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BIOSECURITY ACT 2015 - SECT 7
General definitions
In this Act--
"accreditation audit" --see section 218.
"accreditation authority" --see section 260.
"approved form" means a form approved by the Secretary.
"approved manner" means a manner approved by the Secretary.
"assess" includes investigate.
"authorised analyst" means a person appointed as an authorised analyst under
section 378.
"authorised officer" means a person who is appointed as an authorised officer
under this Act and authorised by that appointment to exercise the function in
relation to which the expression is used.
"bee" means a managed bee of the species Apis mellifera L. or any other
species of managed bee prescribed in the regulations for the purposes of this
definition.
"biosecurity audit" means an accreditation audit or a compliance audit.
"biosecurity auditor" means a person who has been appointed as a biosecurity
auditor under Part 16 and whose appointment is in force.
"biosecurity certificate" --see section 184.
"biosecurity certifier" means a person who has been accredited by an
accreditation authority as a biosecurity certifier under Part 14 and whose
accreditation is in force.
"biosecurity direction" means a general biosecurity direction or an individual
biosecurity direction under Part 9.
"biosecurity duty" means a biosecurity duty imposed by this Act.
Note : See
Parts 3 and 4 for biosecurity duties.
"biosecurity emergency" means an emergency arising because of a
biosecurity risk or biosecurity impact.
"biosecurity event" --see section 39.
"biosecurity impact" --see section 13.
"biosecurity matter" --see section 10.
"biosecurity participant" means a person who is, or formerly was-- (a) a
registered entity, or
(b) a biosecurity certifier, or
(c) a biosecurity
auditor, or
(d) the holder of an individual permit, or
(e) an applicant for
a group permit that was granted, or
(f) a person who has given a biosecurity
undertaking, or
(g) an accreditation authority.
"biosecurity registration" means biosecurity registration granted under Part
12.
"biosecurity risk" --see section 14.
"biosecurity undertaking" means a biosecurity undertaking under Part 10 that
is in effect.
"biosecurity zone regulation" means a regulation made under Part 7.
"carrier" --see section 11.
"category 1 offence" --see section 279 for the maximum penalty.
"category 2 offence" --see section 280 for the maximum penalty.
"Chief Plant Protection Officer" means the person appointed under this Act to
be the Chief Plant Protection Officer.
"Chief Veterinary Officer" means the person appointed under this Act to be the
Chief Veterinary Officer.
"compliance audit" --see section 224.
"conduct" includes an omission.
"contaminant" means any non-living thing-- (a) occurring in or on
biosecurity matter or a carrier, or
(b) that may be ingested or absorbed by
biosecurity matter or a carrier.
"contravene" includes cause or permit a contravention to occur.
"control order" means an order under Part 6.
"corresponding law" means a law of another State or a Territory, or the
Commonwealth, that corresponds to the provisions of this Act, and includes any
law declared by the regulations to be a corresponding law.
"cost recovery order" means an order under section 322.
"critical non-compliance" means anything prescribed by the regulations as
critical non-compliance.
"deal" --see section 12.
"Department" means Regional NSW.
"director" has the same meaning it has in the Corporations Act 2001 of the
Commonwealth.
"disease" means any infection of an organism having the potential to result in
or resulting in an abnormal, pathological or unhealthy condition that is
caused by a known or unknown disease agent.
"disease agent" includes a prion, a microorganism, an infectious agent and a
parasite.
"emergency biosecurity matter" means biosecurity matter that is the subject of
an emergency order.
"emergency order" means an order under Part 5.
"emergency permit" --see section 337.
"engage in a dealing" --see section 12.
"executive liability offence" --see section 306.
"external treatment measure" means a treatment measure (such as cleaning or
disinfection) that is limited to the external parts of the subject's body and,
accordingly, that does not require-- (a) the penetration of the subject's
skin, or
(b) the subject to take any substance.
"fertiliser" means-- (a) a substance that consists of or contains nitrogen,
phosphorus or potassium (or any combination of nitrogen, phosphorus or
potassium) and is manufactured, represented, sold or used as a means for
directly or indirectly supplying nutriment for the purpose of enhancing the
development, productivity, quality or reproductive capacity of vegetation,
other than a substance excluded from this definition by the regulations, or
(b) any other substance prescribed by the regulations to be a fertiliser.
"fitting" means any thing that is commonly used for production, management,
growing, housing, cultivation, harvesting, storage, transport, handling,
processing or sale of animals, animal products or plants.
"fodder" means any water, meal, meat, plant, vegetable, grain, algal products
or other material (including a mixture of materials) used for the food,
supplementation or litter of animals.
"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.
"general biosecurity direction" --see section 124.
"government agency" means-- (a) a Public Service agency within the meaning of
the Government Sector Employment Act 2013 , or
(b) a NSW Government agency,
or
(c) a State owned corporation within the meaning of the
State Owned Corporations Act 1989 , or
(d) a council, county council or
joint organisation within the meaning of the Local Government Act 1993 , or
(e) any other public or local authority constituted by or under an Act, or
(g) any person or body declared by the regulations to be a government agency.
"group permit" --see section 335.
"identified individual" , with respect to a function of a biosecurity
certifier or a biosecurity auditor, means an individual who is notified to the
responsible accreditation authority as an individual who is to carry out that
function for the biosecurity certifier or biosecurity auditor.
"individual biosecurity direction" --see section 124.
"individual permit" --see section 335.
"intentionally" includes knowingly.
"interstate biosecurity certificate" --see section 186.
"land" includes-- (a) the sea or an arm of the sea, and
(b) a bay, inlet,
lagoon, lake or body of water, whether inland or not and whether tidal or
non-tidal, and
(c) a river, stream or watercourse, whether tidal or
non-tidal.
"liming material" means a substance that-- (a) consists of or contains
dolomite (an artificially prepared or naturally occurring mixture of
carbonates, oxides or hydroxides of calcium and magnesium), gypsum (the
sulphate of calcium in either hydrated or anhydrous form), lime (an oxide,
hydroxide or carbonate compound of calcium) or magnesite (an oxide, hydroxide
or carbonate compound of magnesium), and
(b) is manufactured, represented,
sold or used as a means for directly or indirectly affecting the nature or
composition of soil or any other matter in which vegetation is grown.
"local control authority" --see section 370.
"mandatory measures" --see section 24.
"move" includes transport or distribute.
"negligent" --see section 281.
"non-indigenous animal" means an animal not native to Australia before
European settlement.
"obstruction offence" means an offence of-- (a) furnishing false or misleading
information, or
(b) resisting or obstructing an authorised officer, or
(c)
assaulting, abusing or threatening an authorised officer.
"occupier" , in relation to land, includes any person having the care, control
or management of the land.
"permit" means a permit granted by the Secretary or an authorised officer
under Part 21.
"pest" --see section 15.
"plant" includes any member of the Plantae, Fungi and Protista kingdoms,
whether whole or in part, and whether alive or dead.
"premises" includes any land, building, structure or vehicle and any place,
whether built on or not.
"prohibited dealing" means a dealing described in Schedule 3.
"prohibited matter" means biosecurity matter that is prohibited matter
throughout the State or in a part of the State under section 27.
"prohibited matter event" --see section 31.
"prohibited matter permit" --see section 338.
"property" , in Part 19, means any building, structure, animal products,
fodder, fittings and vehicles.
"reasonably practicable" --see section 16.
"recoverable amount" --see section 320.
"registered entity" --see section 157.
"registrable dealing" means a dealing described in Schedule 4.
"responsible accreditation authority" --see sections 194 and 242.
"Secretary" means the Secretary of the Department.
"sell" includes-- (a) sell by wholesale, retail, auction or tender, or
(b)
barter or exchange, or
(c) supply for profit, or
(d) offer for sale, receive
for sale or expose for sale, or
(e) consign or deliver for sale, or
(f) have
in possession for sale, or
(g) cause or allow any of the above to be done.
"special executive liability offence" --see section 305.
"stock food" means a stockfood within the meaning of the Agvet Regulations of
New South Wales and also includes any block, lick, premix or stockfood
supplement (within the meaning of those Regulations) and any substance
prescribed by the regulations under this Act as stock food, (whether or not
any such stock food is mixed or treated with a stock medicine (within the
meaning of the Stock Medicines Act 1989 )), but does not include-- (a) a
stock medicine (within the meaning of the Stock Medicines Act 1989 ), or
(b)
a substance declared by the regulations not to be a stock food, or
(c)
subject to the regulations, a substance that is intended to be fed to animals
other than horses or animals belonging to a food-producing species.
Note :
Section 6 of the Agricultural and Veterinary Chemicals (New South Wales) Act
1994 gives effect to the Agvet Regulations of New South Wales .
"thing" includes any biosecurity matter.
"trace element product" means a substance that-- (a) consists of or contains a
trace element (that is, boron, cobalt, copper, iron, magnesium, manganese,
molybdenum, selenium or zinc or any other element prescribed by the
regulations), or any compound of a trace element, and
(b) is manufactured,
represented, sold or used as a means for directly or indirectly-- (i)
supplying nutriment for the purpose of enhancing the development,
productivity, quality or reproductive capacity of vegetation, or
(ii)
affecting the nature or composition of soil or any other matter in which
vegetation is grown.
"treatment measure" means a treatment or process for the prevention,
elimination, minimisation or management of biosecurity matter (including
cleaning, fumigation, disinfection, medication and vaccination).
"vehicle" includes a conveyance of any kind, whether or not self-propelled,
and whether or not (at any material time) capable of being moved or operated,
and includes-- (a) any caravan, trailer, truck, train or other land vehicle,
and
(b) any ship, hovercraft, boat, ferry, raft and pontoon or other water
craft, and
(c) any aeroplane, helicopter, hot air balloon, drone or other
aircraft.
"weed" means a plant that is a pest.
"Western Division" means that part of the State that is the Western Division
within the meaning of the Crown Land Management Act 2016 . Note : The
Interpretation Act 1987 contains definitions and other provisions that affect
the interpretation and application of this Act.
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