BIOSECURITY ACT 2015

New South Wales Consolidated Acts

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- As at 9 August 2024
- Act 24 of 2015

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

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

PART 2 - INTERPRETATION, KEY CONCEPTS AND PRINCIPLES

Division 1 - Interpretation

7. General definitions
8. Identification of biosecurity matter
9. Notes

Division 2 - Key concepts

10. Biosecurity matter
11. Carriers
12. Dealings
13. Biosecurity impact
14. Biosecurity risk
15. Pests
16. Reasonably practicable

Division 3 - Principles that apply to biosecurity duties

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

PART 3 - GENERAL BIOSECURITY DUTY

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

PART 4 - PROHIBITED MATTER AND RELATED BIOSECURITY DUTIES

Division 1 - Preliminary

27. What is prohibited matter

Division 2 - Offence of dealing with prohibited matter

28. Dealings with prohibited matter
29. Defence for unknowing possession

Division 3 - Duty to notify presence of prohibited matter

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

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

36. Biosecurity duty
37. Offence of failing to discharge biosecurity duty

Division 5 - Duty to notify biosecurity events

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

PART 5 - EMERGENCY ORDERS

Division 1 - Emergency orders

44. Emergency order
45. Content of emergency order
46. Notice of emergency order
47. Notice of property specific order
48. Duration of emergency order

Division 2 - Matters for which emergency order may provide

49. Emergency zone
50. Emergency measures
51. Examples of emergency measures
52. Special powers

Division 3 - Limitations that apply to emergency order

53. Treatment of persons
54. Inspection of persons
55. Destruction requirements
56. Persons directly affected by destruction requirement to be advised of requirement

Division 4 - Effect of order

57. Order prevails over other instruments
58. Offence of contravening emergency order
59. Secretary may authorise required actions and recover costs

Division 5 - General

60. Amendment or revocation of emergency order
61. Protection of emergency actions

PART 6 - CONTROL ORDERS

Division 1 - Control orders

62. Control order
63. Content of control order
64. Notice of control order
65. Notice of property specific order
66. Duration of control order

Division 2 - Matters for which control order may provide

67. Control zone
68. Control measures
69. Examples of control measures

Division 3 - Limitations that apply to control order

70. Consultation required for control order affecting game animals
71. Consultation required for control order affecting native flora or fauna
72. Detention or treatment of persons
73. Destruction requirements
74. Interaction of powers with restrictions imposed by other Acts

Division 4 - Effect of control order

75. Offence of contravening control order
76. Secretary may authorise required actions and recover costs

Division 5 - General

77. Amendment or revocation of control order
78. Authorisation of person to make control orders

PART 7 - BIOSECURITY ZONES

Division 1 - Biosecurity zones

79. Biosecurity zones
80. Matters to be specified

Division 2 - Matters for which regulations may provide

81. Biosecurity zone
82. Regulatory measures
83. Examples of regulatory measures

Division 3 - Limitations on regulation-making power

84. Detention or treatment of persons
85. Destruction requirements
86. Consultation requirements

Division 4 - Effect of biosecurity zone

87. Offence of contravening biosecurity zone regulation
88. Secretary may authorise required actions and recover costs

PART 8 - POWERS OF AUTHORISED OFFICERS

Division 1 - Preliminary

89. Purposes for which functions under Part may be exercised
90. Exercise of functions under other legislation
91. References to functions exercisable "in the case of an emergency"

Division 2 - Information gathering powers

92. Exercise in conjunction with other powers
93. Powers of authorised officers to require information and records
94. Power of authorised officers to require answers
95. Recording of evidence
96. Power of authorised officers to demand name and address
97. Requiring information in the case of an emergency

Division 3 - Entry to premises

98. Powers of authorised officers to enter premises
99. Entry into residential premises only with permission or warrant
100. Search warrants
101. Power to require occupier to provide assistance

Division 4 - Investigation and risk management powers

102. Powers that can be exercised on premises
103. Requiring assistance
104. Recovery of fee for action taken

Division 5 - Functions in relation to seized things

105. Definitions
106. Receipt for seized things
107. Return of seized things
108. Certification of inability to return seized thing
109. Court order requiring delivery of seized thing
110. Forfeiture of seized thing
111. Dealing with forfeited things

Division 6 - Limitations on powers

112. Detention or treatment of persons
113. Destruction requirements
114. Persons directly affected by destruction to be advised of proposed destruction
115. Interaction of powers with restrictions imposed by other Acts

Division 7 - General

116. Offence of failing to comply with requirement made by authorised officer
117. Defence to contravention
118. Care to be taken
119. Compensation
120. Revocation or variation of notices

PART 9 - BIOSECURITY DIRECTIONS

Division 1 - Preliminary

121. Exercise in conjunction with other powers
122. References to functions exercisable "in the case of an emergency"

Division 2 - Biosecurity directions

123. Power to issue biosecurity direction
124. Types of biosecurity direction
125. Revocation or variation of biosecurity direction

Division 3 - General biosecurity directions

126. General biosecurity direction
127. How general biosecurity direction is given

Division 4 - Individual biosecurity directions

128. Individual biosecurity direction
129. How individual biosecurity direction is given
130. Examples of individual biosecurity directions
131. Special emergency powers--inspection and treatment measures
132. Fee for individual biosecurity direction
133. Taking of required actions and recovery of costs

Division 5 - Limitations on powers

134. Detention or treatment of persons
135. Inspection of persons
136. Destruction requirements
137. Interaction of powers with restrictions imposed by other Acts

Division 6 - General

138. Offence not to comply with biosecurity direction
139. Defence of reasonable excuse
140. Appeal to Land and Environment Court
141. Prior notice of direction not required

PART 10 - BIOSECURITY UNDERTAKINGS

142. Authorised officer may accept undertakings
143. Contents of biosecurity undertaking
144. When biosecurity undertaking takes effect
145. Contravention of biosecurity undertaking
146. Fee for biosecurity undertaking
147. Authorised officer may take or authorise required actions and recover costs
148. Order requiring compliance with biosecurity undertaking
149. Withdrawal or variation of biosecurity undertaking
150. Enforcement action not prevented by undertaking

PART 11 - PROHIBITED DEALINGS AND REGISTRABLE DEALINGS

Division 1 - Prohibited dealings

151. Prohibited dealings
152. Offence of engaging in prohibited dealing

Division 2 - Dealings for which biosecurity registration is required

153. Registrable dealings in biosecurity matter
154. Offence of engaging in registrable dealing without biosecurity registration
155. Defence for employees and agents

PART 12 - BIOSECURITY REGISTRATION

Division 1 - Preliminary

156. Registration of persons authorised to engage in registrable dealings
157. Registered entity--meaning
158. References to functions exercisable "in the case of an emergency"

Division 2 - Application for biosecurity registration

159. Application for biosecurity registration
160. Grant or refusal of biosecurity registration
161. Duration of biosecurity registration
162. Variation of biosecurity registration

Division 3 - Renewal of biosecurity registration

163. Application for renewal of biosecurity registration
164. Grant or refusal of renewal application

Division 4 - Conditions of biosecurity registration

165. Conditions of biosecurity registration
166. Compliance with standards
167. Conditions requiring works or measures
168. Alternative arrangements
169. Conditions for insurance cover
170. Conditions for biosecurity audits
171. Conditions requiring financial assurances
172. Conditions to take effect later

Division 5 - Suspension or cancellation of biosecurity registration

173. Grounds for suspension or cancellation of biosecurity registration
174. Suspension of biosecurity registration
175. Registered entity to be given opportunity to make submissions about suspension
176. Cancellation of biosecurity registration
177. Registered entity to be given opportunity to make submissions about cancellation
178. Effect of suspension or cancellation on conditions

Division 6 - Miscellaneous

179. Offence of contravening condition of biosecurity registration
180. Biosecurity registration not transferable
181. Surrender of biosecurity registration
182. Appeal to Land and Environment Court

PART 13 - BIOSECURITY CERTIFICATES

Division 1 - Biosecurity certificates

183. Biosecurity certifier may issue biosecurity certificates
184. Biosecurity certificate--meaning
184A. Fee for biosecurity certificate

Division 2 - Interstate biosecurity certificates

185. Recognition of interstate biosecurity certificates
186. Interstate biosecurity certificate--meaning

Division 3 - Offences

187. Provision of false or misleading information to biosecurity certifier
188. False biosecurity certificates
189. False representations
190. Issue or alteration of biosecurity certificate by unauthorised person

PART 14 - ACCREDITATION OF BIOSECURITY CERTIFIERS

Division 1 - Biosecurity certifiers

191. Grant of accreditation by accreditation authority
192. Accreditation policy
193. Effect of accreditation
194. Responsible accreditation authority
195. Approval of authorised officer to exercise functions of biosecurity certifier

Division 2 - Accreditation procedure

196. Application for accreditation
197. Grant or refusal of accreditation
198. Duration of accreditation
199. Variation of accreditation

Division 3 - Renewal of accreditation

200. Application for renewal of accreditation
201. Grant or refusal of renewal application

Division 4 - Conditions of accreditation

202. Conditions of accreditation
203. Compliance with standards
204. Conditions for insurance cover
204A. Condition that work be carried out only by individuals

Division 5 - Suspension or cancellation of accreditation

205. Grounds for suspension or cancellation of accreditation
206. Suspension of accreditation
207. Biosecurity certifier to be given opportunity to make submissions about suspension
208. Cancellation of accreditation
209. Biosecurity certifier to be given opportunity to make submissions about cancellation
210. Effect of suspension or cancellation on conditions

Division 6 - Miscellaneous

211. Offence of contravening conditions of accreditation
212. Impersonation of biosecurity certifier
213. Appeal to Land and Environment Court

PART 15 - BIOSECURITY AUDITS

Division 1 - Biosecurity audits

214. Biosecurity audits
215. Audits to be conducted by biosecurity auditor only
216. Biosecurity audits are mandatory
217. Audit target--meaning

Division 2 - Accreditation audits

218. Accreditation audit
219. Who can require accreditation audit
220. Engagement of auditor
221. Functions of biosecurity auditor in relation to accreditation audit
222. Recovery of fee for accreditation audit
223. Use of accreditation audit

Division 3 - Compliance audits

224. Compliance audit
225. Who can require compliance audit
226. Decision to require compliance audit
227. Audit frequency policy
228. Engagement of auditor
229. Functions of biosecurity auditor in relation to compliance audit
230. Recovery of fee for compliance audit
231. Use of compliance audit

Division 4 - Functions of biosecurity auditor

232. General functions
233. Entry to premises
234. Use of assistants
235. Reporting requirements
236. Certain matters to be reported immediately

Division 5 - Offences relating to biosecurity audits

237. Obstruction of biosecurity auditor
238. Provision of false or misleading information to biosecurity auditor

PART 16 - APPOINTMENT OF BIOSECURITY AUDITORS

Division 1 - Appointment of biosecurity auditors

239. Appointment of auditors by accreditation authority
240. Appointment policy
241. Effect of appointment
242. Responsible accreditation authority
243. Approval of authorised officer to exercise functions of biosecurity auditor

Division 2 - Appointment procedure

244. Application for appointment
245. Grant or refusal of appointment
246. Duration of appointment
247. Variation of appointment

Division 3 - Renewal of appointment

248. Application for renewal of appointment
249. Grant or refusal of renewal application

Division 4 - Conditions of appointment as biosecurity auditor

250. Conditions of appointment
250A. Condition that work be carried out only by individuals

Division 5 - Suspension or cancellation of appointment

251. Grounds for suspension or cancellation of appointment
252. Suspension of appointment
253. Biosecurity auditor to be given opportunity to make submissions about suspension
254. Cancellation of appointment
255. Biosecurity auditor to be given opportunity to make submissions about cancellation
256. Effect of suspension or cancellation on conditions

Division 6 - Miscellaneous

257. Offence of contravening conditions of appointment
258. Impersonation of biosecurity auditor
259. Appeal to Land and Environment Court

PART 17 - ACCREDITATION AUTHORITIES

Division 1 - Accreditation authorities

260. Accreditation authority--meaning
261. Approval of accreditation authority to exercise functions
262. Effect of approval

Division 2 - Approval procedure

263. Application for approval
264. Grant or refusal of approval
265. Duration of approval
266. Variation of approval

Division 3 - Renewal of approval

267. Application for renewal of approval
268. Grant or refusal of renewal application

Division 4 - Conditions of approval

269. Conditions of approval
269A. Condition that work be carried out only by individuals notified to Secretary

Division 5 - Suspension or cancellation of approval

270. Grounds for suspension or cancellation of approval
271. Suspension of approval
272. Accreditation authority to be given opportunity to make submissions about suspension
273. Cancellation of approval
274. Accreditation authority to be given opportunity to make submissions about cancellation
275. Effect of suspension or cancellation on conditions

Division 6 - Miscellaneous

276. Offence of contravening conditions of approval
277. Appeal to Land and Environment Court
278. Disclosure of information

PART 18 - OFFENCES AND CRIMINAL PROCEEDINGS

Division 1 - Criminal proceedings generally

279. Maximum penalty for category 1 offence
280. Maximum penalty for category 2 offence
281. Negligent--meaning
282. Special requirements for prosecution of category 1 offences
283. Proceedings for offences
284. Time limit for proceedings
285. Matters to be considered in imposing penalty

Division 2 - Defences and related matters

286. Defence of due diligence--category 1 offences
287. Lawful excuse
288. Things done by or under the direction of authorised officers
289. Common carriers
290. Proof of exemptions

Division 3 - Court orders in connection with offences

291. Operation of Division
292. Orders generally
293. Orders for restoration and prevention
294. Orders for costs, expenses and compensation at time offence proved
295. Recovery of costs, expenses and compensation after offence proved
296. Orders regarding costs and expenses of investigation
297. Orders regarding monetary benefits
298. Prohibition orders
299. Forfeiture
300. Forfeiture of boats and motor vehicles
301. Additional orders
302. Appeals against orders

Division 4 - Penalty notices

303. Penalty notices
304. Restriction on power to issue penalty notices

Division 5 - Ancillary offences

305. Liability of directors etc for offences by corporation--special executive liability offences
306. Liability of directors etc for offences by corporation--executive liability offences
307. Liability for complicity
308. False or misleading information

PART 19 - COMPENSATION

309. Compensation payable to owners of animals, plants and property
310. Amount of compensation
311. Market value to take no account of emergency biosecurity matter
312. Other losses excluded
313. Claims
314. Recovery of compensation
315. Grounds for refusal or reduction of claim
316. Disputed claims
317. False claims
318. Power to correct decision
319. Power to require repayment from claimant

PART 20 - RECOVERY OF ADMINISTRATIVE COSTS AND OTHER AMOUNTS

Division 1 - Preliminary

320. Recoverable amounts
321. Part permits recovery by government agencies only

Division 2 - Cost recovery orders

322. Cost recovery order
323. Contents of cost recovery order
324. Charging of interest
325. Change in payment arrangements

Division 3 - Recovery of amounts payable under cost recovery orders

326. Recovery of amount payable under cost recovery order as debt
327. Registration of cost recovery order as charge on land

Division 4 - General

328. Appeal to Land and Environment Court
329. Waiver or remission of recoverable amounts
330. Presumed date of service of cost recovery order

PART 21 - PERMITS

Division 1 - Preliminary

331. Relevant decision-maker--meaning
332. References to functions exercisable "in the case of an emergency"

Division 2 - Permits

333. Grant of permits
334. Relationship between Part and Stock Medicines Act 1989
335. Types of permit
336. Who has power to grant permit
337. Emergency permit
338. Prohibited matter permit
339. Effect of permit
340. Contravention of permit

Division 3 - Application for permit

341. Application for permit
342. Grant or refusal of permit
343. Duration of permit
344. Variation of permit

Division 4 - Renewal of permit

345. Application for renewal of permit
346. Grant or refusal of renewal

Division 5 - Conditions of permit

347. Conditions of permit
348. Conditions for insurance cover
349. Conditions for biosecurity audits
350. Conditions requiring financial assurances
351. Conditions to take effect later

Division 6 - Suspension or cancellation of permit

352. General grounds for suspension or cancellation of permit
353. Additional grounds for suspension or cancellation of permit--emergency
354. Suspension of permit
355. Permit holder to be given opportunity to make submissions about suspension
356. Cancellation of permit
357. Permit holder to be given opportunity to make submissions about cancellation
358. Effect of suspension or cancellation on conditions

Division 7 - Miscellaneous

359. Surrender of permit
360. Appeal to Land and Environment Court

PART 21A - INDEPENDENT BIOSECURITY COMMISSIONER

Division 1 - Preliminary

360A. Definitions

Division 2 - Establishment and appointment

360B. Establishment
360C. Appointment
360D. Independence

Division 3 - Functions of Commissioner

360E. Functions--generally
360F. Functions--advice and reviews
360G. Functions--recommendations

Division 4 - Powers of Commissioner

360H. Definitions
360I. Power to require documents
360J. Power to require information
360K. Power to enter into contracts or other arrangements

Division 5 - Employment conditions

360L. Term of office
360M. Other employment conditions and remuneration
360N. Removal from office
360O. Vacancy in office
360P. Acting Commissioner

Division 6 - Miscellaneous

360Q. Staff
360R. Annual report
360S. Application of Privacy and Personal Information Protection Act 1998
360T. Review of part

PART 22 - ADMINISTRATION

Division 1 - Authorised officers

361. Appointment of authorised officers
362. Powers subject to instrument of appointment
363. Police officers taken to be authorised officers
364. Identification
365. Use of assistants
366. Use of dogs
367. Obstructing authorised officers
368. Assaulting authorised officers
369. Impersonating authorised officers

Division 2 - Local control authorities--weeds

370. Local control authority--meaning
371. Functions of local control authority
372. Local authorities to appoint authorised officers to control weeds
373. Recovery of fees
374. Arrangements for joint exercise of functions
375. Delegation by local control authority

Division 3 - Other officers

376. Chief Plant Protection Officer
377. Chief Veterinary Officer
378. Analysts

Division 4 - General

379. Delegation by Secretary
380. Extraterritorial exercise of functions
381. Access to information by authorised officers
382. Waiver and refund of fees and other amounts

PART 23 - MISCELLANEOUS

383. Protection from liability
384. Breach of duty of confidentiality excluded
385. Restraint of contraventions of requirement imposed by or under Act
386. Planning and other requirements in relation to authorised actions
387. Collection, use and disclosure of information
388. Hunting may be authorised
389. Cruelty to animals not authorised
390. Application of Surveillance Devices Act 2007
391. Continuing effect of requirements
392. Service of notices and other documents
393. Evidentiary certificates
394. Evidence of analysts
395. Evidence as to state of mind of corporation
396. Evidence of publication of instruments on website
397. Evidence of part to be evidence of whole
398. (Repealed)
399. Reasonable suspicion--carriers
400. Reasonable suspicion of infection
401. Reasonable suspicion of infestation
402. Exemptions
403. Application of Personal Property Securities Act 2009 (Cth)
404. Regulations
404A. Biosecurity order--permitted activities
405. (Repealed)
406. Review of Act
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
Schedule 8 (Repealed)

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