note. This clause continues the operation of section 64 of the repealed Act, so that       3
             prospective purchasers of land may find out about weed control notices issued under the    4
             repealed Act that remain in force.                                                         5

29    Exemptions granted by local control authority                                                     6
       (1)   An exemption granted by a local control authority under section 17A (4) of the             7
             repealed Act and in force on the repeal of the repealed Act continues to have effect       8
             on the repeal of the repealed Act.                                                         9
       (2)   On the repeal of the repealed Act, this Act applies in respect of the exemption as if it   10
             had been granted by the local control authority under clause 4 (5) of Schedule 1 to        11
             this Act.                                                                                  12
       (3)   The exemption applies for the purposes of both the repealed Act (to the extent that it     13
             continues to have effect) and this Act (to the extent it would otherwise apply to the      14
             person or thing concerned).                                                                15
       (4)   Any conditions of the exemption imposed under the repealed Act that were in force          16
             immediately before the repeal of the repealed Act are taken on the repeal of the           17
             repealed Act to be conditions of the exemption under this Act.                             18
       (5)   The exemption remains in force for the period for which it was granted under the           19
             repealed Act, unless it is sooner revoked by order of the local control authority.         20

30    Exemptions granted by Minister or Director-General                                                21
       (1)   An exemption granted by the Director-General or the Minister under section 17A (5)         22
             or (6) of the repealed Act and in force on the repeal of the repealed Act continues to     23
             have effect on the repeal of the repealed Act.                                             24
       (2)   On the repeal of the repealed Act, this Act applies in respect of the exemption as if it   25
             had been granted by the Secretary under section 399 of this Act.                           26
       (3)   The exemption applies for the purposes of both the repealed Act (to the extent that it     27
             continues to have effect) and this Act (to the extent it would otherwise apply to the      28
             person or thing concerned).                                                                29
       (4)   Any conditions of the exemption imposed under the repealed Act that were in force          30
             immediately before the repeal of the repealed Act are taken on the repeal of the           31
             repealed Act to be conditions of the exemption under this Act.                             32
       (5)   The exemption remains in force for the period for which it was granted under the           33
             repealed Act, unless it is sooner revoked by order of the Secretary.                       34

31    Advisory committees                                                                               35
       (1)   Any advisory committee established under Division 2 of Part 5 of the repealed Act          36
             is dissolved on the repeal of that Act.                                                    37
       (2)   A person who held office as a member of such an advisory committee before the              38
             repeal of that Act is not entitled to any compensation or remuneration because of the      39
             dissolution of the committee.                                                              40

32    References to "noxious weeds" in planning instruments                                             41
       (1)   A reference in any instrument made under the Environmental Planning and                    42
             Assessment Act 1979 to a noxious weed under the repealed Act (however expressed)           43
             is to be read, on the repeal of that Act, as a reference to any weed (within the meaning   44
             of the Biosecurity Act 2015) that is a priority weed for the land or area to which the     45
             instrument applies.                                                                        46



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       (2)   A priority weed is any weed identified in a local strategic plan, for a region that   1
             includes that land or area, as a weed that is or should be prevented, managed,        2
             controlled or eradicated in the region.                                               3
       (3)   In this clause:                                                                       4
             local strategic plan means a local strategic plan approved by the Minister under      5
             Division 2 of Part 4 of the Local Land Services Act 2013.                             6




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Schedule 8             Amendment of other legislation                                                1

8.1 Agricultural Livestock (Disease Control Funding) Act 1998 No 139                                 2

      Section 3 Definitions                                                                          3
      Omit the definitions of disease and livestock.                                                 4
      Insert in alphabetical order:                                                                  5
                    disease means any disease (within the meaning of the Biosecurity Act 2015) in    6
                    livestock.                                                                       7

8.2 Agricultural Tenancies Act 1990 No 64                                                            8

[1]   Schedule 1 Improvements that a tenant may make as of right                                     9
      Omit item 4. Insert instead:                                                                   10

      4            Destruction or control of pests (within the meaning of the Biosecurity Act        11
                   2015) as authorised or required by an order, biosecurity direction, permit or     12
                   regulation under that Act.                                                        13

[2]   Schedule 1, item 5                                                                             14
      Omit "noxious".                                                                                15

[3]   Schedule 1, item 8                                                                             16
      Omit "within the meaning of the Fertilisers Act 1985.                                          17
      Insert instead "within the meaning of the Biosecurity Act 2015".                               18

8.3 Animal Research Regulation 2010                                                                  19

[1]   Clause 3 Definitions                                                                           20
      Insert "(an Act repealed by the Biosecurity Act 2015)" after "Non-Indigenous Animals Act       21
      1987" in paragraph (a) of the definition of prescribed offence in clause 3 (1).                22

[2]   Clause 3 (1), definition of "prescribed offence"                                               23
      Insert after paragraph (a):                                                                    24
                   (a1) an offence under the Biosecurity Act 2015, or the regulations under that     25
                          Act, relating to a dealing with a non-indigenous animal (within the        26
                          meaning of that Act), or                                                   27

8.4 Animals Act 1977 No 25                                                                           28

[1]   Long title                                                                                     29
      Insert "; and other matters" after "animals".                                                  30

[2]   Section 10A                                                                                    31
      Insert before section 11:                                                                      32

      10A    Ownership of deer                                                                       33
             (1)   A deer that is held in captivity may be bought, sold or otherwise dealt with or   34
                   disposed of.                                                                      35




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             (2)   If a deer ceases to be held in captivity, all property in the deer is immediately     1
                   extinguished.                                                                         2
             (3)   If a person captures a deer that is not held in captivity, the person becomes the     3
                   owner of the deer.                                                                    4
             (4)   In this section:                                                                      5
                   deer means a living animal of the family cervidae.                                    6

8.5 Civil and Administrative Tribunal Act 2013 No 2                                                      7

      Schedule 3 Administrative and Equal Opportunity Division                                           8
      Omit "Plant Diseases Act 1924" from clause 3 (1) (a).                                              9

8.6 Commons Management Act 1989 No 13                                                                    10

      Section 9 Power of a trust to make a by-law                                                        11
      Omit "noxious" wherever occurring in section 9 (1) (g) and (i).                                    12

8.7 Commons Management Regulation 2006                                                                   13

[1]   Schedule 1 Model by-law                                                                            14
      Omit "noxious" from clause 5 (b).                                                                  15

[2]   Schedule 1, clause 5, note                                                                         16
      Omit the note.                                                                                     17

8.8 Companion Animals Act 1998 No 87                                                                     18

      Section 5 Definitions                                                                              19
      Omit the note to the definition of dog in section 5 (1).                                           20

8.9 Contaminated Land Management Act 1997 No 140                                                         21

[1]   Section 11 Declaring land to be significantly contaminated land                                    22
      Omit section 11 (4) (e). Insert instead:                                                           23
                   (e) if the EPA has reason to believe that a significant contaminant of land           24
                         originates from the use of a cattle dip site on the land in relation to a       25
                         treatment ordered under the Biosecurity Act 2015 or the Stock Diseases          26
                         Act 1923 (an Act repealed by the Biosecurity Act 2015)--the Secretary            27
                         of the Department of Industry, Skills and Regional Development.                 28

[2]   Section 13 Choice of appropriate person to be made subject to management order                     29
      Omit section 13 (5). Insert instead:                                                               30
             (5)   Despite subsection (2), in the case where a significant contaminant of the land       31
                   originates from the use of a cattle dip site on the land in relation to a treatment   32
                   ordered under the Biosecurity Act 2015, or the Stock Diseases Act 1923 (an Act        33
                   repealed by the Biosecurity Act 2015), the appropriate person is:                     34
                    (a) except in the case referred to in paragraph (b)--the Secretary of the             35
                         Department of Industry, Skills and Regional Development, or                     36
                   (b) if a person is responsible for significant contamination of the land              37
                         (whether or not there are other persons who are responsible for such            38



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                          contamination of the land)         because    of   the   operation   of    1
                          section 6 (2) (b)--that person.                                             2

8.10 Conveyancing Act 1919 No 6                                                                      3

      Section 85 (1) (c) and Schedule 4, item 7, column 2                                            4
      Omit "noxious" wherever occurring.                                                             5

8.11 Conveyancing (Sale of Land) Regulation 2010                                                     6

[1]   Schedule 3 Prescribed warranties                                                               7
      Omit "following under the Stock Diseases Act 1923" from clause 17.                             8
      Insert instead "following instruments under the Stock Diseases Act 1923 (an Act repealed        9
      by the Biosecurity Act 2015) that are in force".                                               10

[2]   Schedule 3, clause 18                                                                          11
      Omit "following under the Stock (Chemical Residues) Act 1975".                                 12
      Insert instead "following instruments under the Stock (Chemical Residues) Act 1975 (an         13
      Act repealed by the Biosecurity Act 2015) that are in force".                                  14

[3]   Schedule 3, clauses 23-26                                                                      15
      Insert after clause 22:                                                                        16

       23          An emergency order under the Biosecurity Act 2015 that has been served on         17
                   the owner or occupier of the land.                                                18

       24          A control order under the Biosecurity Act 2015 that has been served on the        19
                   owner or occupier of the land.                                                    20

       25          An individual biosecurity direction (within the meaning of the Biosecurity Act    21
                   2015) that:                                                                       22
                   (a) prohibits, regulates or controls the doing of anything, or                    23
                   (b) requires something to be done.                                                24

       26          A biosecurity undertaking (within the meaning of the Biosecurity Act 2015).       25

8.12 Crown Lands (General Reserves) By-law 2006                                                      26

      Clause 42 Destruction or taking of plants or animals                                           27
      Omit "noxious" from clause 42 (a).                                                             28

8.13 Exhibited Animals Protection Act 1986 No 123                                                    29

[1]   Section 27 Applications                                                                        30
      Insert after section 27 (3A) (e):                                                              31
                    (e1) any biosecurity risk (within the meaning of the Biosecurity Act 2015)       32
                           that arises from keeping the animals, and the capacity of the applicant   33
                           to prevent, eliminate or minimise that risk,                              34




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[2]   Schedule 4 Relationship to other Acts etc                                  1
      Omit "Non-Indigenous Animals Act 1987" from clause 3.                      2
      Insert instead "Biosecurity Act 2015".                                     3

8.14 Exhibited Animals Protection Regulation 2010                                4

      Clause 31 Acquisition etc animals                                          5
      Omit clause 31 (1) (a) (iii). Insert instead:                              6
                  (iii) the Biosecurity Act 2015,                                7

8.15 Fair Trading Act 1987 No 68                                                 8

[1]   Schedule 1 Paramount legislation                                           9
      Omit the following:                                                        10
                   Fertilisers Act 1985                                          11
                   Plant Diseases Act 1924                                       12
                   Stock Foods Act 1940                                          13

[2]   Schedule 1                                                                 14
      Insert in alphabetical order:                                              15
                   Biosecurity Act 2015                                          16

[3]   Schedule 2 Acts prohibiting or regulating supply of goods or services      17
      Omit the following:                                                        18
                   Fertilisers Act 1985                                          19
                   Plant Diseases Act 1924                                       20
                   Stock Foods Act 1940                                          21

[4]   Schedule 2                                                                 22
      Insert in alphabetical order:                                              23
                   Biosecurity Act 2015                                          24

8.16 Fines Act 1996 No 99                                                        25

[1]   Schedule 1 Statutory provisions under which penalty notices issued         26
      Omit the following:                                                        27

                   Animal Diseases (Emergency Outbreaks) Act 1991, section 71A   28
                   Apiaries Act 1985, section 42A                                29
                   Deer Act 2006, section 33                                     30
                   Non-Indigenous Animals Act 1987, section 27A                  31
                   Noxious Weeds Act 1993, section 63                            32
                   Plant Diseases Act 1924, section 19                           33
                   Stock (Chemical Residues) Act 1975, section 15A               34
                   Stock Diseases Act 1923, section 20O                          35
                   Stock Foods Act 1940, section 32A                             36




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[2]   Schedule 1                                                                                   1
      Insert in alphabetical order:                                                                2
                    Biosecurity Act 2015, section 300                                              3

8.17 Fisheries Management Act 1994 No 38                                                           4

[1]   Section 152 Conditions of permits                                                            5
      Insert at the end of section 152 (2) (f):                                                    6
                           , and                                                                   7
                     (g) conditions requiring the destruction or control of pests (within the      8
                           meaning of the Biosecurity Act 2015).                                   9

[2]   Part 6, Division 4 Diseased fish and marine vegetation                                       10
      Omit the Division.                                                                           11

[3]   Part 7, Division 6 Noxious fish and noxious marine vegetation                                12
      Omit the Division.                                                                           13

[4]   Section 220ZFA Further defences                                                              14
      Omit section 220ZFA (2) (b) and (c). Insert instead:                                         15
                   (b) anything done to prevent, eliminate, minimise or manage a biosecurity       16
                        risk posed or likely to be posed by a pest (within the meaning of the      17
                        Biosecurity Act 2015) and which is authorised or required by any of the    18
                        following:                                                                 19
                         (i) the mandatory measures under that Act,                                20
                        (ii) an emergency order under that Act,                                    21
                       (iii) a control order under that Act,                                       22
                       (iv) a biosecurity zone regulation under that Act,                          23
                        (v) a biosecurity direction under that Act.                                24

[5]   Schedule 6B Diseases affecting fish and marine vegetation                                    25
      Omit the Schedule.                                                                           26

[6]   Schedule 6C Noxious fish and noxious marine vegetation                                       27
      Omit the Schedule.                                                                           28

[7]   Schedule 7 Savings, transitional and other provisions                                        29
      Insert after Part 10:                                                                        30


      Part 11 Provisions relating to enactment of Biosecurity Act                                  31
              2015                                                                                 32

       26    Definitions                                                                           33
                    In this Part:                                                                  34
                    relevant instrument means any order, notice, declaration, notification,        35
                    direction, warrant, undertaking, delegation or other instrument made, given,   36
                    granted or issued under a repealed provision.                                  37




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                   repealed provision means a provision of this Act repealed by the Biosecurity      1
                   Act 2015.                                                                         2

       27    Continuation of instruments and powers under repealed provisions                        3
             (1)   This Act, as in force immediately before its amendment by the Biosecurity Act     4
                   2015, continues to have effect in respect of:                                     5
                   (a) any relevant instrument in force immediately before the repeal of a           6
                         repealed provision, and                                                     7
                   (b) anything done (before or after the repeal of a repealed provision) under      8
                         or in connection with such a relevant instrument.                           9
             (2)   A relevant instrument:                                                            10
                   (a) continues to have effect (despite the amendments made by the                  11
                         Biosecurity Act 2015), and                                                  12
                   (b) may be withdrawn, varied, revoked or cancelled in accordance with this        13
                         Act (as if those amendments had not been made), and                         14
                   (c) ceases to have effect as provided for by this Act, as in force immediately    15
                         before those amendments were made, or as provided for by this clause        16
                         (whichever happens first).                                                  17
             (3)   Accordingly, any function conferred on any person under a repealed provision      18
                   in connection with a relevant instrument (including a power to give directions    19
                   or to seize or destroy any thing) may continue to be exercised after the repeal   20
                   of the repealed provision as if that provision remained in force.                 21
             (4)   The Secretary of the Department of Industry, Skills and Regional                  22
                   Development may, by order in writing, declare that a relevant instrument is a     23
                   superseded instrument.                                                            24
             (5)   A relevant instrument that is declared to be a superseded instrument ceases to    25
                   have effect when the order takes effect.                                          26
             (6)   This clause does not apply to a permit issued under a repealed provision.         27

       28    Continuation of regulations                                                             28
             (1)   Any regulations made under or relating to a repealed provision, as in force       29
                   immediately before the repeal of the repealed provision, are taken to continue    30
                   to have effect in relation to the relevant instruments and anything done under    31
                   or in connection with the relevant instruments.                                   32
             (2)   The power to make regulations conferred by Part 2 of this Schedule includes       33
                   power to amend or revoke any regulation that is taken to continue to have         34
                   effect under this clause.                                                         35

       29    Obligations under repealed provisions continue to apply                                 36
             (1)   If a repealed provision continues to have effect, any liability or obligation     37
                   imposed on a person by, under or in connection with a contravention of, that      38
                   provision also continues to have effect.                                          39
             (2)   Accordingly, a person may incur liability for an offence under a repealed         40
                   provision after the repeal of the repealed provision.                             41
             (3)   However, a person cannot be found guilty of both an offence against this Act      42
                   and an offence against the Biosecurity Act 2015 in respect of the same act or     43
                   omission occurring on the same occasion.                                          44




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       30    Continuation of permits                                                                    1
             (1)   A permit issued by the Minister under a repealed provision and in force              2
                   immediately before the repeal of the repealed provision continues to have            3
                   effect on that repeal.                                                               4
             (2)   The permit remains in force for the period for which it was issued under the         5
                   repealed provision, unless it is sooner cancelled.                                   6
             (3)   On the repeal of the repealed provision, the Biosecurity Act 2015 applies in         7
                   respect of the permit as if it had been granted by a relevant decision-maker         8
                   under Part 21 of that Act.                                                           9
             (4)   The permit is authority to engage in the conduct authorised by the permit for        10
                   the purposes of both this Act (to the extent that the repealed provisions            11
                   continue to have effect) and the Biosecurity Act 2015 (to the extent it would        12
                   otherwise prohibit the conduct concerned).                                           13
             (5)   Any conditions of the permit imposed by the Minister under this Act that were        14
                   in force immediately before the amendments made by the Biosecurity Act               15
                   2015 are taken on the commencement of those amendments to be conditions              16
                   of the permit under the Biosecurity Act 2015 (as if they had been imposed by         17
                   a relevant decision-maker under section 344 of the Biosecurity Act 2015).            18
             (6)   To avoid doubt, a permit is also subject to any conditions prescribed by the         19
                   regulations or imposed by a relevant decision-maker under the Biosecurity Act        20
                   2015.                                                                                21

       31    Applications for permits                                                                   22
             (1)   An application for a permit or a renewal of a permit that was duly made to the       23
                   Minister under a repealed provision before the repeal of the repealed provision      24
                   and not finally determined before the repeal of that provision is to be dealt with   25
                   as an application for a permit or renewal of a permit under Part 21 of the           26
                   Biosecurity Act 2015.                                                                27

             (2)   A relevant decision-maker may require the applicant to comply with any               28
                   requirement relating to the application that the applicant would have been           29
                   required to comply with if the application had been made under section 338           30
                   or 342 of the Biosecurity Act 2015.                                                  31

       32    Seizure and destruction of things                                                          32
                   This Act, as in force before its amendment by the Biosecurity Act 2015,              33
                   continues to have effect in respect of anything seized or taken under the power      34
                   conferred by section 213 (whether before or after the repeal of that section).       35
                   Accordingly, such a thing is to be dealt with as provided for by that section (as    36
                   if it remained in force).                                                            37

       33    Fisheries officers may exercise biosecurity functions                                      38
             (1)   A person who, immediately before the repeal of a repealed provision, was a           39
                   fisheries officer under this Act is taken, on that repeal, to have also been         40
                   appointed as an authorised officer under the Biosecurity Act 2015.                   41
             (2)   Appointment is subject to any conditions or limitations on the person's              42
                   appointment as a fisheries officer.                                                  43
             (3)   Any instrument of authority as a fisheries officer issued under this Act is taken    44
                   to be sufficient evidence of authority as an authorised officer under the            45
                   Biosecurity Act 2015.                                                                46




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             (4)   However, the Secretary under the Biosecurity Act 2015 is to issue each              1
                   fisheries officer appointed as an authorised officer under this clause with         2
                   evidence of their authority to exercise functions as an authorised officer under    3
                   the Biosecurity Act 2015 as soon as practicable.                                    4
             (5)   This clause does not apply to police officers.                                      5

       34    Biosecurity officer may exercise fisheries officer functions                              6
             (1)   An authorised officer under the Biosecurity Act 2015 may exercise any                7
                   function of a fisheries officer under a repealed provision or relevant instrument    8
                   that continues to have effect. Accordingly, a reference in a repealed provision      9
                   or relevant instrument to a fisheries officer is taken, on the enactment of the     10
                   Biosecurity Act 2015, to include a reference to an authorised officer under that    11
                   Act.                                                                                12

             (2)   The powers conferred on an authorised officer by subclause (1) are subject to       13
                   any conditions or limitations that apply to the person's appointment as an          14
                   authorised officer under the Biosecurity Act 2015.                                  15

             (3)   Any evidence of authority as an authorised officer issued under the Biosecurity     16
                   Act 2015 is taken to be sufficient evidence of authority to exercise the            17
                   functions of a fisheries officer under a repealed provision or relevant             18
                   instrument.                                                                         19

       35    General saving                                                                            20
                   Except as expressly provided for by this Act or the regulations under this          21
                   Schedule, the amendment of any Act or regulation by the Biosecurity Act 2015        22
                   does not affect the continued operation of that Act or regulation:                  23
                   (a) in respect of a relevant instrument or anything done under or in                24
                         connection with a relevant instrument, or                                     25
                   (b) in respect of any appeals or other proceedings arising under or in              26
                         connection with a repealed provision.                                         27

8.18 Fisheries Management (General) Regulation 2010                                                    28

[1]   Part 13A Diseased and noxious fish and marine vegetation                                         29
      Omit the Part.                                                                                   30

[2]   Clause 263 Dredging work                                                                         31
      Omit "but does not include noxious weeds within the meaning of the Noxious Weeds Act             32
      1993" from clause 263 (2).                                                                       33

8.19 Game and Feral Animal Control Act 2002 No 64                                                      34

      Section 17 Exemptions from requirement for game hunting licence                                  35
      Omit section 17 (1) (d) and (d1). Insert instead:                                                36
                   (d) a person who is hunting a game animal in accordance with a                      37
                         requirement or function imposed or conferred on the person by an              38
                         emergency order, control order or biosecurity zone regulation under the       39
                         Biosecurity Act 2015,                                                         40




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8.20 Game and Feral Animal Control Regulation 2012                                            1

      Clause 19 Exemptions from licensing                                                     2
      Omit clause 19 (a).                                                                     3

8.21 Government Information (Public Access) Regulation 2009                                   4

      Schedule 3 Agencies declared to be part of other agencies                               5
      Omit all the matter relating to the Advisory Committee established under the Noxious    6
      Weeds Act 1993 and the Non-Indigenous Animals Advisory Committee.                       7

8.22 Hemp Industry Regulation 2008                                                            8

      Clause 4 Information and particulars to be included in licence applications             9
      Omit clause 4 (2) (c), (4) (c) and (6) (c).                                             10

8.23 Land and Environment Court Act 1979 No 204                                               11

[1]   Section 18 Class 2--local government and miscellaneous appeals and applications          12
      Omit section 18 (c4).                                                                   13

[2]   Section 18 (i)                                                                          14
      Insert after section 18 (h):                                                            15
                     (i) appeals under sections 137, 179, 210, 256, 274, 325 and 357 of the   16
                           Biosecurity Act 2015.                                              17

[3]   Section 20 Class 4--environmental planning and protection and development                18
      contract civil enforcement                                                              19
      Insert after section 20 (1) (di):                                                       20
                    (dj) proceedings under sections 106, 145, 168, 347 and 382 of the         21
                           Biosecurity Act 2015,                                              22

8.24 Law Enforcement (Powers and Responsibilities) Act 2002 No 103                            23

[1]   Section 216 Application to property                                                     24
      Omit section 216 (2) (b).                                                               25

[2]   Schedule 2 Search warrants under other Acts                                             26
      Omit the following:                                                                     27
                   Animal Diseases (Emergency Outbreaks) Act 1991, section 48                 28
                   Deer Act 2006, section 21                                                  29
                   Non-Indigenous Animals Act 1987, section 24                                30
                   Noxious Weeds Act 1993, section 52                                         31
                   Stock Medicines Act 1989, section 51                                       32

[3]   Schedule 2                                                                              33
      Insert in alphabetical order:                                                           34
                   Biosecurity Act 2015, section 97                                           35




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[4]   Schedule 2                                                                                       1
      Omit "sections 214 and" from the matter relating to the Fisheries Management Act 1994.           2
      Insert instead "section".                                                                        3

8.25 Local Government Act 1993 No 30                                                                   4

      Section 387 Formation of county councils                                                         5
      Omit section 387 (3). Insert instead:                                                            6
             (3)   A proclamation under this section conferring weed control functions on a            7
                   county council is to be made only with the concurrence of the Minister              8
                   administering the Biosecurity Act 2015.                                             9

8.26 Local Land Services Act 2013 No 51                                                                10

[1]   Section 17 Delegation of Ministerial functions                                                   11
      Omit section 17 (3). Insert instead:                                                             12
             (3)   The Minister may delegate to Local Land Services any function of the                13
                   Minister under an Act that is administered by the Minister and prescribed by        14
                   the regulations for the purposes of this section.                                   15

[2]   Section 70 Closure orders                                                                        16
      Omit section 70 (1) (c). Insert instead:                                                         17
                   (c) suspending the operation of any permit issued under the Biosecurity Act         18
                         2015 in relation to the reserve (or part of any such reserve) except to the   19
                         extent (if any) specified in the order.                                       20

[3]   Section 70 (4)                                                                                   21
      Insert after section 70 (3):                                                                     22

             (4)   A closure order prevails to the extent of any inconsistency over a control order,   23
                   biosecurity direction, permit or biosecurity zone regulation under the              24
                   Biosecurity Act 2015.                                                               25

[4]   Section 73 Unauthorised use of public roads                                                      26
      Omit section 73 (2). Insert instead:                                                             27
             (2)   A person is not guilty of an offence under this section if the stock are being      28
                   walked or grazed under the authority of an order, biosecurity direction, permit     29
                   or biosecurity zone regulation under the Biosecurity Act 2015 or in any other       30
                   circumstances prescribed by the regulations for the purposes of this                31
                   subsection.                                                                         32

[5]   Section 102 When may Local Land Services impound bees or beehives placed or                      33
      kept on a controlled travelling stock reserve?                                                   34
      Omit section 102 (4). Insert instead:                                                            35
             (4)   Nothing in this section limits or affects any power with respect to bees or         36
                   beehives conferred on an authorised officer by the Biosecurity Act 2015.            37




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 [6]   Section 103 Orders for mustering of stock                                                       1
       Omit section 103 (2). Insert instead:                                                           2
              (2)    The person in charge of stock is not required to produce an appropriate permit    3
                     for inspection if the person claims that the stock are being conveyed under the   4
                     authority of an order, biosecurity direction, permit or biosecurity zone          5
                     regulation under the Biosecurity Act 2015.                                        6

 [7]   Section 103 (4) (c)                                                                             7
       Omit the paragraph. Insert instead:                                                             8
                    (c) an authorised officer under the Biosecurity Act 2015,                          9

 [8]   Section 120 Restrictions on the transport of stock by vehicle on road                           10
       Omit section 120 (4) (b). Insert instead:                                                       11
                    (b) an order, biosecurity direction, permit or biosecurity zone regulation         12
                          under the Biosecurity Act 2015.                                              13

 [9]   Section 121 Restrictions on the consignment of stock by rail, water or air transport            14
       Omit section 121 (4) (b). Insert instead:                                                       15
                    (b) an order, biosecurity direction, permit or biosecurity zone regulation         16
                          under the Biosecurity Act 2015.                                              17

[10]   Part 10 Pests                                                                                   18
       Omit the Part.                                                                                  19

[11]   Schedule 6 Savings, transitional and other provisions                                           20
       Insert after Part 2:                                                                            21


       Part 3        Provisions relating to enactment of Biosecurity Act                               22
                     2015                                                                              23

       20     Definition                                                                               24
                     In this Part:                                                                     25
                     relevant instrument means any order, approval, warrant, delegation or other       26
                     instrument made, given, granted or issued under a repealed provision.             27
                     repealed provision means a provision of this Act repealed by the Biosecurity      28
                     Act 2015.                                                                         29

       21     Continuation of instruments and powers under repealed provisions                         30
              (1)    This Act, as in force immediately before its amendment by the Biosecurity Act     31
                     2015, continues to have effect in respect of:                                     32
                     (a) any relevant instrument in force immediately before the repeal of a           33
                           repealed provision, and                                                     34
                     (b) anything done (before or after the repeal of a repealed provision) under      35
                           or in connection with such a relevant instrument.                           36
              (2)    A relevant instrument:                                                            37
                     (a) continues to have effect (despite the amendments made by the                  38
                           Biosecurity Act 2015), and                                                  39




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                    (b)   may be withdrawn, varied, revoked or cancelled in accordance with this       1
                          Act (as if those amendments had not been made), and                          2
                    (c)   ceases to have effect as provided for by this Act, as in force immediately   3
                          before those amendments were made, or as provided for by this clause         4
                          (whichever happens first).                                                   5
             (3)   Accordingly, any function conferred on any person under a repealed provision        6
                   in connection with a relevant instrument (including a power to give directions      7
                   or to seize or destroy any thing) may continue to be exercised after the repeal     8
                   of the repealed provision as if that provision remained in force.                   9
             (4)   The Secretary of the Department of Industry, Skills and Regional                    10
                   Development may, by order in writing, declare that a relevant instrument is a       11
                   superseded instrument.                                                              12
             (5)   A relevant instrument that is declared to be a superseded instrument ceases to      13
                   have effect when the order takes effect.                                            14

       22    Continuation of regulations                                                               15
             (1)   Any regulations made under or relating to a repealed provision, as in force         16
                   immediately before the repeal of the repealed provision, are taken to continue      17
                   to have effect in relation to the relevant instruments and anything done under      18
                   or in connection with the relevant instruments.                                     19
             (2)   The power to make regulations conferred by Part 1 of this Schedule includes         20
                   power to amend or revoke any regulation that is taken to continue to have           21
                   effect under this clause.                                                           22

       23    Obligations under repealed provisions continue to apply                                   23
             (1)   If a repealed provision continues to have effect, any liability or obligation       24
                   imposed on a person by, under or in connection with a contravention of, that        25
                   provision also continues to have effect.                                            26
             (2)   Accordingly, a person may incur liability for an offence under a repealed           27
                   provision after the repeal of the repealed provision.                               28
             (3)   However, a person cannot be found guilty of both an offence against this Act        29
                   and an offence against the Biosecurity Act 2015 in respect of the same act or       30
                   omission occurring on the same occasion.                                            31

       24    General saving                                                                            32
                   Except as expressly provided for by this Act or the regulations under this          33
                   Schedule, the amendment of any Act or any regulation by the Biosecurity Act         34
                   2015 does not affect the continued operation of that Act or regulation:             35
                   (a) in respect of a relevant instrument or anything done under or in                36
                         connection with a relevant instrument, or                                     37
                   (b) in respect of any appeals or other proceedings arising under or in              38
                         connection with a repealed provision.                                         39

8.27 Local Land Services Regulation 2014                                                               40

[1]   Clause 79 Supply of water                                                                        41
      Omit clause 79 (2) (c). Insert instead:                                                          42
                   (c) travelling stock that are subject to an order, biosecurity direction or         43
                         permit under the Biosecurity Act 2015,                                        44




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[2]   Part 9 Pests                                                                                    1
      Omit the Part.                                                                                  2

[3]   Clause 99 Certificate as to rates, charges and other matters                                    3
      Insert "(Acts repealed by the Biosecurity Act 2015)" after "Act 1975" in clause 99 (1) (d).     4

8.28 National Parks and Wildlife Act 1974 No 80                                                       5

[1]   Section 118G Defences                                                                           6
      Omit section 118G (2) (b) and (c). Insert instead:                                              7
                   (b) anything done to prevent, eliminate, minimise or manage a biosecurity           8
                        risk posed or likely to be posed by a pest (within the meaning of the          9
                        Biosecurity Act 2015) and which is authorised or required by any of the       10
                        following:                                                                    11
                         (i) the mandatory measures under that Act,                                   12
                        (ii) an emergency order under that Act,                                       13
                       (iii) a control order under that Act,                                          14
                       (iv) a biosecurity zone regulation under that Act,                             15
                        (v) a biosecurity direction under that Act,                                   16

[2]   Section 197 Evidentiary provisions etc                                                          17
      Omit section 197 (10).                                                                          18

[3]   Section 197, note                                                                               19
      Insert at the end of the section:                                                               20
                    Note. See the Biosecurity Act 2015 for certification of matters under that Act.   21

[4]   Schedule 3 Savings, transitional and other provisions                                           22
      Insert at the end of clause 1 (1):                                                              23
                    Biosecurity Act 2015                                                              24

[5]   Schedule 3, Part 11                                                                             25
      Insert after Part 10:                                                                           26


      Part 11 Provisions consequent on enactment of                                                   27
              Biosecurity Act 2015                                                                    28

       74    Certificate evidence                                                                     29
                    Section 197 (10), as in force immediately before its repeal by the Biosecurity    30
                    Act 2015, continues to apply in relation to any time or period occurring before   31
                    the repeal of Part 10 of the Local Land Services Act 2013 by the Biosecurity      32
                    Act 2015.                                                                         33

8.29 Native Vegetation Act 2003 No 103                                                                34

      Section 11 Meaning of routine agricultural management activities                                35
      Omit section 11 (1) (b) and (c). Insert instead:                                                36
                   (b) anything done to prevent, eliminate, minimise or manage a biosecurity          37
                         risk posed or likely to be posed by a pest (within the meaning of the        38



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                          Biosecurity Act 2015) and which is authorised or required by any of the   1
                          following:                                                                2
                           (i) the mandatory measures under that Act,                               3
                          (ii) an emergency order under that Act,                                   4
                         (iii) a control order under that Act,                                      5
                         (iv) a biosecurity zone regulation under that Act,                         6
                          (v) a biosecurity direction under that Act,                               7

8.30 Native Vegetation Regulation 2013                                                              8

[1]   Clause 52 Control of pest animals                                                             9
      Omit the clause.                                                                              10

[2]   Clause 59 Limitation of routine agricultural management activities on protected               11
      riparian land                                                                                 12
      Omit clause 59 (b). Insert instead:                                                           13
                  (b) anything done to prevent, eliminate, minimise or manage a biosecurity         14
                         risk posed or likely to be posed by a pest (within the meaning of the      15
                         Biosecurity Act 2015) and which is authorised or required by any of the    16
                         following:                                                                 17
                           (i) the mandatory measures under that Act,                               18
                         (ii) an emergency order under that Act,                                    19
                        (iii) a control order under that Act,                                       20
                        (iv) a biosecurity zone regulation under that Act,                          21
                          (v) a biosecurity direction under that Act,                               22

[3]   Clause 59 (f)                                                                                 23
      Omit the paragraph.                                                                           24

8.31 Poisons and Therapeutic Goods Regulation 2008                                                  25

      Appendix C Persons authorised to possess and use substances                                   26
      Omit clause 16. Insert instead:                                                               27

       16    Bee keeping                                                                            28
             (1)   A registered beekeeper is authorised to possess and use oxytetracycline in the   29
                   form of a stock medicine registered under the Stock Medicines Act 1989 if:       30
                    (a) required by the registered beekeeper for use in the treatment or            31
                         prevention of European Foulbrood disease in bees, and                      32
                   (b) the registered beekeeper holds a written authority (issued by the            33
                         Secretary of the Department of Industry, Skills and Regional               34
                         Development) recommending the use, by that person, of that substance       35
                         for that purpose.                                                          36
             (2)   In this clause:                                                                  37
                   registered beekeeper means a person registered to keep bees under the            38
                   Biosecurity Act 2015.                                                            39




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8.32 Protection of the Environment Operations Act 1997 No 156                                         1

      Section 142D Defences relating to pesticides and fertilisers and other substances               2
      Omit section 142D (1) (b). Insert instead:                                                      3
                   (b) a fertiliser, liming material or trace element product within the meaning      4
                       of the Biosecurity Act 2015 that may lawfully be sold as such,                 5

8.33 Protection of the Environment Operations (Clean Air) Regulation 2010                             6

      Clause 9 Application of Part                                                                    7
      Omit clause 9 (c). Insert instead:                                                              8
                   (c) the destruction, by means of burning, of an animal that has died, or is         9
                          reasonably suspected to have died, as the result of a disease (within the   10
                          meaning of the Biosecurity Act 2015) by a person who:                       11
                           (i) is an authorised officer exercising functions under that Act, or       12
                          (ii) is acting as authorised or required by an emergency order, control     13
                                 order, biosecurity zone regulation, biosecurity direction or         14
                                 biosecurity undertaking under that Act or by the mandatory           15
                                 measures under that Act.                                             16

8.34 Protection of the Environment Operations (Waste) Regulation 2014                                 17

      Clause 114 Residue waste not to be applied to land used for growing vegetation                  18
      Omit "Fertilisers Act 1985" from clause 114 (2).                                                19
      Insert instead "Biosecurity Act 2015".                                                          20

8.35 Residential (Land Lease) Communities Act 2013 No 97                                              21

      Section 37 Operator's responsibilities                                                          22
      Omit "noxious" from section 37 (1) (g).                                                         23

8.36 Stock Medicines Act 1989 No 182                                                                  24

[1]   Section 2B                                                                                      25
      Insert after section 2A:                                                                        26

      2B     Relationship with Biosecurity Act 2015                                                   27
                   This Act is to be read in conjunction with the Biosecurity Act 2015, which         28
                   provides for the powers of authorised officers in connection with this Act and     29
                   for other administrative matters in connection with this Act.                      30

[2]   Section 3 Definitions                                                                           31
      Omit the definitions of analyst, inspector, permit and tag from section 3 (1).                  32
      Insert in alphabetical order:                                                                   33
                    analyst means an authorised analyst under the Biosecurity Act 2015.               34
                    permit means a permit under Part 21 of the Biosecurity Act 2015 that is in        35
                    force.                                                                            36




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                    relevant withholding period, in relation to a stock medicine, means:                1
                     (a) the withholding period (if any) specified under section 39D by the             2
                           veterinary practitioner who prescribed or supplied the stock medicine        3
                           for the treatment of the stock, or                                           4
                    (b) if paragraph (a) does not apply, the withholding period specified in the        5
                           use instructions.                                                            6
                    tag means a tag attached to an animal in accordance with any requirements           7
                    relating to the identification of animals specified by or under the Biosecurity     8
                    Act 2015.                                                                           9
                    use instructions--see section 4.                                                     10

[3]   Sections 4 and 5                                                                                  11
      Insert after section 3:                                                                           12

        4    Use instructions                                                                           13
             (1)    In this Act, use instructions, in relation to a stock medicine, means the           14
                    instructions that:                                                                  15
                     (a) are on the label attached to the package in which the stock medicine is        16
                           contained and are required or permitted by or under the Agvet Code to        17
                           be on the label when sold, and                                               18
                    (b) relate to the use of the stock medicine on stock or the way in which            19
                           stock, or any product from stock, is to be dealt with after the              20
                           administration of the stock medicine.                                        21
                    Note. Products from stock would include, for example, milk, wool, honey and eggs.   22
             (2)    Without limiting subsection (1), use instructions include the following matter      23
                    appearing on the label attached to the package of a stock medicine:                 24
                    (a) any instructions, directions, recommendations or indications as to the          25
                          dosage rate for, and method and timing of administration of, the stock        26
                          medicine,                                                                     27
                    (b) the type of stock on which the stock medicine is intended to be used or         28
                          should not be used,                                                           29
                    (c) any withholding period,                                                         30
                    (d) any precautions and contraindications,                                          31
                    (e) any instructions, directions or recommendations appearing under the             32
                          heading "Restraint" or "Restraints".                                          33
             (3)    In this Act, a reference to a label attached to a package includes a reference to   34
                    writing appearing on the package.                                                   35

        5    Use of stock medicines                                                                     36
             (1)    In this Act, a reference (however expressed) to the use of a stock medicine on      37
                    stock, or the treatment of stock with a stock medicine, includes a reference to     38
                    the administration to stock of stock food treated with a stock medicine.            39
             (2)    In this Act, a reference (however expressed) to using a stock medicine in a         40
                    manner contrary to the use instructions includes a reference to dealing with        41
                    stock on which the stock medicine has been used in a manner contrary to the         42
                    use instructions and includes, in particular, not observing the withholding         43
                    period or varying the withholding period in relation to the stock medicine.         44




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 [4]   Part 3 Permits and other authorisations                                                        1
       Omit the Part.                                                                                 2

 [5]   Section 36A Interpretation of Part                                                             3
       Omit the section.                                                                              4

 [6]   Section 46 Supply and use bans and recall orders                                               5
       Omit "required under the Stock Diseases Act 1923" from section 46 (2A) (a).                    6
       Insert instead "required by or under the Biosecurity Act 2015".                                7

 [7]   Sections 48-55                                                                                 8
       Omit the sections.                                                                             9

 [8]   Sections 58 and 59                                                                             10
       Omit the sections.                                                                             11

 [9]   Section 60A Penalty notices                                                                    12
       Omit "section and includes" from section 60A (9).                                              13
       Insert instead "section, an authorised officer under the Biosecurity Act 2015 or".             14

[10]   Section 65 Regulations                                                                         15
       Omit section 65 (2) (j).                                                                       16

[11]   Schedule 2 Savings, transitional and other provisions                                          17
       Insert after Part 5:                                                                           18


       Part 6        Provisions consequent on enactment of                                            19
                     Biosecurity Act 2015                                                             20

       20     Definitions                                                                             21
                     In this Part:                                                                    22
                     Director-General includes any person exercising the functions of the             23
                     Director-General under this Act.                                                 24
                     relevant instrument means any notice, direction, warrant, consent, delegation    25
                     or other instrument made, given, granted or issued under a repealed provision.   26
                     repealed provision means a provision of this Act repealed by the Biosecurity     27
                     Act 2015.                                                                        28

       21     Continuation of instruments and powers under repealed provisions                        29
              (1)    This Act, as in force immediately before its amendment by the Biosecurity Act    30
                     2015, continues to have effect in respect of:                                    31
                     (a) any relevant instrument in force immediately before the repeal of a          32
                           repealed provision, and                                                    33
                     (b) anything done (before or after the repeal of a repealed provision) under     34
                           or in connection with such a relevant instrument.                          35
              (2)    A relevant instrument:                                                           36
                     (a) continues to have effect (despite the amendments made by the                 37
                           Biosecurity Act 2015), and                                                 38



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                    (b)   may be withdrawn, varied, revoked or cancelled in accordance with this              1
                          Act (as if those amendments had not been made), and                                 2
                    (c)   ceases to have effect as provided for by this Act, as in force immediately          3
                          before those amendments were made, or as provided for by this clause                4
                          (whichever happens first).                                                          5
             (3)   Accordingly, any function conferred on any person under a repealed provision               6
                   in connection with a relevant instrument (including a power to enter land or to            7
                   seize or destroy any thing) may continue to be exercised after the repeal of the           8
                   repealed provision as if that provision remained in force.                                 9
             (4)   The Secretary of the Department of Industry, Skills and Regional                           10
                   Development may, by order in writing, declare that a relevant instrument is a              11
                   superseded instrument.                                                                     12
             (5)   A relevant instrument that is declared to be a superseded instrument ceases to             13
                   have effect when the order takes effect.                                                   14
             (6)   This clause does not apply to the following:                                               15
                   (a) to a permit issued under a repealed provision, or                                      16
                   (b) to any instrument by which a person is authorised as an inspector or                   17
                         analyst.                                                                             18

       22    Continuation of regulations                                                                      19
             (1)   Any regulations made under a repealed provision, as in force immediately                   20
                   before the repeal of the repealed provision, are taken to continue to have effect          21
                   in relation to the relevant instruments and anything done under or in                      22
                   connection with the relevant instruments.                                                  23
             (2)   The power to make regulations conferred by Part 1 of this Schedule includes                24
                   power to amend or revoke any regulation under a repealed provision that is                 25
                   taken to continue to have effect under this clause.                                        26

       23    Obligations under repealed provisions continue to apply                                          27
             (1)   If a repealed provision continues to have effect, any liability or obligation              28
                   imposed on a person by, under or in connection with a contravention of, that               29
                   provision also continues to have effect.                                                   30
             (2)   Accordingly, a person may incur liability for an offence under a repealed                  31
                   provision after the repeal of the repealed provision.                                      32
                   Note. For example, a person could incur liability for an offence under section 58 (as in   33
                   force before its repeal by the Biosecurity Act 2015) for a failure to comply with a        34
                   direction given by an inspector before the repeal of section 50 even though that failure   35
                   occurs after the repeal of section 50.                                                     36
             (3)   However, a person cannot be found guilty of both an offence against this Act               37
                   and an offence against the Biosecurity Act 2015 in respect of the same act or              38
                   omission occurring on the same occasion.                                                   39

       24    Seizure of property                                                                              40
                   This Act, as in force immediately before its amendment by the Biosecurity Act              41
                   2015, continues to have effect in respect of anything seized, taken or removed             42
                   under a power conferred by a repealed provision whether before or after the                43
                   repeal of the repealed provision. Accordingly, such a thing is to be dealt with            44
                   as provided for by the repealed provisions.                                                45




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       25    Continuation of permits                                                                   1
             (1)   A permit granted or issued under this Act and in force immediately before the       2
                   repeal of section 32 by the Biosecurity Act 2015 continues to have effect on        3
                   that repeal.                                                                        4
             (2)   The permit remains in force, subject to any condition relating to its duration      5
                   specified in it, until it is cancelled under Part 21 of the Biosecurity Act 2015.   6
             (3)   On the repeal of section 32, the Biosecurity Act 2015 applies in respect of the     7
                   permit as if it had been granted by a relevant decision-maker under Part 21 of      8
                   that Act.                                                                           9
             (4)   The permit is authority to engage in the conduct authorised by the permit for       10
                   the purposes of both this Act and the Biosecurity Act 2015 (to the extent it        11
                   would otherwise prohibit the conduct concerned).                                    12
             (5)   The permit applies to any person to whom it would have applied under section        13
                   33 of this Act (had that section not been repealed) as if:                          14
                   (a) the permit were a group permit under the Biosecurity Act 2015, and              15
                   (b) the persons referred to in section 33 were the specified class of person        16
                          to whom the permit were granted.                                             17
             (6)   Any conditions of the permit imposed by the Director-General under this Act         18
                   that were in force immediately before the repeal of section 32 are taken on that    19
                   repeal to be conditions of the permit under the Biosecurity Act 2015 (as if they    20
                   had been imposed by a relevant decision-maker under section 344 of the              21
                   Biosecurity Act 2015).                                                              22
             (7)   To avoid doubt, a permit is also subject to any conditions prescribed by the        23
                   regulations or imposed by a relevant decision-maker under the Biosecurity Act       24
                   2015.                                                                               25

       26    Applications for permits                                                                  26
             (1)   An application for a permit or a renewal of a permit under this Act that was        27
                   duly made to the Director-General and not finally determined before the repeal      28
                   of section 32 by the Biosecurity Act 2015 is to be dealt with as an application     29
                   for a permit or renewal of a permit under Part 21 of the Biosecurity Act 2015.      30
             (2)   A relevant decision-maker under the Biosecurity Act 2015 may require the            31
                   applicant to comply with any requirement relating to the application that the       32
                   applicant would have been required to comply with if the application had been       33
                   made under section 338 or 342 of that Act.                                          34

       27    Functions of inspectors                                                                   35
             (1)   A person who, immediately before the repeal of section 48 by the Biosecurity        36
                   Act 2015, was an inspector under this Act is taken, on that repeal, to have been    37
                   appointed as an authorised officer under the Biosecurity Act 2015.                  38
             (2)   Appointment is subject to any conditions or limitations that were in force          39
                   immediately before the repeal of section 48.                                        40
             (3)   Any instrument of authority as an inspector issued under this Act is taken to       41
                   be sufficient evidence of authority as an authorised officer under the              42
                   Biosecurity Act 2015.                                                               43
             (4)   However, the Secretary is to issue each inspector appointed as an authorised        44
                   officer under this clause with evidence of their authority to exercise functions    45
                   as an authorised officer under the Biosecurity Act 2015 as soon as practicable.     46




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             (5)   This clause does not apply to police officers.                                     1

       28    Functions of authorised officers under this Act                                          2
             (1)   An authorised officer under the Biosecurity Act 2015 may exercise any              3
                   function of an inspector under a repealed provision or a relevant instrument       4
                   that continues to have effect. Accordingly, a reference in a repealed provision    5
                   or relevant instrument to an inspector is taken, on the repeal of section 48 by    6
                   the Biosecurity Act 2015, to include a reference to an authorised officer under    7
                   that Act.                                                                          8

             (2)   The powers conferred on an authorised officer by subclause (1) are subject to       9
                   any conditions or limitations that apply to the person's appointment as an         10
                   authorised officer under that Act.                                                 11

             (3)   Any evidence of authority as an authorised officer issued under the Biosecurity    12
                   Act 2015 is taken to be sufficient evidence of authority to exercise the           13
                   functions of an inspector under a repealed provision or relevant instrument.       14

       29    Analysts                                                                                 15
             (1)   A person who, immediately before the repeal of section 49 by the Biosecurity       16
                   Act 2015, was an analyst under this Act is taken, on that repeal, to have been     17
                   appointed as an authorised analyst under the Biosecurity Act 2015.                 18
             (2)   Appointment is subject to any conditions or limitations that were in force         19
                   immediately before the repeal of section 49.                                       20
             (3)   An authorised analyst under the Biosecurity Act 2015 may exercise any              21
                   function of an analyst under a repealed provision or a relevant instrument that    22
                   continues to have effect. Accordingly, a reference in a repealed provision or      23
                   relevant instrument to an analyst is taken, on the repeal of section 49 by the     24
                   Biosecurity Act 2015, to include a reference to an authorised analyst under that   25
                   Act.                                                                               26
             (4)   The powers conferred on an authorised analyst by subclause (3) are subject to      27
                   any conditions or limitations that apply to the person's appointment as an         28
                   authorised analyst under the Biosecurity Act 2015.                                 29

8.37 Stock Medicines Regulation 2010                                                                  30

      Clause 3 Definitions                                                                            31
      Omit the definition of stock food from clause 3 (1).                                            32
      Insert instead:                                                                                 33
                    stock food has the same meaning as in the Biosecurity Act 2015.                   34

8.38 Summary Offences Act 1988 No 25                                                                  35

      Section 28J Offence of hunting on private land                                                  36
      Omit section 28J (3) (c). Insert instead:                                                       37
                   (c) the land is land to which an emergency order, control order or                 38
                         biosecurity zone regulation under the Biosecurity Act 2015 applies and       39
                         the person enters the land and hunts animals:                                40
                          (i) in accordance with a duty imposed on the person by that order or        41
                                 regulation, or                                                       42
                         (ii) under section 59, 74 or 85 of that Act, or                              43




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8.39 Veterinary Practice Act 2003 No 87                                                              1

[1]   Section 18 Refusal of registration                                                             2
      Omit "the Stock Diseases Act 1923, the Exotic Diseases of Animals Act 1991" from               3
      section 18 (b) (i).                                                                            4
      Insert instead "the Biosecurity Act 2015".                                                     5

[2]   Section 27 Removal of person's name from Register                                              6
      Omit "the Stock Diseases Act 1923, the Exotic Diseases of Animals Act 1991" from               7
      section 27 (2) (c) (i).                                                                        8
      Insert instead "the Biosecurity Act 2015".                                                     9

[3]   Section 33 Annual return to be submitted                                                       10
      Omit "the Stock Diseases Act 1923, the Exotic Diseases of Animals Act 1991" from               11
      section 33 (1) (a) (i).                                                                        12
      Insert instead "the Biosecurity Act 2015".                                                     13

[4]   Schedule 1 Unrestricted acts of veterinary science                                             14
      Omit "(within the meaning of the Stock Diseases Act 1923)" from clause 1 (g).                  15

[5]   Schedule 4 Savings, transitional and other provisions                                          16
      Insert after Part 3:                                                                           17


      Part 4        Provisions consequent on enactment of                                            18
                    Biosecurity Act 2015                                                             19

       24    Offences under repealed Acts                                                            20
                    In this Act, a reference to an offence under the Biosecurity Act 2015 includes   21
                    a reference to an offence under an Act repealed by the Biosecurity Act 2015.     22

8.40 Veterinary Practice Regulation 2013                                                             23

      Clause 4 Restricted acts of veterinary science                                                 24
      Omit "(within the meaning of the Stock Diseases Act 1923)" from clause 4 (1) (d) (vii).        25

8.41 Water Management (General) Regulation 2011                                                      26

[1]   Clause 176 Pesticides and pest control                                                         27
      Omit "noxious" from clause 176 (1) (b).                                                        28

[2]   Clause 176 (2), definition of "noxious weed"                                                   29
      Omit the definition.                                                                           30

8.42 Water NSW Regulation 2013                                                                       31

      Clause 27 Pesticides and pest control on Schedule 1 land and Schedule 2 land                   32
      Omit "noxious" from clause 27 (1) (b).                                                         33




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8.43 Western Lands Act 1901 No 70                                                                   1

[1]   Schedule 1 General lease conditions                                                           2
      Omit paragraph (c). Insert instead:                                                           3
                  (c) To carry out the control of weeds (within the meaning of the Biosecurity      4
                        Act 2015) as required by that Act.                                          5

[2]   Schedule 3 Savings, transitional and other provisions                                         6
      Insert after Part 3:                                                                          7


      Part 4        Provisions consequent on enactment of                                           8
                    Biosecurity Act 2015                                                            9

       16    Change to standard covenant                                                            10
             (1)    A lease in force immediately before the commencement of the amendment to        11
                    this Act made by the Biosecurity Act 2015 that contained an old form of         12
                    covenant is taken, on that commencement, to contain a new form of covenant.     13
             (2)    In this clause:                                                                 14
                    new form of covenant means a covenant of a kind referred to in paragraph (c)    15
                    of Schedule 1, as in force immediately after its amendment by the Biosecurity   16
                    Act 2015.                                                                       17
                    old form of covenant means a covenant of a kind referred to in paragraph (c)    18
                    of Schedule 1, as in force immediately before its amendment by the              19
                    Biosecurity Act 2015.                                                           20

8.44 Wild Dog Destruction Act 1921 No 17                                                            21

[1]   Long title                                                                                    22
      Omit "destruction". Insert instead "control".                                                 23

[2]   Section 1 Name of Act and commencement                                                        24
      Omit "Wild Dog Destruction". Insert instead "Border Fence Maintenance".                       25

[3]   Section 3 Definitions                                                                         26
      Omit "Wild Dog Destruction" from the definition of Board in section 3 (1).                    27
      Insert instead "Border Fence Maintenance".                                                    28

[4]   Section 3 (1), definition of "Scalp"                                                          29
      Omit the definition.                                                                          30

[5]   Part 2, heading                                                                               31
      Omit "Wild Dog Destruction". Insert instead "Border Fence Maintenance".                       32

[6]   Section 3A Border Fence Maintenance Board                                                     33
      Omit "Wild Dog Destruction" from section 3A (1) and (2) (a) wherever occurring.               34
      Insert instead "Border Fence Maintenance".                                                    35




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 [7]   Section 3E Removal of board from office and appointment of administrator   1
       Omit "Wild Dog Destruction" from section 3E (2).                           2
       Insert instead "Border Fence Maintenance".                                 3

 [8]   Part 3, heading                                                            4
       Omit the heading. Insert instead:                                          5


       Part 3 Erection of dog-proof fences                                        6

 [9]   Sections 4-9                                                               7
       Omit the sections.                                                         8

[10]   Section 9A Erection of dog-proof fences by board                           9
       Insert "authorised" after "authorise any".                                 10

[11]   Section 11 Recovery of expenses incurred by board                          11
       Omit "section 9". Insert instead "section 9A".                             12

[12]   Section 18 Payment of subsidy                                              13
       Omit "Wild Dog Destruction". Insert instead "Border Fence Maintenance".    14

[13]   Part 4, Division 3, heading                                                15
       Omit "Wild Dog Destruction". Insert instead "Border Fence Maintenance".    16

[14]   Section 19 Border Fence Maintenance Fund                                   17
       Omit "Wild Dog Destruction" from section 19 (1).                           18
       Insert instead "Border Fence Maintenance".                                 19

[15]   Section 20 Purposes for which Border Fence Maintenance Fund may be used    20
       Omit "Wild Dog Destruction". Insert instead "Border Fence Maintenance".    21

[16]   Section 20 (b)                                                             22
       Omit "and allowances for scalps".                                          23

[17]   Section 20 (e1)                                                            24
       Omit "or eradication".                                                     25

[18]   Section 21 Payment for scalps                                              26
       Omit the section.                                                          27

[19]   Section 25 False statement with respect to scalps                          28
       Omit the section.                                                          29

[20]   Section 26 Possession of dingo                                             30
       Omit the section.                                                          31

[21]   Section 27 Offences                                                        32
       Omit section 27 (a) and (b).                                               33




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[22]   Section 28 Destruction of traps                                                                   1
       Omit the section.                                                                                 2

[23]   Schedule 1 Savings and transitional provisions                                                    3
       Insert after Part 2:                                                                              4


       Part 3        Provisions consequent on enactment of                                               5
                     Biosecurity Act 2015                                                                6

         3    Change of name of Board                                                                    7
              (1)    The Border Fence Maintenance Board is a continuation of, and the same entity         8
                     as, the Wild Dog Destruction Board that was constituted under this Act before        9
                     its amendment by the Biosecurity Act 2015.                                          10
              (2)    A reference in any Act or any instrument to the Wild Dog Destruction Board,         11
                     to the extent that it relates to anything that is done or occurs after the          12
                     commencement of the amendments made to this Act by the Biosecurity Act              13
                     2015, is taken to be a reference to the Border Fence Maintenance Board.             14

         4    Change of name of Fund                                                                     15
              (1)    The Border Fence Maintenance Fund is a continuation of, and the same fund           16
                     as, the Wild Dog Destruction Fund that was maintained under this Act before         17
                     its amendment by the Biosecurity Act 2015.                                          18
              (2)    A reference in any Act or any instrument to the Wild Dog Destruction Fund,          19
                     to the extent that it relates to anything that is done or occurs after the          20
                     commencement of the amendments made to this Act by the Biosecurity Act              21
                     2015, is taken to be a reference to the Border Fence Maintenance Fund.              22

              (3)    In particular, any approval given by the Minister or the Treasurer in relation to   23
                     the Wild Dog Destruction Fund that has effect for the purposes of section 19        24
                     is taken to be an approval in relation to the Border Fence Maintenance Fund.        25

         5    Continuation of certain provisions                                                         26
              (1)    This Act, as in force immediately before its amendment by the Biosecurity Act       27
                     2015, continues to apply to any notice given to an owner or occupier of land        28
                     under section 6 or 8 before their repeal by that Act.                               29
              (2)    Except as expressly provided for by this Act or the regulations under this          30
                     Schedule, the amendment of any Act or regulation by the Biosecurity Act 2015        31
                     does not affect the continued operation of that Act or regulation:                  32
                     (a) in respect of a notice referred to in subclause (1) or anything done under      33
                           or in connection with such a notice, or                                       34
                     (b) in respect of any appeals or other proceedings arising under or in              35
                           connection with a provision of this Act repealed by the Biosecurity Act       36
                           2015.                                                                         37




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