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BIOSECURITY ACT 2015


- As at 22 January 2021 
- 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 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.    Description of land in notices and other instruments
   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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